ONTAP 9

1.   INTRODUCTION

Please read these Terms and Conditions (“Agreement”) before using QuickStart Learning, Inc. (“QuickStart”) products or services. This Agreement is between QuickStart and the individual who is viewing this online agreement ("End User", "you" or "your").

Before accessing the QuickStart products and services, which contain QuickStart content and content supplied to QuickStart by third parties, along with associated documentation, media, and "online" or electronic documentation, and other content and updates (collectively, the "QuickStart Products"), you must agree to the terms and conditions contained herein. Upon your acceptance of the terms and conditions, which is deemed given upon your initial use of the QuickStart Products, you have entered into a subscription agreement, a confidentiality agreement, a purchase agreement and QuickStart also grants you a license to use and access the QuickStart Products based on the terms and conditions contained herein. 

BY ACCESSING THE QUICKSTART PRODUCTS, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY IT. IF YOU DO NOT AGREE TO ANY OF THE TERMS YOU MAY NOT ACCESS THE QUICKSTART PRODUCTS. YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS IS AN INTEGRAL PART  OF THE CONTRACTUAL CONSIDERATION GIVEN BY YOU TO QUICKSTART IN EXCHANGE FOR ACCESS TO THE QUICKSTART PRODUCTS.

2.    ACCESS OF QUICKSTART WEBSITE

By accessing the QuickStart Products you acknowledge that you have read this Agreement, understand it, and agree to be bound by it.

3.   QUICKSTART SUBSCRIPTION USAGE POLICY AND CANCELLATION 

3.1 MASTER, IT MASTER AND MASTER PLUS SUBSCRIPTION. The Master and Master Plus subscriptions are only available to corporate and government employees. Subscribers may only sign up for the Master and Master Plus subscription using their corporate or government email address. “Corporate” employees are employees of any company with a minimum of 10 full time employees on its company payroll. ”Government” employees are employees of any federal, state or local governmental branch, department or agency.

3.2 TECHNOLOGY COMPANY OFFICIAL SELF-PACED COURSES. Depending on the subscription service you are signed up for you can get access to official self-paced courses provided by technology companies such as MOC On-Demand provided by Microsoft, Cisco Digital Learning Library provided by Cisco.  For these courses, at any given point in time, End User will have access to only one (1) course. End User will have to complete the already issued technology company official self-paced course, before enrolling in and starting a new technology company official self-paced course.

3.3 SHARE POLICY. QuickStart will conduct regular audits to ensure that the subscription services (for example, VILT, MOC On-Demand and other on-demand courses) are only being used by End User. If it is identified that others are using the subscription besides you, QuickStart reserves the right to withdraw the subscription services and refund the outstanding amount based on number of months left.

3.4 CLASS CANCELLATIONS FOR SUBSCRIPTION. You may cancel a live class without a cancellation fee up to fifteen (15) days prior to the class start date. If you cancel the class less than fifteen (15) days prior to the class start date, then QuickStart will fine you 25% of the total subscription value and you will not able to take another course until the fine is paid. QuickStart asks that you notify us as soon as possible if you need to cancel a class. (Effective January 1, 2019)

3.5 NO-SHOW POLICY FOR SUBSCRIPTION COURSES. Each course has a limited number of seats and by registering for a course you prevent another subscriber from attending that same course. A failure to attend a scheduled class will be considered a “NO SHOW” and will result in a penalty of 25% of the total subscription value and you will not be able to take another course until the fine is paid. (Effective January 1, 2019)

3.6 PAYMENT METHOD FOR MASTER SUBSCRIPTION AND MASTER PLUS SUBSCRIPTION. “Payment method” means the individual payment method or the business payment method, as applicable.

a. Payment by Credit Card. Payment for your subscription may be made via credit card. You will provide the sales rep with your payment information and authorize Quickstart to charge your card for your subscription.

b. Payment by Purchase Order. Payment may be made by purchase order on a standard term of net 30 days.

c. Payment by Direct Deposit.  Payment may be made by direct deposit, the QuickStart account information will be provided to you by our sales rep.

d. Payment for Master subscription by using SATVs. Payment may be made for your Master subscription through SATV* (Software Assurance Training Voucher). You will be informed of the number of SATVs that will be needed for this payment method by your sales representative.

e. Payment for Master Plus subscription by using CLCs. Payment may be made for Master Plus subscription through CLC** (Cisco Learning Credits). ). You will be informed of the number of CLCs that will be needed for this payment method by your sales representative.

*Each SATV training voucher needs to be redeemed before the expiry of the voucher. If the voucher has expired before the commencement of a class than you will be responsible for making the payment using other means.

**Each CLC training voucher needs to be redeemed before the expiry of the voucher. If the voucher has expired before the commencement of a class than you will be responsible for making the payment using other means.

3.7 AUTOMATIC RENEWAL (Does not Apply to Government Employees). By registering for a subscription plan and providing us with your billing information, you authorize and grant the right to QuickStart to process payment for your subscription via the payment information you provided during checkout. YOU UNDERSTAND AND AGREE THAT AT THE END OF YOUR SUBSCRIPTION TERM, WE WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION AGREEMENT FOR THE SAME LENGTH OF TERM AND PROCESS YOUR PAYMENT USING THE PAYMENT INFORMATION PROVIDED TO US AT THE THEN-APPLICABLE PRICE OF THE SUBSCRIPTION AGREEMENT.

3.8 REFUND POLICY.  Refund within 30 days from day of purchase if you have not utilized your subscription.  

3.9 FREE TRIAL (For online customers).  Your subscription may begin with a free trial. The length of your free trial will be set during your checkout, however we reserve the right, in our absolute discretion, to determine your eligibility for a free trial. As a free trial user, you acknowledge and agree that your use and access is subject to these Terms and Conditions.

3.10 Transfer of Subscription: This Agreement and Master Subscription is transferable to another User at the same corporation one time only, only if the original User has not taken more than one (1) MOC ondemand courses or more than one (1) VILT/ILT.

If a User has attended a boot camp than this subscription is NOT transferrable.

4.  CLIPP PLATFORM.  CLIPP (Cognitive Learning IT Project Performance) platform helps turn training into a high impact personalized and customized learning experience. The platform enables live classes in a virtual environment, and supports multimodal learning delivery, virtual labs, self-paced courses, tracks informal learning to complement official courseware, mentor support, prescriptive & predictive analytics, and more.  The platform is ideal for IT managers looking to train and increase engagement level of their teams to impact their project goals & objectives. It gives them insights into each learner’s progress and training preferences and gives them the ability to enroll their team members into different courses. It can import any third-party content to provide a manager’s IT team a consistent learning experience.

4.1 CLIPP USE. By registering or using QuickStart’s CLIPP you agree to be bounds by the terms of this Agreement.

4.2 LICENSE. Subject to all the terms and conditions contained in this Agreement, you have free access to a limited, non-exclusive, revocable license to access and use the CLIPP platform.

The CLIPP software is licensed, not sold. Unless we notify you otherwise, the software license ends when your subscription ends. You must then discontinue use of the platform and uninstall or delete any CLIPP software that was downloaded during and pursuant to your subscription.

4.3 CLIPP LICENSE FOR ORGANIZATION. If you are using CLIPP on behalf of an organization or more than one organization, you are agreeing to this Agreement for each such organization and warranting and representing to QuickStart that you have the authority to bind each such organization to this Agreement.

4.4 SUSPENSION OF USE OF CLIPP PLATFORM. We reserve the right, to temporarily suspend or terminate your access to the CLIPP platform at any time in our sole discretion, with or without cause, with or without notice, and without incurring liability of any kind. For example, we may suspend or terminate your access to or use CLIPP for: (a) the actual or suspected violation of this Agreement; (b) the use of the CLIPP platform in a manner that may cause QuickStart to have legal liability or disrupt others' use of CLIPP; (c) the suspicion or detection of any malicious code, virus or other harmful code introduced by you or in your account; (d) scheduled downtime and recurring downtime; (e) use of excessive storage capacity, APIs, or bandwidth; or (f) unplanned technical problems and outages. If, in QuickStart’s determination, the suspension might be indefinite and/or QuickStart has elected to terminate your access to the CLIPP platform, QuickStart will use commercially reasonable efforts to notify you through the platform and/or by email to the email address associated with your account. You acknowledge that if your access to the CLIPP platform is suspended or terminated, you may no longer have access to the content that is stored with the CLIPP platform

5.  VOLUME PURCHASE AGREEMENT (VPA). QuickStart’s Volume Purchase Agreement (VPA) is a pre-pay training program designed to provide tiered discounting, easy administration and twelve (12) months of training flexibility. 

5.1 VPA DOLLAR. VPA dollar values can be redeemed for all eligible classes at the tier discount agreed to at registration.

5.2 PREPAYMENT. The VPA training special is offered on a prepayment basis only. Payment is due upon receipt of invoice.  Payment must be received in full before any course enrollments are allowed.

5.3 COURSE CANCELLATION. If you are a VPA client and you cancel a course with less than ten (10) business days’ prior notice, the tiered discount amount entered under the VPA will be redeemed. 

5.4 In addition to this Agreement, if you are a VPA client, you agree to abide by all other QuickStart policies, terms and conditions as outlined or expressed in our VPA, collateral and proposals.

5.5 STATEMENT. If you are a VPA client, upon your request, QuickStart will provide a VPA statement of classes attended via e-mail.

5.6 COMMUNICATION. If you are a VPA client, all communications relating to the VPA will be sent via e-mail to the e-mail address specified on the VPA. You agree to notify QuickStart via e-mail of any changes in your e-mail address.

5.7 VPA TERM. VPA pre-paid training is valid for twelve (12) months from the date the VPA is signed.

5.8 PRE-PAID CREDIT EXPIRATION. Any VPA pre-paid training credit remaining at the expiration date of the VPA will be forfeited unless the VPA is renewed in accordance with section 5.9. Credits associated with the VPA program have no cash value.

5.9 RENEWAL

If you are a VPA client and you renew your current VPA by purchasing a new VPA prior to the expiration date, then you are entitled to apply any unused credit in the current VPA to the new VPA, up to a maximum amount of 10% of the total amount purchased at the beginning of the year.

Example 1: If you purchased a VPA for $72,000 and you have $10,000 left at the end of the year, only $7,200 can be transferred to the following year if the VPA is renewed.

Example 2: If you purchased a VPA for $72,000 and you have $5,000 left at the end of the year, a maximum of $5,000 can be transferred to the following year if the VPA is renewed.

5.10 PURCHASE OF VPA. If you are a VPA client, you may purchase VPA dollars through the following means: purchase order on a standard net 30 days term, credit card or direct deposit.

6.  PRIVATE EVENTS. QuickStart offers instructor-led private classes at different onsite locations.

6.1 If you register for private classes with QuickStart, you agree to the terms and conditions of this Agreement.

6.2 SOW. A Statement of Work (SOW) will be provided to you upon registering for a private class. You will agree to the Statement  of Work provided in addition to the terms and conditions of this Agreement.

6.3 Cancellation/ Reschedule Policy. You will be subject to the following cancellation provisions upon your cancellation of a private class unless stated otherwise in the SOW:

1. If the private class is cancelled within ten (10) business days prior to the class start date, you will be liable for 100% of the total minimum event cost.

2. If this private class is cancelled more than ten (10) business days but less than fifteen (15) business days before the class start date, you will be liable for 50% of the total minimum event costs.

3. If this private class is cancelled after the signing of the SOW and more than fifteen (15) business day before the class start date, you will be responsible for all reasonable event related costs incurred by QuickStart, including, but not limited to: non-refundable travel costs, courseware customization, courseware ordered, products ordered.

(Effective January 1, 2019)

6.4 PAYMENT FOR PRIVATE EVENTS. Payment for private classes may be made only through purchase order on a standard net 30 days term, credit card or direct deposit.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE QUICKSTART PRODUCTS TO ANY SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. 

7.    PROPRIETARY MATERIALS. 

7.1 QUICKSTART PRODUCTS. The QuickStart Products contain copyrighted materials, trademarks, proprietary and confidential information, and intellectual property of QuickStart, including but not limited to all copyrights, patents, patent applications, trade secret rights, trademarks, source code, text and any images, photographs, icons, graphics, animations, video, audio, music, and all other media incorporated into the QuickStart Products, all of which are the property of QuickStart or its licensor(s) and supplier(s) and are protected by U.S. and international copyright and other intellectual property laws and treaties. The QuickStart Products are licensed, not sold, to you for use only under the terms of this Agreement, and QuickStart reserves all rights not expressly granted to you. QuickStart and QuickStart Products referenced in the QuickStart Products are either trademarks or registered trademarks of QuickStart. Other product and company names mentioned in the QuickStart Products may be the trademarks of their respective owners. For clarification, you shall have no ownership or other right, title or interest in and to the QuickStart Products, including but not limited to all copyright, and trademark rights, except as provided herein, such rights have been expressly reserved by QuickStart.

7.2 RESERVATION OF RIGHTS. QuickStart reserves the intellectual property rights to proprietary QuickStart materials, other than as specifically granted under the applicable license granted to you under this Agreement. You may not sell, reproduce, distribute, modify, display, prepare derivative works based on, re-post or otherwise use any of QuickStart’s intellectual property in any way.

7.3 EQUITABLE RELIEF. You acknowledge that a breach of any proprietary rights described in this Agreement may cause QuickStart irreparable damage for which an award of damages would not be adequate compensation. You agree that QuickStart may institute an action to prevent you from any and all acts in violation of these provisions and QuickStart may seek an injunction preventing any breach or threatened breach of these provisions. You agree that you will be liable to QuickStart for any and all costs, expenses and damages incurred by QuickStart as a result of your infringement of QuickStart’s intellectual property rights in or to the QuickStart Products. 

8.    TERM. Your right to access the QuickStart Products pursuant to the terms and conditions of this Agreement begin on the start date agreed between you and QuickStart when you order the QuickStart Products or as indicated in your contract with QuickStart. This Agreement is deemed accepted by you and commences upon your using the QuickStart Products. The license granted to you pursuant to this Agreement will terminate on the earlier of the end of the last day that you are granted access to the particular QuickStart Products that you licensed, or the end of the term of the license set forth in your contract with QuickStart. You agree that the terms of this Agreement will survive termination of the license granted under this Agreement and expiration or termination of this Agreement. 

9.    TERMINATION. This Agreement will terminate immediately without notice to you if you breach any term or condition of this Agreement. QuickStart reserve the right to modify or terminate this Agreement, or any of its services and/or product offerings at any time without notice to you. You may terminate this Agreement at any time by notifying QuickStart in writing. Upon receipt of notice of termination, the license shall cease, and you shall promptly destroy, or return to QuickStart, any QuickStart Products in your possession or control. Further, in the event of a termination or expiration of any agreement between QuickStart and a third-party supplier of content, your right to access and use such content shall expire. 

10.    THIRD-PARTY SOURCES. You acknowledge that the QuickStart Products may incorporate information that is proprietary to one or more third party (ies). Such third party(ies) and QuickStart suppliers are third party beneficiaries of this Agreement with the authority to enforce those portions of this Agreement that are relevant to the agreements they have with QuickStart directly against you. 

11.    OPEN SOURCE SOFTWARE. Certain items of software distributed with the QuickStart Products are subject to the Lesser GNU General Public License ("LGPL"), Apache Public License, Mozilla Public License ("MPL"), BSD Public License, Zope Public License ("ZPL") and MIT Public License or other "open source" or "free software" licenses ("Open Source Software"). Some of the Open Source Software is owned by third parties. The Open Source Software is not subject to the terms and conditions of this Agreement. Instead, each item of Open Source Software is licensed under the terms of the end-user license that accompanies such Open Source Software. You agree to comply with the terms of the applicable Open Source Software licenses. Nothing in this document limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the Open Source Software.

12.    CONTENT MAINTAINED BY QUICKSTART. You acknowledge and agree that: (a) QuickStart may, from time to time, elect to update the QuickStart Products, but QuickStart does not warrant or guarantee that any QuickStart Products will be updated, or that any updates will be made available to you, at any time during the term of this Agreement; (b) QuickStart does not assume, and expressly disclaims, any obligation to obtain and include any information in the QuickStart Products; (c) QuickStart is not advocating the use of any product described in the QuickStart Products (or elsewhere), nor is QuickStart responsible for misuse of a product due to typographical or other errors in the QuickStart Products, your negligence or otherwise; (d) you agree to seek additional information on any product from the manufacturer; and (e) you will use the content included in the QuickStart Products only as a reference aid, and that such content is not intended to be (nor should it be used as) a substitute for the exercise of professional judgment. In view of the possibility of human error or changes in technology, you should confirm the content in the QuickStart Products through independent sources. 

13.    WARRANTY DISCLAIMER. THE QUICKSTART PRODUCTS ARE PROVIDED TO YOU "AS IS" AND "WITH ALL FAULTS." QUICKSTART AND ITS AFFILIATES, AGENTS, DISTRIBUTORS, SUPPLIERS AND LICENSORS: (A) CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR NON-INFRINGEMENT OF THE QUICKSTART PRODUCTS PROVIDED HEREUNDER OR THAT YOUR USE OF THE QUICKSTART PRODUCTS WILL BE ERROR-FREE OR UNINTERRUPTED, FREE FROM OTHER FAILURES OR WILL MEET YOUR REQUIREMENTS OR FUNCTION IN ACCORDANCE WITH RELATED DOCUMENTATION IN EVERY COMBINATION OF HARDWARE PLATFORM, SOFTWARE ENVIRONMENT AND PRODUCT CONFIGURATION; AND (B) EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, GUARANTEES, AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ANY USE OF THE QUICKSTART PRODUCTS IS ENTIRELY AT YOUR OWN RISK, INCLUDING THE RISK FOR SELECTING THE QUICKSTART PRODUCTS TO ACHIEVE YOUR INTENDED RESULTS AND PERFORMANCE, AND FOR INSTALLATION AND USE OF THE QUICKSTART PRODUCTS. 

14.    LIMITATION OF LIABILITY. EXCEPT WHERE THIS LIMITATION OF LIABILITY WOULD BE VOID OR INEFFECTIVE UNDER APPLICABLE STATUTE OR REGULATION, NEITHER QUICKSTART NOR ITS AFFILIATES, AGENTS, LICENSORS, DISTRIBUTORS OR SUPPLIERS SHALL BE LIABLE UNDER ANY CLAIM, DEMAND OR ACTION ARISING OUT OF OR RELATING TO YOUR USE OF THE QUICKSTART PRODUCTS, NOR QUICKSTART''S PERFORMANCE OF (OR FAILURE TO PERFORM) ANY OBLIGATION UNDER THIS AGREEMENT, NOR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHETHER BASED IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, DAMAGES DUE TO LOST PROFITS, LOST SAVINGS, BUSINESS INTERRUPTION COSTS, DAMAGES FROM LOSS OF BUSINESS INFORMATION OR OTHER DAMAGES CAUSED BY THE INABILITY TO USE THE QUICKSTART PRODUCTS, EVEN IF QUICKSTART, ITS AFFILIATES, AGENTS OR LICENSORS HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES WERE FORESEEABLE. QUICKSTART''S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE QUICKSTART PRODUCTS. THIS LIMITATION OF DAMAGES SET FORTH HEREIN CONSTITUTES A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN QUICKSTART AND YOU. 

15.  AUTHORITY. You and QuickStart each represent, warrant and covenant that it has the full capacity and authority to: (1) enter into this Agreement subject to these terms and conditions; (2) perform its obligations as stated herein and the performances of these obligations does not conflict with any other agreement (3) and that performance of these obligations does not violate any applicable laws.

16.  U. S. GOVERNMENT END USERS. If you are using or accessing the QuickStart Products and you are a government employee, then note that the QuickStart Products are a "commercial item" as that term is defined at FAR 2.101 (Oct 1995), consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212 (Sep 1995) and is provided to the U.S. Government only as a commercial end item. Consistent with FAR. 12.212 and DFARS 227.7202 (Jun 1995), all U.S. government end users acquire the QuickStart Products with only those rights set forth herein. Any use, modification, reproduction, release, performance, display, or disclosure of the QuickStart Products by the U.S. government shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement. 

17.  EXPORT LAW. The QuickStart Products and related technology are subject to U.S. export control laws and may be subject to export or import regulations in other countries. Unless specifically authorized in writing by QuickStart prior to any access, you agree not to export the QuickStart Products including but not limited to re-exporting the QuickStart Products, or any part thereof, or any process that is the direct product of the QuickStart Products, to any country, person, or entity in violation of U.S. export restrictions. In any case, you will indemnify and hold QuickStart harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorney’s fees) arising from or relating to any breach by you of your obligations under this paragraph. Your obligations under this paragraph will survive the expiration or termination of this Agreement. 

18   REFUND POLICY. The QuickStart refund policy is outlined below. (A different refund policy may apply to you if you are using the QuickStart Products subject to a contract between your organization and QuickStart or a QuickStart distributor. In that case you should contact the appropriate person within your organization to inquire about the refund policy that applies to you.) 

18.1 SELF PACE LEARNING. You will have access to your Self-Pace Learning course for a period of 12 months upon registration and payment.

Refund policy self-pace learning: You have the right to cancel your registration up to three (3) days after the date of purchase. Requests for cancellation must be made by contacting QuickStart by phone or e-mail. The request must be made prior to midnight (Central Standard Time) of the third calendar day from the date of purchase. QuickStart will not grant a refund under any of the following conditions: certificates issued, credits reported, course completed. 

If the course includes physical materials, you have the option to return the book(s) or keep them. If you keep the physical materials, you will have to pay for them. If returned, the physical materials must be returned to QuickStart at the student’s expense. Please include a note with the materials when contacting QuickStart to process the refund. Books must be returned in new condition or reimbursement will not be processed. Once the physical materials are received, the refund will be processed minus a $25.00 nonrefundable fee. All shipping charges are nonrefundable. 

18.2 CLASSROM AND VILT. Refund policy for classroom and Virtual Instructor Led Classes: You may cancel a live class without any cancellation fee up to fifteen (15) days prior to the class start date. If you cancel less than fifteen (15) days prior to the class start date, then QuickStart will charge you the full amount for the class. You will have the option to reschedule the class at no additional fee - on a space available basis only, if you reschedule the course fifteen (15) days prior to the class start date. If you are unable to reschedule the class or QuickStart no longer offers the class, no refund will be provided. QuickStart asks that you notify QuickStart as soon as possible if you need to reschedule a class.

18.3 ALL OTHER CANCELLATIONS OR RESCHEDULES. QuickStart assumes no liability for any non-refundable costs that you or QuickStart may incur on behalf of yourself for a class (for example, airfare or hotel). Any amount due to you from QuickStart will be refunded within thirty (30) business days. For All Cisco 360 Learning Program Courses, cancellations or reschedules made less than thirty (30) days prior to the class start date will result in forfeiture of 100% of the class tuition.

18.4 CLASS CANCELLATIONS FOR SUBSCRIPTION. See Section 3.4.

18.5 NO SHOW POLICY.  Failure by you to attend a scheduled class will be considered a “NO SHOW” and will result in your forfeiture of the full course price, including any incurred travel and/or lodging expenses. Your failure to cancel a hotel reservation made through QuickStart without written notice prior to the class start date will result in forfeiture of two (2) nights of the hotel charge. QuickStart, at its own discretion, may allow a no-show student to attend another session of the same or a lower priced course. (Effective January 1, 2019)

18.6 ENROLLMENT POLICY.  Class enrollments are accepted on a first pay first serve basis. A seat can be temporarily reserved using a signed and faxed copy of the enrollment agreement; however, QuickStart cannot guarantee a seat until QuickStart has received full payment. If you have not paid in full, you will not be admitted to the class

19.  GENERAL 

19.1 NON-WAIVER. The failure of either party to require strict performance by the other party of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself. 

19.2 SEVERABILITY. If any part of this Agreement is for any reason found to be unenforceable, all other parts nevertheless remain enforceable as long as a party's rights under this Agreement are not materially affected. In lieu of the unenforceable provision, the parties will substitute or add as part of this Agreement a provision that will be as similar as possible in economic and business objectives as was intended by the unenforceable provision. 

19.3 CHANGES TO COURSE OFFERINGS. QuickStart may from time to time and without notice, remove, add or modify courses offered to the subscription services, VPA services, the material available on QuickStart’s website, the QuickStart website itself, and to the QuickStart Products described on the website or any other agreement that you have with QuickStart.

19.4 GOVERNING LAW AND VENUE. This Agreement shall for all purposes be governed by and interpreted in accordance with the laws of the State of Texas as those laws are applied to contracts entered into and to be performed entirely in Texas by Texas residents. Any legal suit, action or proceeding arising out of or relating to this Agreement shall be commenced in a federal court in Texas or in state court in Travis County, Texas, and each party hereto irrevocably submits to the jurisdiction and venue of any such court in any such suit, action or proceeding and waives any right which it may have to transfer or change the venue of any such suit, action or proceeding, except that in connection with any suit, action or proceeding commenced in a state court, each party retains whatever right it may have to remove such suit, action or proceeding to federal court in Texas. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement. 

19.5 DISPUTE RESOLUTION. The parties agree to work towards resolving any disputes in good faith. Neither party may commence any action, legal or other, with the regard to such dispute until thirty (30) days have passed from the time that any party has provided written notice to the other party regarding the nature of such dispute, provided that nothing stated herein will prevent QuickStart from seeking injunctive relief in the event of an actual or threatened breach of this Agreement.

19.6 NOTICES. Any notices required under this Agreement will be provided as follows:

(a) By QuickStart to you via e-mail to the e-mail address you provided when registering for QuickStart Products. 

(b) By you to QuickStart by contacting in writing (i) First Level of Contact: Customer Service Department (ii) Second Level of Contact: Manager, Customer Service Department (iii) Top Level of Contact: Director, Sales and Customer Service Division, in each case addressed to QuickStart Learning, Inc. Westlake Oaks Executive Park, 1101 S. Capital of Texas Highway, Building J, Austin Texas 79746. Please provide a detailed explanation of your issues including contact information where you can be reached. You will be contacted to discuss an agreeable resolution. A different grievance procedure may apply to you if you are using the QuickStart Products subject to a contract between your organization and QuickStart or a QuickStart distributor. In that case you should contact the appropriate person within your organization to inquire about the grievance procedure that applies to you. 

19.7 ASSIGNMENT. Neither this Agreement nor any of your rights or obligations hereunder may be assigned by you in whole or in part without the prior written approval of QuickStart. Any assignment of rights or delegation of duties in derogation of the foregoing shall be null and void. 

19.8 COMPLETE AGREEMENT. This Agreement is the complete and exclusive statement of the agreement between QuickStart and you, which supersedes any proposal or prior agreement, oral or written, and any other communications between the parties in relation to the subject matter of this Agreement. This Agreement shall not be modified except by a subsequently dated written amendment signed by both parties by their duly authorized representatives. 

19.9 JOB PLACEMENT DISCLAIMER. QuickStart does not guarantee job placement upon program/course completion or upon graduation. 

19.10 PUBLICITY. This Agreement shall be treated as strictly confidential information in accordance with this Agreement. Any publicity or marketing material must receive approval from Licensee prior to any release; and such approval shall not be unreasonably conditioned, withheld or delayed. On completing a purchase or signing this Agreement, Licensee agrees to (i) be included in the list of customers on Licensor’s website, (ii) allow a mutually agreed upon press release at the purchase completion Agreement sign-off stage, (iii) participate in a publishable case-study upon or after “go-live” or purchase completion, and (iv) conduct a reasonable number of reference calls with Licensor’s potential prospects. Optionally, Licensee may agree to participate in speaking engagements in webinars and industry events at their discretion upon request. 

19.11 PRIVACY. QuickStart's current privacy policies, available at https://www.quickstart.com/privacy-and-policy/, are incorporated herein by reference. 

19.12 ACKNOWLEDGMENT. You acknowledge that, in providing you with the QuickStart Products, QuickStart has relied upon your consent to be bound by the terms of this Agreement. You further acknowledge that you have read, understand, and agree to be bound by the terms of this Agreement. This Agreement is not, however, intended to limit any rights that QuickStart may have under trade secret, copyright, patent, or other laws that may be available to it. 

19.13 CHANGE IN TERMS. QuickStart reserves the right to change or modify forms of documents, policies and/or terms at QuickStart’s sole discretion and at any time. Any such change or modification will be effective immediately upon posting to QuickStart’s website.

THE QUICKSTART PRODUCTS ARE PROTECTED BY UNITED STATES COPYRIGHT LAW AND INTERNATIONAL TREATIES. UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS SUBJECT TO CIVIL AND CRIMINAL PENALTIES. 

[END OF TERMS AND CONDITIONS]
QuickStart Learning, Inc. All Rights Reserved.