The training program, LMS (Learning Management System), web sites, web applications, software, all functions, facilities, content and services related thereto are operated and maintained by Colaberry Inc. (“COLABERRY”), offered at the URL: http://www.COLABERRY.com/ or at one of its subdomains or on any domains controlled by COLABERRY (collectively referred as “CRM”). The CRM is for use solely by individuals and employees of approved companies who are authorized by COLABERRY to use it. By accepting these Terms and Conditions of Use and/or visiting or using the CRM, Student agree to be bound by all of the terms and conditions contained herein (the “Terms”). If Student do not wish to be bound by these Terms, Student are not authorized to use the CRM. By using the COLABERRY CRM, Student agree that Student have read, understand and agree to these terms. Student also agree to review this agreement periodically to be aware of modifications to the agreement, which modifications, COLABERRY Inc. may make at any time. Student’s continued use of this CRM will be deemed Student’s conclusive acceptance of any modified agreement.
1.1 GRANT OF RIGHTS
1.2 PERSONAL INFORMATION
1.3 PROPRIETARY MATERIALS
(a) The CRM contains copyrighted material, trademarks, and other proprietary and confidential information of COLABERRY and others (collectively “Proprietary Material”), including, but not limited to, scripts, documents, code, video, text, software, photos, graphics, image, music, and sound. Student agree not to modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material. Copyrighted materials may only be accessed through the CRM, and not from any other unauthorized access mechanism.
(b) The entire CRM is: Copyright 2012-2015, Colaberry Inc. All Rights Reserved. Complying with all applicable copyright laws is the responsibility of the user. Except as otherwise expressly permitted by these Terms, or as permitted under copyright law, no posting, copying, transmission, retransmission, distribution, redistribution, publication, republication, decompilation, disassembling, reverse engineering, or otherwise reproducing, storing, transmitting, modifying, or commercially exploiting any Proprietary Material in any form or by any means, for any purpose, is permitted without the express written permission of COLABERRY.
(c) COLABERRY and other COLABERRY marks and logos are service marks and trademarks of Colaberry Inc. Other trademarks, service marks, and logos which may be used in the CRM are the trademarks, service marks, or logos of their respective owners. Third party content and software required by or made available by or through this CRM is the property of its respective owner and use is subject to the license or terms provided by such owner. Hypertext links may be provided only for Student’s convenience and do not and should not be viewed as suggesting any association with or endorsement of or by such linked CRMs.
1.4 PROHIBITED CONDUCT
(a) Capture, download, save, upload, print or otherwise retain information and content available on the CRM other than what is expressly allowed for Student’s own personal use.
(b) Permit or provide others access to the CRM using Student’s user name and password or otherwise, or the name and password of another authorized user.
(c) Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the CRM.
(d) Violate or attempt to violate the CRM’s security mechanisms, or otherwise breach the security of the CRM or corrupt the CRM in any way. To ensure that users of the CRM do not engage in Prohibited Conduct, COLABERRY reserves the right to monitor use of the CRM and reserves the right to revoke or deny access to users whose usage behavior exceeds normal limits, suggesting Prohibited Conduct. The term “normal limits” shall be determined solely by COLABERRY.
(e) Use of any third party tools, scripts, or players to automate access to COLABERRY’s content is prohibited. The only allowed access mechanisms are via standard web browsers without any tools or add-ons on (a) any computer and (b) any standard lawfully allowed mobile devices and tablets or (c) via any mobile or PC application made available to Student by COLABERRY.
(f) Students shall not create, display, transmit, or make accessible threatening, racist, sexist, obscene, offensive, annoying or harassing language, e-mail messages, and/or material, including broadcasting unsolicited messages, sending unwanted e-mail, or impersonating other users.
(a) In consideration of Student being permitted to enroll in the program, Student hereby accept all risk to his/her injury or death that may result from such participation, including transportation and all other adjunct activities, and I hereby release COLABERRY, its governing board, officers, employees and representatives from any and all liability to Student, Student’s personal representatives, estate, heirs, next of kin, and assigns for any and all claims and causes of action for loss of or damage to Student’s property and for any and all illness or injury to Student’s person, including his/her death, that may result from or occur during Student’s participation in the program, whether caused by any type of negligence of COLABERRY, its governing board, officers, employees, or representatives, or otherwise.
(b) Student agree to indemnify, defend, and hold harmless COLABERRY and its directors, employees, licensors, independent contractors, providers, subsidiaries and affiliates (collectively, the “Affiliates”), from and against any and all liability and costs (including attorneys’ fees and costs) incurred by COLABERRY and/or the Affiliates in connection with any claim arising out of any breach by Student of any provision of these Terms.
(c) Student agree to cooperate as fully as reasonably required in the defense of any such claims. COLABERRY reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Student and Student shall not in any event settle any claim without the written consent of COLABERRY.
1.6 SCOPE AND NATURE OF TRAINING
Under the terms of this agreement COLABERRY agrees to provide training in the specific program student enrolled. No representations or promises of employment are made in this agreement. Furthermore, no representations or promises of further training beyond the duration of the program mentioned in the course description, have been made by COLABERRY to the Student.
The Student shall (a) abide by all safety rules and procedures of COLABERRY as explained and provided to Student; (b) comport all conduct to standards as required by COLABERRY; (c) exert best efforts in receiving training and cooperate with and follow the instructions of employees of COLABERRY who are strictly the confidences of COLABERRY, the customers of COLABERRY, all information or data received regarding COLABERRY, and any of its trade secrets or any other confidential business information received by the Student.
COLABERRY agrees to provide to the student training in the program during the term described in program details. COLABERRY does not promise the student any particular area of training and the type of training provided shall be at its sole discretion.
It is expressly understood and agreed between the parties that the Student is not an employee, agent or servant of COLABERRY for any specific duration or for any purpose and that the student has no expectation of future employment or further practical training with COLABERRY.
1.7 LIMITED WARRANTY
(a) THE CRM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, ABSENCE OF ANY VIRUSES OR CONTENT OF ANY INFORMATION, SOFTWARE, OR MATERIAL PROVIDED BY OR THROUGH THE CRM, AND WITHOUT ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CURRENCY, CORRECTNESS, OR VALIDITY OF ANY INFORMATION, SOFTWARE, MATERIAL OR CONTENT PROVIDED BY OR THROUGH THE CRM RESTS WITH THE USER.
(b) COLABERRY does not warrant that the content or functions of the CRM will meet Student’s requirements or that the operation of the CRM will be uninterrupted or error free.
(c) COLABERRY shall not be liable for any loss or injury arising out of or caused, in whole or in part, by any negligent acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating, or delivering information contained in the CRM.
(d) COLABERRY has no control over the content of websites, videos or other resources that may be linked to the CRM through hypertext links, and is not responsible for their content, software, or privacy practices. Those links are provided for Student’s convenience only and Student access them at Student’s own risk.
1.8 LIMITATIONS ON LIABILITY AND REMEDIES
(a) COLABERRY IS NOT AND SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM THE USE OR INABILITY TO USE THE CRM. THIS DISCLAIMER OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
(b) In no event shall COLABERRY be liable for any indirect, special, incidental, punitive, or consequential damages, including lost income or profits, arising out of the use or performance of the CRM, even if COLABERRY has been advised of the possibility of such damages.
COLABERRY may terminate the right of any user to access the CRM at any time, with or without cause, in COLABERRY’s absolute discretion and without notice. The recital in this Agreement of specific grounds for termination of a user’s right to access the CRM shall in no manner whatsoever limit COLABERRY’s absolute right to terminate any user’s access to the CRM under this paragraph.
1.10 MODIFICATION OF AGREEMENT OR SERVICE
(a) COLABERRY has the right to modify these Terms in any manner and at any time, without notice or liability. Any modification is effective immediately upon posting on the CRM. Student’s continued use of the CRM following any modification of these Terms means Student accept and agree to such modification(s). Student is expected to check this page on the CRM from time to time so Student are aware of any changes, as they are binding on Student. Student’s only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of COLABERRY in providing the CRM, is to cease use of the CRM.
(b) COLABERRY may at any time, without notice or liability, change or eliminate any content or feature of the CRM, or restrict the use of any portion of the CRM, including limiting the time of its availability, the amount of use permitted, or the persons who are permitted to use it. Student’s only right with respect to any dissatisfaction with any service related change or elimination is to cease use of the CRM. We will not be liable if for any reason all or any part of the CRM is unavailable at any time or for any reason.
1.11 FEES, REFUNDS & CANCELLATIONS
(a) Fees and Renewals
1) Program fee in full is due within 31 calendar days from the program start date, whether student pay the program fee in single payment or multiple payments.
2) COLABERRY may charge a processing fee of $51.00 if program fee is paid in multiple payments.
COLABERRY may refund the program fee paid, after subtracting a processing fee of $51.00, if student wishes to cancel enrollment from the program within 15 calendar days from the program start date.
Program fee is not refundable after 15 calendar days from the program start date, irrespective of the joining date of a student to the program.
Student is allowed to cancel or withdraw from the program at any time during the program by providing a written request to firstname.lastname@example.org. As per the Refund policy stated above, a refund may be provided.
1) If Student is dissatisfied for any reason with the program, Student’s sole right and exclusive remedy is to terminate cancel Student’s enrollment.
2) COLABERRY may terminate the enrollment and these Terms if payment is not received within 31 days from the program start date, irrespective of student join date.
3) Access to the CRM under these Terms is granted only upon payment of the program fees.
1.12 TALENT RELEASE
Student hereby grant to COLABERRY, its subsidiaries, licensees, successors and assigns, the right to record, use, publish, and reproduce, for all purposes, student name, Student generated content (including but not limited to assignments, surveys, audio, videos, mock interviews, presentations, demonstrations, documents, messages in discussion boards, messages in chat systems), pictures in film or electronic (video) form, sound and video recordings of student’s voice, and printed and electronic copy of the information in any and all media including, without limitation, cable and broadcast television and the Internet, and for exhibition, distribution, promotion, advertising, sale, press conferences, meetings, hearings, educational conferences and in brochures and other print media. This permission extends to all languages, media, formats and markets now known or hereafter devised. This permission shall continue forever.
Student further grant COLABERRY all right, title, and interest that Student may have in all finished pictures, video, audio, negatives, reproductions, and copies of the original print, and further grant COLABERRY the right to give, sell, transfer, and exhibit the print in copies or facsimiles thereof, for marketing, communications, or advertising purposes, as it deems fit.
Student hereby waive the right to receive any payment for signing this release and waive the right to receive any payment for COLABERRY’s use of any of the material described above for any of the purposes authorized by this release. Student also waive any right to inspect or approve finished photographs, audio, video, multimedia, or advertising recordings and copy or printed matter or computer generated scanned image and other electronic media that may be used in conjunction therewith or to approve the eventual use that it might be applied.
(a) Failure by COLABERRY to enforce any provision(s) of these Terms shall not be construed as a waiver of any provision or right.
(b) These Terms, and all other aspects of Student’s use of the CRM, shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws rules. No action of any kind or nature arising out of these Terms, or out of any use of the CRM, may be brought by either COLABERRY or Student more than one year after the date on which the cause of action first arises. Student agree to submit to the exclusive jurisdiction of, the state and federal courts sitting in Dallas County, State of Texas, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce any claim arising under these Terms, the prevailing party will be entitled to costs and attorneys’ fees.
(c) These Terms constitute the entire agreement between Student and COLABERRY with respect to the CRM and supersedes all prior agreements or understandings between Student and COLABERRY with respect thereto.
COLABERRY and Student hereby acknowledge receipt of a copy of this agreement. By requesting an enrollment or requesting for an account, Student hereby accepts the terms of this agreement. Student also acknowledges that this agreement does not confer any duty owed to Student by COLABERRY and is in no way a guarantee of employment.
1.14 DRESS CODE AND HYGIENE
Students are not allowed without shoes and shirts in any COLABERRY facilities or facilities procured by COLABERRY to offer its programs. Underclothing must not be visible.
Students’ overall personal appearance must reflect cleanliness and good grooming. If a student’s dress or hygiene interferes with the learning process, the student’s instructor will counsel the student and at COLABERRY discretion may remove from classroom. Students in violation of dress policies may be subject to corrective action, including removal from the setting.
1.15 SMOKING/USE OF TOBACCO PRODUCTS
Students, visitors or any other persons in classrooms or in COLABERRY facilities are NOT permitted to smoke or use tobacco products. Tobacco products include cigarettes, e-cigarettes, vaporizers, cigars, blunts, pipes, smokeless tobacco products and any other items containing or intended to mimic tobacco products.
Any person that violates these terms may be removed from class rooms and facilities and at COLABERRY discretion, may cancel the enrollment.
1.16 DRUG AND ALCOHOL POLICY
No student shall distribute, dispense, possess, use, or be under the influence of any alcoholic beverage, malt beverage, or fortified wine or other intoxicating liquor; or unlawfully manufacture, distribute, dispense, possess, or use or be under the influence of any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, anabolic steroid, or any other controlled substance in classrooms or in COLABERRY facilities.
Any person that violates these terms may be removed from class rooms and facilities and at COLABERRY discretion, may cancel the enrollment.
1.17 NON-DISCRIMINATION POLICY
COLABERRY is committed to the principle of equal opportunity in education and opportunity. COLABERRY prohibits discrimination against and harassment of any student, trainee, employee, applicant for employment, third party or community member because of race; color; national or ethnic origin; age; religion; disability; sex; sexual orientation; gender; gender identity and expression; including a transgender identity; genetics; veteran status; retaliation; and any other characteristic protected under applicable federal or state law.
Any violations must be reported immediately to HR@colaberry.com.
CONFIDENTIALITY AND NON-DISCLOSURE
(A) COLABERRY INFORMATION
(i) COLABERRY, upon the Student’s enrollment to a program, will make available to student Confidential Information of COLABERRY that will enable student to learn contents of the program. In exchange, Student agree to use such Confidential Information solely for the personal use and learning. Notwithstanding the preceding sentence, Student agree that upon the completion of the program, COLABERRY shall have no obligation to provide or otherwise make available to me any of its Confidential Information or other learning materials. Student understands that “Confidential Information” means any COLABERRY proprietary information, technical data, trade secrets or know-how, including, but not limited to, research, contracts, product plans, products, services, methodologies, practices, business workflows, training brochures, training material, lesson plans, samples, templates, documents, software code, pictures, video and audio recordings, lists of students, lists of trainees, list of recruiters, customer lists and customers (including, but not limited to, customers of COLABERRY that Student may have access to as part of the program), markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed to me by COLABERRY either directly or indirectly in writing, orally or by drawings or observation of parts or equipment. Student further understand that Confidential Information does not include any of the foregoing items which has become publicly known and made generally available through no wrongful act or omission of mine or of others who were under confidentiality obligations as to the item or items involved or improvements or new versions thereof.
(ii) Student agree at all times during the term of program and thereafter, to hold in strictest confidence, and not to use, except for the exclusive benefit of COLABERRY, or to disclose to any person, firm or corporation without written authorization of the Board of Directors of COLABERRY, any Confidential Information of COLABERRY.
(B) THIRD PARTY INFORMATION
Student recognize that COLABERRY has received and in the future will receive from third parties their confidential or proprietary information subject to a duty on COLABERRY’s part to maintain the confidentiality of such information and to use it only for certain limited purposes. I agree to hold all such confidential or proprietary information in the strictest confidence and not to disclose it to any person, firm or corporation or to use it except as necessary as part of the program consistent with COLABERRY’s agreement with such third party.