C I L I C A LLC
Terms and Conditions
Introduction
C I L I C A LLC (“C I L I C A”) offers products and services. C I L I C A’s training and development services include a combination of one or more of the following: (1) design and development of hardware; (2) design and development of software; (3) design and development of websites; (4) design and development of telehealth and telemedicine applications; (5) design and development of mobile or connected applications such as smart homes, connected vehicles, automation; (6) design and development of services for green smart home applications and may include other training courses (collectively referred to as “SERVICES”) offered specifically to users registering for these SERVICES. The TERMS and CONDITIONS (“TERMS”) set forth herein is in regards to the use of C I L I C A SERVICES. C I L I C A SERVICES are governed by the following policies that include but are not limited to, PRIVACY POLICY, INTELECTUAL PROPERTY POLICY, LICENSING POLICY, PRICING POLICY, REFUND POLICY And other POLICIES that C I L I C A may introduce from time to time (together collectively referred to as “POLICIES”)
Using C I L I C A SERVICES
By contracting to use or by using any of the SERVICES offered by C I L I C A, You, the Company You represent or the Company that registered You (collectively referred to as “YOU”) agree to be bound by the TERMS set forth herewith. If YOU do not agree to all these TERMS, do not register for SERVICES and do not use the SERVICES offered by C I L I C A. YOU may use the SERVICES only if you agree to these TERMS, and all applicable laws, and form a binding contract with C I L I C A. Certain SERVICES may require additional terms and restrictions and shall be included in the service–specific terms. Acceptance of the binding contract by C I L I C A is conditioned upon your agreeing to all these TERMS and to the exclusion of all other terms.
Subject to these TERMS, POLICIES and other training–specific eligibility requirements, YOU are granted a limited, personal, non–exclusive, non–transferable, and revocable license to use the SERVICES. C I L I C A may provide and share information, documents, processes, methodologies (collectively referred to as “MATERIAL”) required to effectively deliver the SERVICES. MATERIAL also includes the TERMS, POLICIES and other correspondence communicated with YOU. YOU may use MATERIAL downloaded or received in physical or electronic form from C I L I C A only for your personal, non–commercial use. YOU agree that you will not share information obtained from C I L I C A with any third party without prior written permission from C I L I C A.
Using C I L I C A does not give you ownership of any intellectual property rights to our SERVICES or the content you are given access to. All of your use and other activities relating to the SERVICES must be in compliance with all applicable laws and regulations including not limited to, laws relating to intellectual property and copyright use. By agreeing to these terms you agree to resolve disputes with C I L I C A through binding arbitration and not in court.
Nothing in these TERMS or otherwise establishes any relationship between you and any company or companies, educational institutions (collectively referred to as “PARTNERS”) with whom C I L I C A may have affiliations and YOU agree to compliance of intellectual property and copyright use of those PARTNERS. YOU agree to grant C I L I C A a royalty–free, sub–licensable, fully–transferable, exclusive, worldwide license to copy, distribute, modify, create derivative works based on the products and services created or developed as part of the C I L I C A training course and SERVICES.
C I L I C A offers SERVICES for a fee, and reserves the right to change any fees at any time at its sole discretion. Any change, update or modifications will be effective upon notification via applicable and established communication methods. All fees including applicable taxes are quoted in U.S. Dollars, and payments in other currencies may include additional local applicable taxes and charges incurred in conversion to U.S. Dollars. You are responsible for paying all fees and applicable taxes and charges in a timely manner. Refunds may be available as described in C I L I C A REFUND POLICY.
Updates, modifications and termination of services
Nothing in these terms preclude C I L I C A from adding, removing, updating, modifying, suspending or stopping any functionality, features or requirements (collectively refered to as “FEATURES”) of the SERVICES. You may be eligible for a refund as prescribed in our refund policy, if a SERVICE is terminated. No PARTNERS and their employees or contractors with whom C I L I C A is affilated with shall have ANY liability to you for changes to any FEATURES of any SERVICE.
Disclaimers
C I L I C A SERVICES, and the included MATERIAL are provided to YOU on an “as is” basis without warranty on any kind, whether express or implied. CILICADMEY and its PARTNERS disclaim all liability related to your use of the SERVICES or any related use. CILICADMEY and its PARTNERS specifically disclaim any and all warranties and conditions of fitness of the SERVICE for any specific purpose and non–infringement, and any warranties arising out of SERVICE delivery or usage for merchantability or trade. YOU acknowledge and agree that any access to or use of the SERVICES or related MATERIAL is at your own risk.
Limitation of Liability
To the extent permitted by law, C I L I C A and its PARTNERS shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:(1) your use of or inability to use the SERVICES; (2) any conduct or MATERIAL of any party other than C I L I C A and it’s PARTNERS, including without limitation, any defamatory, offensive, or illegal conduct; or (3) unauthorized access, use, or alteration of your content, data or information. Under no circumstances or any in event shall C I L I C A’s aggregate liability for all claims related to the offered services exceed twenty U.S. Dollars (US$50) or the total amount of fees paid by YOU to C I L I C A for the SERVICES during the past six months, whichever is greater. YOU acknowledge and agree that the disclaimers and the limitations of liability set forth in this terms of use reflect a reasonable and fair allocation of risk between you and C I L I C A and its PARTNERS, and that these limitations are an essential basis for C I L I C A to efficiently offer the SERVICES. YOU agree that any cause of action related to the SERVICES must commence within six months after the cause of action occurs, and otherwise such cause of action is automatically permanently dismissed.
Indemnification
YOU agree to indemnify, defend, and hold harmless C I L I C A and its PARTNERS from any and all claims, liabilities, expenses, and damages, including reasonable attorneys’ fees and costs, made by any third party related to: (1) your use or attempted use of the SERVICES in violation of these TERMS; or (2) your violation of any law or rights of any third party including without any limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
Governing Law and Jurisdiction
C I L I C A is registered in Texas. YOU agree that the laws of the STATE of TEXAS, USA, excluding its conflicts of laws provisions, will govern any dispute related to these TERMS. YOU further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Collin County, Texas as the legal forum for any such dispute. Excluding claims for injunctive or other equitable relief, for claims related to the SERVICES where the total amount sought is less that ten thousand U.S. Dollars (US $10,000), either YOU or C I L I C A may elect at any point during the dispute to resolve the claim through binding, non–appearance–based arbitration. The dispute will then be resolved using an established alternative dispute resolution provider (referred to as “ADRP”) mutually agreed upon by YOU and C I L I C A (collectively referred to as “PARTIES”). The PARTIES and the selected ADRP shall not involve any personal appearance by the PARTIES or witnesses, unless otherwise mutually agreed by the PARTIES; rather, the arbitration shall be conducted, at the option of the party seeking relief, online, by telephone, or via written submissions alone. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.
General Terms
Revisions to the Terms
C I L I C A reserves the right to revise the TERMS at its sole discretion. Any revisions to the TERMS will be effective upon notification via applicable and established communication methods. For any material changes to the TERMS, C I L I C A will take reasonable steps to notify YOU of such changes. In all cases, your continued use of the SERVICES after notification of such changes constitutes binding acceptance of the revised TERMS.
Severability; Waiver
If it turns out that a particular provision of these TERMS is not enforceable, this will not affect any other provisions of these TERMS. If YOU do not comply with these TERMS, and C I L I C A does not take immediate action, this does indicate that C I L I C A relinquishes any rights and may take action in the future.
Partners
C I L I C A PARTNERS are third party beneficiaries of the TERMS and may enforce those provisions of the TERMS that relate to them.
Policies referenced in Terms and Conditions
PRIVACY POLICY
The purpose of this Privacy Policy is to describe how C I L I C A LLC (“C I L I C A“, us,” “we,” or “our“) collects, uses and shares information about you. Please read this notice carefully to understand what we do. C I L I C A SERVICES can be used without revealing any personal information, though for features or customized–services related to the course development, personal information may be required. If you do not use these specific features or services, then only “Non–Personal Information” is collected (i.e., information that cannot be used to identify you). Personally Identifiable Information can include information such as your name and email address, among other things. You are responsible for ensuring the accuracy of the Personally Identifiable Information you submit to C I L I C A.
You agree that you understand that by submitting any Personally Identifiable Information to C I L I C A, you consent and agree that we may collect, use and disclose such Personally Identifiable Information in accordance with this Privacy Policy and the TERMS, and as permitted or required by law. If you do not agree with these terms, then please do not provide any Personally Identifiable Information to us. If you refuse or withdraw your consent, or if you choose not to provide us with any required Personally Identifiable Information, we may not be able to provide you with the SERVICES that are offered by C I L I C A.
Except as set forth in this Privacy Policy or as specifically agreed to by you, C I L I C A will not disclose any Personally Identifiable Information we gather from you. We may use it for research and business purposes, including improving and customizing the SERVICES we offer. When you send us an email message or otherwise contact us, we may use the information provided by you to respond to your communication and/or as described in this Privacy Policy. We may also archive this information and/or use it for future communications with you.
For your convenience C I L I C A may provide links to sites operated by organizations other than C I L I C A (“Third Party Sites“) that we believe may be of value to you. We do not disclose your Personally Identifiable Information to these Third Party Sites. We do not endorse and are not responsible for the privacy practices of these Third Party Sites. If you choose to click on a link to one of these Third Party Sites, you should review the privacy policy posted on the other site to understand how that Third Party Site collects and uses your Personally Identifiable Information.
C I L I C A considers the confidentiality and security of your information to be of the utmost importance. We will use industry standard physical, technical and administrative security measures to keep your Personally Identifiable Information confidential and secure and will not share it with third parties, except as otherwise provided in this Privacy Policy, or unless we have good faith belief that such disclosure is necessary in special cases, such as a physical threat to you or others. Because the Internet is not a 100% secure environment we cannot guarantee the security of Personally Identifiable Information, and there is some risk that an unauthorized third party may find a way to circumvent our security systems or that transmission of your information over the Internet will be intercepted. It is your responsibility to protect the security of your login information. Please note that e–mails and other communications you send to us are not encrypted.
INTELLECTUAL PROPERTY POLICY
C I L I C A respects the intellectual property rights of our PARTNERS, instructors, and other third parties and expects our users to do the same when using the SERVICES. C I L I C A reserves the right to suspend, disable, or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights, trademarks, or other intellectual property rights of others. The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. The DMCA, can be found at the U.S. Copyright Office website, http://www.copyright.gov/legislation/dmca.pdf.
If you believe in good faith that MATERIALS provided as part of the SERVICES offering infringe your copyright, the DCMA provides that the owner of an exclusive right that is allegedly infringed (“OWNER”), or authorized representative of the OWNER (“AGENT”) may send C I L I C A a written notice requesting that the MATERIALS be removed or access to it blocked.
The notice must include the following information:
identification of the MATERIAL or MATERIALS that is claimed to be infringing or the subject of infringing activity
identification of the copyrighted work or works claimed to have been infringed
the name, address, telephone number, and email address of the OWNER and a statement from the OWNER indicating that the use of the MATERIAL is not authorized by the OWNER, its AGENT or the law and must include a physical or electronic signature of the AGENT, or the OWNER. The notice shall also include a statement that the information in the notice is accurate and, under penalty of perjury, that the AGENT is authorized to act on behalf of the OWNER.
Notices must meet the then–current statutory requirements imposed by the DMCA. Notices and counter–notices with respect to the Services can be sent via email to info@C I L I C A.com. We suggest that you consult your legal advisor before filing a notice. Also, be aware that there can be penalties for false claims under the DMCA.
LICENSING POLICY
C I L I C A grants YOU a limited, non–exclusive, non–transferable license to access and use MATERIAL, for which You have paid all required fees, solely for Your personal, non–commercial, educational purposes, in accordance with these TERMS and any additional conditions or restrictions associated with any particular SERVICES. All other uses are prohibited absent an explicit written consent from C I L I C A. YOU may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any content or information shared with YOU during the course of the training, unless YOU have obtained explicit permission from C I L I C A to do so. C I L I C A MATERIAL is licensed, and not sold, to you. Mentors and instructors may not grant you license rights to information shared during the training YOU obtain or acquire through the SERVICES and any such direct license shall be null and void and a violation of these TERMS.
PRICING POLICY
C I L I C A offers training courses catering to specific user communities based on the achievement goals and skillsets. As such C I L I C A reserves the right to set the price for SERVICES based on requirements, specifications and deliverables of each SERVICE. The fees for SERVICES will be communicated during the registration process and prior to the commencement of the SERVICE.
REFUND POLICY
C I L I C A will offer you a complete refund if you cancel your paid enrollment for a course, until 30 days after payment, or until the completion of the SERVICE, whichever is earlier. If you pre–enroll and pay for a SERVICE, C I L I C A will offer you a complete refund until 30 days after the commencement of the SERVICES or until the completion of the SERVICE, whichever is earlier.