These Terms and Conditions (the “Agreement”) constitute a legal agreement between The Escal Institute of Advanced Technologies, Inc. /dba SANS Institute, for itself and on behalf of its subsidiaries (collectively “SANS”) and you (“User”). By using a SANS website or registering for a SANS-provided training, product and/or service, User agrees to be bound by the terms of this Agreement. PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN TRIAL BY JURY OR CLASS ACTION.
If User is registering for SANS-provided training, products or services that are paid for by User’s employer or other sponsoring organization (“Sponsor”), and there is a conflict or inconsistency between the provisions of this Agreement and any of the provisions of a previously agreed agreement between SANS and the Sponsor (Previous Agreement), the provisions of the Previous Agreement shall prevail.
Eligibility
User must agree to this Agreement before using a SANS website or registering for and participating in any SANS-provided training, product or service. User acknowledges that User is at least 18 years old and legally capable of consenting to this Agreement. If User is under the age of 18 and/or is not legally capable of consenting to this Agreement, User must ask a legal guardian to review and agree to this Agreement and so User can use a SANS website or complete the registration and purchase of SANS-provided training, products or services on User’s behalf.
Live, Online and OnDemand Training
SANS provides high quality training in different modalities, including live in person, live online, or on demand training. SANS Training Policy describe various obligations and requirements of User when attending training event or taking training online whether live or on demand. If User is registering for SANS-provided training, User is also subject to the SANS Training Policy located at https://www.sans.org/about/sans-training-policy/ and such Policy is incorporated into this Agreement by reference.
Intellectual Property
All SANS courseware, certifications, and training materials are copyrighted and/or otherwise consists of data, concepts, technology, and intellectual property owned, licensed and proprietary to SANS. User obtains no intellectual property rights to any courseware, certifications, and training materials. SANS grants to User a worldwide, non-transferable, perpetual, irrevocable, non-exclusive, limited license directly to use such courseware, certifications, and training materials for non-commercial use only. User may not copy, reproduce, distribute, display, modify or create derivative works based upon all or any portion of the courseware, certifications, and training materials in any medium whether printed, electronic or otherwise, without the express written consent of SANS.
Privacy
SANS is committed to protecting the privacy and security of User’s personal data. The SANS (www.sans.org/privacy), GIAC (www.giac.org/privacy) and SANS Technical Institute (www.san.edu/privacy) Privacy Policies describes how SANS may collect, uses, discloses and stores User’s data. Such Privacy Policies are incorporated into this Agreement by reference. By agreeing to this Agreement, User agrees to the applicable SANS, GIAC or SANS Technical Institute Privacy Policy for the training, product or service purchased.
SANS products and services are not directed to children under the age of 13. SANS does not knowingly collect any personal information from children under the age of 13, nor does SANS knowingly distribute such information to third parties. If SANS becomes aware that it has received personal information from someone under the age of 13, SANS will take steps to delete such information from its records. If User believes SANS has personal information from individuals under the age of 13, please contact SANS at privacy@sans.org.
Spam Filters & Email Notices
SANS cannot be responsible for User’s spam filters blocking User’s confirmation email. It is the responsibility of User to ensure that the email account associated with User’s registration will allow mail from sans.org, sans.edu, giac.org, and giac.net.
Payment Terms, Taxes
If User is registering for SANS-provided training, services or products that require a fee or other charge, User agrees to the pricing and payment terms of SANS as updated from time to time. SANS may add new training, products or services for additional fees or charges, or amend fees and charges for existing training, products or services at any time in SANS sole discretion.
All information User provides in connection with User’s purchase or transaction must be accurate, complete and current. All applicable taxes related to any such purchases or transactions from SANS is the responsibility of User.
Indemnity
User agrees to defend, indemnify and hold harmless SANS and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorney’s fees) arising out of or relating to: (i) User’s participation in any training, services or products provided by SANS, including any data or content transmitted or received by you, (ii) User’s violation of any terms of this Agreement, (iii) User’s violation of any third-party right, including the intellectual property rights of third parties, (iv) User’s violation of any applicable law, rule or regulation, (v) any false, misleading or inaccurate information submitted by User or in User’s account, or (vi) negligent or willful misconduct.
No Warranty
SANS disclaims all representations and warranties, oral or written, expressed, implied, or statutory, including without limitation, any implied warranties of fitness for a particular purpose or of merchantability. In no event shall SANS be liable for any incidental, indirect, consequential, exemplary, special, or punitive damages, whether foreseeable, and regardless of whether liability is based on agreement, tort, or otherwise.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SANS, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE, OR INABILITY TO USE, THE SANS-PROVIDED TRAINING, PRODUCTS OR SERVICES. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILIYT OR OTHER BASIS.
Events Outside our Control
SANS will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (a “Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control.
Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.
Sanctions and Export Compliance
The SANS-provided training, products and services are controlled by, operated from and/ or owned by facilities in the United States of America (“U.S.A.”). User is responsible for complying with all applicable government import and export regulations, including those of the U.S.A. User may not purchase or use any SANS-training, products or services if User is a resident of an embargoed country of the U.S.A., or a person subject to U.S.A. government-imposed sanctions or on the denied person list.
Governing Law and Arbitration
User agrees that the SANS-provided training, products or services shall be deemed solely based in Maryland, U.S.A. and that User’s participation in SANS-provided training, products or services is passive and does not give rise to personal jurisdiction over SANS other than in Maryland, U.S.A. This Agreement will be governed by and construed in accordance with the laws of the state of Maryland. Each party hereby irrevocably consents to exclusive personal jurisdiction and venue in the state and federal courts located in Maryland. Both Parties exclude the application of the Uniform Computer Information Transactions Act (“UCITA”), the United Nations Convention on the International Sale of Goods (“CISG”) and any law of any jurisdiction that would apply UCITA or CISG or terms equivalent to UCITA or CISG to this Agreement.
In the event that SANS and User are not able to resolve a dispute after 60 days, each party agrees to resolve any claim, dispute or controversy (excluding any SANS claims for injunctive or other equitable relief) arising out of or in connection with this Agreement by binding arbitration in Montgomery County, Maryland, U.S.A. administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The language of the arbitration will be English.
ALL CLAIMS MUST BE BROUGHT IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. USER AGREES THAT BY ENTERING INTO THIS AGREEMENT, USER AND SANS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
No Waiver
SANS’ waiver of any term of this Agreement shall not be considered a continuing waiver of such term or any other term, and SANS’ failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Entire Agreement
This Agreement constitutes the entire understanding and agreement between the parties concerning the use of a SANS website, or SANS-provided training, products or services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. This Agreement may not be amended except by a written amendment signed by both parties.