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
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
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.
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
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.
User has attended a boot camp than this subscription is NOT transferrable.
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
4.1 CLIPP USE. By
registering or using QuickStart’s CLIPP you agree to be bounds by the terms of
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
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.
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
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.
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
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.
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
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.
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
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
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
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
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
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
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.
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
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
19.1 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
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
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:
QuickStart to you via e-mail to the e-mail address you provided when
registering for QuickStart Products.
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
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
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
19.9 JOB PLACEMENT
does not guarantee job placement upon program/course completion or upon
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.
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 WorkForce Products,
WorkForce 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 WorkForce may have under trade secret,
copyright, patent, or other laws that may be available to it.
19.13 CHANGE IN TERMS. WorkForce reserves the right to change or modify forms of documents,
policies and/or terms at WorkForce’s sole discretion and at any time. Any such
change or modification will be effective immediately upon posting to WorkForce’s
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]
WorkForce Learning, Inc. All Rights Reserved.
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