Terms and Conditions
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Effective date:October 31, 2019
Children’s Privacy Notice: This Service is not intended to be used by children under the age of sixteen (16), and we do not knowingly collect or solicit personally identifiable information from children under 16. You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). If we learn we have collected personal information from a child under 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us personal information, please contact us at firstname.lastname@example.org.
2. Changes: We are constantly trying to improve our Services, so our Services may change over time and these Terms may need to change along with the Services. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We also reserve the right to change the Terms at any time, but if we do, we will place a notice on our Learndot portal, send an email to the email address provided to us, and/or by some other means. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
3. Your Account Registration: In accessing this Service or certain of the resources on the Service, you may be asked to provide registration details. It is a condition of use of this Service that all the details you provide will be correct, current, and complete. If we believe the details are not correct, current, or complete, we have the right to refuse you access to the Service or any of its resources. You will not share your account or password with anyone, and you must protect the security of your account and your password. You are responsible for any activity associated with your account.
We may terminate (or suspend access to) your use of and registration on the Service, at any time and for any reason (including your breach of these Terms), with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party. Cockroach Labs has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. Provisions that, by their nature, should survive termination of these Terms shall survive termination such provisions may include, but are not limited to, any obligation you have to pay us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.
4. Payment: The Services are currently free, but we reserve the right to charge for certain or all Services in the future. We will notify you before any Services you are then using begin carrying a fee and, if you wish to continue using such Services, you must pay all applicable fees for such Services.
5. Content Ownership: The Cockroach Labs materials displayed or performed or available on or through the Services is our “Content,” which includes, but is not limited to, any video, photos, images, illustrations, text, graphics, and so forth as we make available through the Learndot platform. With respect to such Content, Cockroach Labs owns all right, title, and interest, including any related patent rights, copyright rights, trade secret rights, mask work rights, trademark rights, and all other rights of any sort throughout the world. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of Cockroach Labs or (ii) in a way that violates Cockroach Labs’s rights. We reserve the right to remove any Content from the Services at any time, for any reason, in our sole discretion, and without notice. You also agree not to modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content. However, just because this functionality exists does not mean that all the restrictions above don’t apply – they do!
As a Learndot user, you may be able to upload your own text, images, audiovisual media, data, and other such material to the Learndot website or services (“User Content”). User Content shall be governed by the Learndot terms (https://www.learndot.com/legal/terms-and-conditions/).
Cockroach Labs has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Cockroach Labs will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of (i) the Learndot website, platform, and services, or (ii) any third party website or service.
7. Acceptable Use and Restrictions: You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law. Without limiting any other provision in these Terms, you represent, warrant, and agree not to do the following, or assist others to do the following:
- Infringe or violate the intellectual property rights or any other rights of Cockroach Labs; or remove or alter intellectual property or other legal notices;
- Violate any law or regulation, including, without limitation, any applicable export control laws;
- Violate any person’s or entity’s legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights;
- Post any comments or other material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable;
- Violate the security of any computer network, or cracks any passwords or security encryption codes;
- Transmit files that contain viruses, spyware, adware, or other harmful code;
- Run Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
- Remove, avoid, interfere with, or otherwise circumvent any access control measures for the Service, including password-protected areas and geo-filtering mechanisms, or any digital rights management measures used in connection with the Services;
- Access any portion of the Service that we have not authorized you to access (including password-protected areas), link to password-protected areas, attempt to access or use another user’s account or information, or allow anyone else to use your account or access credentials;
- Engage in unauthorized “spidering,” “scraping,” “crawling,” data mining, or harvesting of content presented in the Services, or use any other unauthorized automated means to gather data from or about the Service;
- Copy or store any significant portion of the Content;
- Frame our Content, make the Content available via in-line or “deep” links, otherwise display the Content in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between Cockroach Labs and any third party or potentially deprive us of revenue (including, without limitation, revenue from advertising, branding, or promotional activities);
- Disassemble, decompile or otherwise reverse engineer any software or other technology included in the Content or used to provide the Service;
- Interfere with others using the Service or otherwise disrupt the Service; or
- Transmit, collect, or access personally identifiable information about other users without the consent of those users and us.
If we believe you have violated this Section, we may immediately terminate your access to the Service, and take any other actions or seek any remedies permitted by law.
8. Disclaimer: Although Cockroach Labs has attempted to provide accurate information and content on the Services, Cockroach Labs assumes no responsibility for the availability, accuracy or completeness of such information and content. You access the Services at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. THE SERVICES AND CONTENT ARE PROVIDED BY COCKROACH LABS (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
If applicable law does not allow the exclusion of some or all of the above implied warranties to apply to you, the above exclusions will apply to you only to the extent permitted by applicable law. If there is a dispute between participants on this site or Services, or between users and any third party, you agree that we are under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Cockroach Labs and its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
9. Limitation of Liability: TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL COCKROACH LABS (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF ONE HUNDRED ($100) DOLLARS, OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
10. Miscellaneous: These Terms are governed by and will be construed under applicable federal law, and the laws of the State of New York, without regard to the conflicts of laws provisions thereof. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, in any way (by operation of law or otherwise) without Cockroach Labs’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that Cockroach Labs may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Cockroach Labs agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Cockroach Labs, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Cockroach Labs, and you do not have any authority of any kind to bind Cockroach Labs in any respect whatsoever.