DevOps Institute Terms & Conditions
Welcome to the DevOps Institute, Inc. (“DevOps Institute,” “we,” or “us”) website at https://www.devopsinstitute.com and https://skilupit.thinkific.com/ (collectively, the “Site”). Please read these Terms and Conditions (these “Terms”) carefully because they govern your use of the Site and related products and services accessible via our Site including the online learning content and SKILup IT Learning platform and subscription. To make these Terms easier to read, the Site and our products and services are collectively called the “Products.”
By using our Products, you agree to be bound by these Terms and all other applicable terms and conditions, operating rules, policies, and procedures that are communicated from time to time on or through the Site. If you do not agree to these Terms, do not use the Products. If you are accessing and using the Products on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.
THESE TERMS ARE SUBJECT TO CHANGE FROM TIME TO TIME IN DEVOPS INSTITUTE’S SOLE DISCRETION. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS FROM TIME TO TIME. IF YOU CONTINUE TO USE THE PRODUCTS AFTER WE HAVE POSTED MODIFIED TERMS ON THE SITE, YOU ARE INDICATING TO US THAT YOU AGREE TO BE BOUND BY THE MODIFIED TERMS.
- GLOBAL LEARNING COMMUNITY
DevOps Institute is a global learning community that empowers the people who power IT – helping IT professionals develop both the professional and personal expertise to make the most of DevOps in both their business and their career.
Focused exclusively on all things DevOps, we offer IT professionals – at all levels – deep practical knowledge, a welcoming network of industry leaders, respected certification programs, and insider events.
- REGISTRATION AND SECURITY
In order to receive access to certain Products and features, you must register for the Products and pay any applicable fees. You must complete the registration process by providing DevOps Institute with current, complete and accurate information as prompted by the registration form, including your name, e-mail address, username and password. We develop, distribute and maintain the Products and will also provide you with login details. You agree that you will not share these log-in details with anyone and that you will notify us immediately of any unauthorized use of your log-in. You are responsible for all activities that occur under your account, whether you know about them or not. We will also manage your access to the Products and provide support to you, where necessary.
- INTELLECTUAL PROPERTY RIGHTS
DevOps Institute and its licensors exclusively own all right, title and interest in and to the Products, including all intellectual property rights therein. You acknowledge that the Products are protected by copyright, trademark, and other intellectual property and proprietary laws of the United States and foreign jurisdictions. You agree not to remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Products.
Subject to your compliance with these Terms, DevOps Institute grants you a limited, revocable, non-exclusive, non-sublicensable and non-transferable license to access and use the Products solely for non-commercial purposes and as permitted by these Terms. This license is personal to you and cannot be shared or exchanged with others.
You may use the Products only for lawful purposes and in accordance with these Terms. You agree not to do any of the following:
- Copy, modify, transmit, publish, resell, distribute or in any way exploit the Products or any other copyrighted materials contained therein except as expressly permitted by these Terms or with DevOps Institute’s prior written consent;
- Attempt to probe, scan, or test the vulnerability of any DevOps Institute system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by DevOps Institute or any of DevOps Institute’s providers or any other third party (including another user) to protect the Products;
- Use the Products for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
We have the right to investigate violations of these Terms or conduct that affects the Products. We may terminate or suspend your access to all or part of the Products for any or no reason, including without limitation, any violation of these Terms.
- ACCESS TO THE PRODUCTS
For Products that require payment, you will receive access to such Products upon the date of purchase. It is your responsibility to ensure that all course content has been completed within the time purchased. If you do not think this will be possible, then extensions of time may be available for purchase at an additional cost.
We will take all commercially reasonable steps to provide you with uninterrupted access to the Products. However, your access may be restricted from time to time for reasons beyond our control. Such reasons include force majeure events, power outages and actions from computer hackers and others acting outside the law. Your access may also be interrupted due to software issues, server downtime, increased Internet traffic, programming errors, regular maintenance by the platform provider and other related reasons. Where this is the case, we will take commercially reasonable steps to work with the platform provider to restore your full access within a reasonable period of time.
Our joint aim is to provide courses and materials of the highest quality. As such, improvements or changes to the Products or any other materials contained therein may occur at any time without prior notification to you in order to ensure that they are up to date and accurate.
- PRICING AND PAYMENT
You agree to pay all applicable fees related to the Products. Payment of the fees shall be in the stipulated currency and you will be responsible for paying any relevant conversion charges. You must provide payment in full to DevOps Institute in order for you to receive access to the purchased Products.
Your payment includes the licensing of the Products for a limited period of time that is appropriate for the Product. We are unable to provide a refund once you have purchased a Product, including if you fail to complete the content within the allocated time.
We reserve the right to review and change the pricing of any of our Products. Any changes to our pricing will not affect pricing of the Products that you have already purchased.
- USER CONTRIBUTIONS
The Site may contain forums and other interactive features that allow users to post, submit, publish, display, or transmit to other users or persons content or materials (collectively, “User Contributions”) on or through the Site.
Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not DevOps Institute, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible or liable to you or any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.
DevOps Institute may, in our sole discretion, remove any User Contributions for any or no reason.
- THIRD PARTY CONTENT
Through the Products, you may have the ability to access and/or use content provided by instructors, other users, and/or other third parties and links to websites and services maintained by third parties. DevOps Institute cannot guarantee that such third party content, in the Products or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. DevOps Institute disclaims any responsibility or liability related to your access or use of, or inability to access and use, such third party content. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources.
- MODIFYING AND TERMINATING OUR SERVICES
We are constantly changing and improving our Products. We may add or remove functions, features, or requirements, and we may suspend or stop access to part or all of our Products altogether. If DevOps Institute discontinues your access or modifies the Products in a manner that materially decreases the quality of the Products, we may, in our sole discretion, provide you with an alternative Product of similar quality or terminate your access to the Products subject to a refund of any prepaid, unused fees. We may further terminate your use of any Product in accordance with our Cancellation Policy below. We may not be able to deliver the Products to certain regions or countries for various reasons, including due to applicable export control requirements or internet access limitations and restrictions from governments. DevOps Institute, its content providers and instructors, its contributors, sponsors, and other business partners, and their employees, contractors, and other agents shall not have any liability to you for any of the foregoing.
- CANCELLATION POLICY
DevOps Institute will not issue refunds should you choose to cancel your registration or purchase of a Product. If you wish to cancel your registration, please contact us via email at [email protected] and we will remove your registration from the platform. It is your responsibility to ensure that you meet the system requirements, including compatible hardware, software, telecommunications equipment and Internet service, prior to purchasing any Products. We are unable to provide refunds where your access to the Products is inhibited due to insufficient system requirements.
Further, we may restrict or cancel your access to the Products if you breach these Terms, including without limitation:
- Failure to make any payment due to us; or
- Failure to provide accurate information that is necessary for us to provide the Products to you; or
- Unauthorized sharing or access of your login credentials or account.
In these circumstances, we may inform you in writing that your access to the Products will be restricted or canceled.
THE PRODUCTS AND ALL INCLUDED CONTENT ARE PROVIDED ON AN ““AS IS”“ BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. DEVOPS INSTITUTE DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NEITHER DEVOPS INSTITUTE NOR ANY PERSON ASSOCIATED WITH DEVOPS INSTITUTE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, ACCURACY OR AVAILABILITY OF THE PRODUCTS, INCLUDING THAT THE PRODUCTS WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PRODUCTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT ANY SERVICES OR INFORMATION OBTAINED THROUGH THE PRODUCTS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. DEVOPS INSTITUTE FURTHER DISCLAIMS ANY AND ALL LIABILITY RELATED TO YOUR ACCESS, RELIANCE OR USE OF THE PRODUCTS OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE PRODUCTS OR SUCH CONTENT IS AT YOUR OWN RISK.
- LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DEVOPS INSTITUTE 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, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THIRD PARTY CONTENT OR FROM THE USE OF OR INABILITY TO USE THE PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHER LEGAL THEORY, AND WHETHER OR NOT DEVOPS INSTITUTE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL DEVOPS INSTITUTE’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PRODUCTS EXCEED THE GREATER OF THE TOTAL FEES PAID BY YOU TO DEVOPS INSTITUTE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR ONE HUNDRED DOLLARS ($100.00). YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND DEVOPS INSTITUTE, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO DEVOPS INSTITUTE’’S ABILITY TO MAKE THE PRODUCTS AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.
You agree to indemnify, defend, and hold harmless DevOps Institute from any and all claims, liabilities, expenses, and damages, including reasonable attorneys’’ fees and costs, made by any third party related to: (a) your use or attempted use of the Products in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) the content you provide to us including, without limitation, any claim of infringement or misappropriation of intellectual property or other proprietary rights.
- GOVERNING LAW AND JURISDICTION
You agree that any dispute related to these Terms will be governed by the laws of the State of Florida, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of an exclusive venue in the federal and state courts located in and serving Boca Raton, Florida as the legal forum for any such dispute.
- GENERAL TERMS
These Terms constitute the entire and exclusive understanding and agreement between DevOps Institute and you regarding the Products, and these Terms supersede and replace any and all prior oral or written understandings or agreements between DevOps Institute and you regarding the Products. These terms control the relationship between DevOps Institute and you. They do not create any third party beneficiary rights. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. These Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by DevOps Institute under these Terms, including those regarding modifications to these Terms, will be given by DevOps Institute: (i) via email; or (ii) by posting to the Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
DevOp Institute’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of DevOps Institute. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
DevOps Institute welcomes feedback, comments and suggestions for improvements to the Products (“Feedback”). You can submit Feedback by emailing DevOps Institute at [email protected]. Any Feedback you provide related to the Products shall be deemed to be non-confidential. DevOps Institute shall be free to use such information on an unrestricted basis without any payment or obligation to you.
- CONTACT INFORMATION
If you have any questions about these Terms or the Products, please contact DevOps Institute at [email protected].