XTS Training Terms of Service
For the purposes of these Training Terms of Use, the Courses and Materials (as defined below) are deemed to be part of the “Training Services.”
Through the XTS Training Services, you will be able to access our library of free and fee-based purchase training courses. for our Training Services. By accessing the Training Service or purchasing any Course, you are agreeing to XTS’s Training Terms of Use and all other policies or notices posted by us through the Service or referenced herein (collectively, these “Terms”). These Terms govern your initial access to the Training Services and any subsequent Courses you make via the XTS website.
If you don’t agree to these Terms, do not access the Service. These Terms apply no matter how you access the Service, whether on our website, via our mobile applications, or through other means. If you are accessing or using the Service on behalf of your company, you represent that you are authorized to accept these Terms on behalf of your company, and all references to “you” reference your company. From time to time, we may modify these Terms. Unless we specify otherwise, changes become effective upon our posting of the updated Terms, and the updated Terms will apply to all purchases made after they are posted. We will use reasonable efforts to notify you of the changes through communications via the Training Service, email or other means.
Access to the Service. You may access the Training Services via your account to view and download the free courses or information, or Courses you have purchased, but solely for your own benefit and in accordance with these Terms. You acknowledge that we may use your personal data (including for registration for Training Courses) in accordance with our Privacy Policy (which follows the Terms of Services) and that such personal data is processed and stored in the United States. You will ensure that your use of the Service and all User Content (as defined below) is at all times in compliance with all applicable laws.
Materials. Courses may include supplementary materials that you may download or otherwise access online, including Course descriptions, toolkits, and other written materials designed to supplement your training (“Materials”). If any Materials are provided with the Courses you have purchased, then subject to these Terms, XTS hereby grants you a non-transferable, non-sublicensable, non-exclusive license to copy and use the Materials solely for your personal, non-commercial, educational use in connection with the applicable Courses.
General Restrictions. You will not (and will not permit any third party to): (a) rent, lease, sell, provide access to or sublicense the Training Services to a third party; (b) use the Training Services to provide any product or service to a third party; (c) copy or modify the Training Services, or create any derivative work from any of the foregoing; (d) remove or obscure any proprietary or other notices contained in the Training Services; or (e) publicly disseminate information regarding the Training Services.
3. OWNERSHIP AND USER CONTENT.
3.1. Ownership of the Service. You agree that we retain all right, title and interest (including all patent, copyright, trademark, trade secret and other intellectual property rights) in and to the Training Services. Except as expressly set forth in these Terms, no rights in the Service are granted to you.
3.2. Feedback. We look forward to receiving your comments, requests and other feedback regarding the Training Services and you agree that we are free to incorporate and use your feedback without restriction of any kind, including in our promotional materials, in a manner that is attributable back to you.
3.3. User Content. XTS may enable you to share your User Content (company information, policies and procedures, business rules) with XTS, instructors, and/or other users. For the avoidance of doubt, any User Content does not constitute “Materials” for the purposes of these Terms. You retain all intellectual property rights in, and are responsible for, the User Content you share and its use. We reserve the right to edit or modify User Content shared for the creation of Materials for any reason, including User Content that we believe violates industry practices and applicable guidelines and regulations.
3.4. No Confidential Information. You should not provide to us any information that you consider confidential (including in any feedback or User Content you provide) and you agree that we are not subject to any confidentiality obligations or use restrictions related to information or materials that you may provide to us in relation to the Service.
4. FEES & PAYMENT; REFUNDS.
4.1. Fees and Payment. Fees for Courses are as set forth on the Training Page. You are responsible for paying all fees for Courses you purchase as set forth in the applicable Order with a payment mechanism permitted during the Order process. You are required to pay any sales taxes. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. Fees may vary based on your location and other factors, and we reserve the right to change any fees at any time at our sole discretion. Any fee change will be effective immediately upon posting through the Service.
4.2. Refunds. Purchases of online or downloadable products/services are final and non-refundable.
4.3 Training Virtual or Onsite Cancellations. We reserve the right to cancel any Live In Person or Live Webcast course. If a course is cancelled due to low attendance, we will provide you with the option to participate in a future training session. If you are unable to attend within one year then a full refund will be issued.
You may cancel any course as long as we receive course cancellation notice greater than 10 days prior to the course. You will receive a full refund of that course less a $50.00 processing fee. You may cancel any course 3 to 10 days prior to the course being scheduled and you will receive a 50% refund of that course.
If you cancel a course 3 days prior of the course being offered you will be required to pay for the entire tuition.
We are not responsible for fees incurred related to cancellation of travel expenses (airline reservations, rental car reservation, hotel reservations, etc.).
If training material has been sent to a Live Webcast course attendee, the course can't be canceled. If you are unable to attend a Live Webcast course, we will provide you with a recorded version of the course (On Demand format).
On Demand courses may not be cancelled at any time.
5. TERM AND TERMINATION.
5.1. Term and Terminations. These Terms are effective as of the earlier of (a) the date you first access or use the Service or (b) the date of your first Order and continue in effect while you are accessing the Training Services. We may terminate these Terms and your access to the Service at any time upon notice to you if you breach these Terms.
5.2. Effect of Termination. Upon any expiration or termination of these Terms, you will immediately cease any and all use of and access to the Service. Provided these Terms were not terminated for your breach, you may retain copies of any Materials, so long as you do not copy, distribute or otherwise use them in violation of these Terms. Except where an exclusive remedy is specified, the exercise of either party of any remedy under these Terms, including termination, will be without prejudice to any other remedies it may have under these Terms, by law or otherwise.
6. WARRANTY DISCLAIMER. The Training Services are provided “as is”, and we and our suppliers do not make any warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, title, fitness for a particular purpose or noninfringement. The courses are provided for guidance only, and we make no warranties as to its accuracy or reliability. We do not warrant that your use of the service will be uninterrupted or error-free. We shall not be liable for delays, interruptions, website failures or other problems inherent in use of the internet and electronic communications or other systems outside our reasonable control. The service is accessed and used at your own discretion and risk and we shall not be responsible for any damage caused to your computer or data or for any bugs, viruses, trojan horses or other destructive code resulting from access to or use of the service. You may have other statutory rights, but the duration of statutorily required warranties, if any, shall be limited to the shortest period permitted by law.