Legal and Privacy Statement
1. ACCEPTANCE OF TERMS OF USE FOR THIS
WEBSITE
1.1 YOU MUST READ THESE EC-Council WEBSITE TERMS OF USE ("TERMS")
CAREFULLY.
EC-Council AND ITS AFFILIATES ("EC-Council") PROVIDE THIS WEBSITE TO
YOU, YOUR EMPLOYEES, AGENTS, AND CONTRACTORS, AND ANY OTHER ENTITY
ON WHOSE BEHALF YOU ACCEPT THESE TERMS (COLLECTIVELY "YOU"), SUBJECT
TO THESE TERMS. THESE TERMS ARE ENTERED INTO BY AND BETWEEN
EC-Council AND YOU, AND YOU ACCEPT THEM BY: (a) PLACING AN ORDER
THROUGH THIS WEBSITE; (b) USING THE WEBSITE IN ANY OTHER MANNER;
AND/OR (c) ACKNOWLEDGING AGREEMENT WITH THESE TERMS. IF YOU DO NOT
AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
1.2 This website ("Website") and other on-line services accessible
via the Website (collectively the "Services"); (b) information such
as technical, contractual, product, program, pricing, marketing, and
other valuable information ("Information"); and (c) content such as
data, text, software, music, sound, photographs, graphics, video,
messages, or other materials ("Content"). EC-Council controls and
operates its websites from various locations and makes no
representation that this Website is appropriate or available for use
in all locations. EC-Council products and services may not be
available in Your location, and deliverables may vary among
locations. If You are using the Website on behalf of Your employer,
You represent and warrant that You are authorized to accept these
Terms on Your employer's behalf, and that Your employer agrees to
indemnify You and EC-Council for violations of these Terms. In
addition to the Terms and unless otherwise noted, the standard
EC-Council terms and conditions of sale in your jurisdiction govern
purchases You make through the Website, unless You have in effect a
separate valid written purchase or license agreement with EC-Council
for that product or service, in which case that separate agreement
governs, and in cases of conflict, prevails.
2. YOUR OBLIGATIONS AND CONDUCT
2.1 In consideration of Your use of the Website, You agree to: (a)
provide accurate, current, and complete information about You as may
be prompted by a registration form on the Website (the "Registration
Data"); (b) maintain the security of your password and
identification; (c) maintain and promptly update the Registration
Data, and any information You provide to EC-Council, to keep it
accurate, current and complete; and (d) accept all risks of
unauthorized access to information and Registration Data. You have
sole responsibility for adequate protection and backup of data
and/or equipment used in connection with the Website.
2.2 You are entirely responsible for all Content that You upload,
post or otherwise transmit via the Website. You agree not to upload,
post or otherwise transmit via the Website Content that: (a) is
inaccurate, harmful, obscene, pornographic, defamatory, racist,
violent, offensive, harassing, or otherwise objectionable to
EC-Council or other users of the Website; (b) includes unauthorized
disclosure of personal information; (c) violates or infringes
anyone's intellectual property rights; or (d) contains software
viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment. EC-Council
reserves the right to edit or remove Content that violates these
Terms or that contains third-party commercial advertisements.
2.3 You agree that You will not use the Website to: (a) transmit
spam, bulk or unsolicited communications; (b) pretend to be
EC-Council or someone else, or spoof EC-Council's or someone else's
identity; (c) forge headers or otherwise manipulate identifiers
(including URLs) in order to disguise the origin of any Content
transmitted through the Services; (d) misrepresent your affiliation
with a person or entity; (e) disrupt the normal flow of dialogue or
otherwise act in a manner that negatively affects other users'
ability to use the Website; (f) engage in activities that would
violate any fiduciary relationship, any applicable local, state,
national or international law, or any regulations having the force
of law, including but not limited to attempting to compromise the
security of any networked account or site, operating an illegal
lottery or gambling operation, stalking, or making threats of harm;
or (g) collect or store personal data about other users unless
specifically authorized by such users.
3. CONFIDENTIALITY OF EC-Council INFORMATION
3.1 You may obtain direct access via the Website to certain
confidential information of EC-Council and its suppliers, including
without limitation technical, contractual, product, program,
pricing, marketing and other valuable information that should
reasonably be understood as confidential ("Confidential
Information"). You must hold Confidential Information in strict
confidence. Title to Confidential Information remains with
EC-Council and its suppliers.
3.2 Your obligations regarding Confidential Information expire five
(5) years after the date of disclosure. Upon termination of the
Terms or EC-Council's written request, You must cease use of
Confidential Information and return or destroy it.
3.3 The Terms impose no obligation upon You with respect to
Confidential Information that You can establish by legally
sufficient evidence: (a) You possessed prior to Your receipt from
EC-Council, without an obligation to maintain its confidentiality;
(b) is or becomes generally known to the public through no act or
omission by You, or otherwise without violation of the Terms; (c)
You obtained from a third party who had the right to disclose it,
without an obligation to keep such information confidential; (d) You
independently developed without the use of Confidential Information
and without the participation of individuals who have had access to
it, or (e) in response to a valid order by a court or other
governmental body, as otherwise required by law, or as necessary to
establish the rights of either party under these Terms and as
disclosed after prior notice to EC-Council adequate to afford
EC-Council the opportunity to object to the disclosure.
4. CONTENT SUBMITTED TO EC-Council
4.1 EC-Council does not claim ownership of the Content You place on
the Website and shall have no obligation of any kind with respect to
such Content. Unless otherwise stated herein, or in EC-Council's
Privacy Policy, any Content You provide in connection with this
Website shall be deemed to be provided on a nonconfidential basis.
EC-Council shall be free to use or disseminate such Content on an
unrestricted basis for any purpose, and You grant EC-Council and all
other users of the Website an irrevocable, worldwide, royalty-free,
nonexclusive license to use, reproduce, modify, distribute,
transmit, display, perform, adapt, resell and publish such Content
(including in digital form). You represent and warrant that you have
proper authorization for the worldwide transfer and processing among
EC-Council, its affiliates, and third-party providers of any
information that You may provide on the Website.
4.2 EC-Council does not routinely monitor Content, but EC-Council
and its designees reserve the right to monitor, restrict access to,
edit or remove any Content that is available via the Website.
5. DELIVERY OF E-MAIL
EC-Council will attempt to deliver all of the e-mail that is
addressed to Your e-mail address on EC-Council's Services. However,
the nature of e-mail is such that EC-Council cannot guarantee
delivery of such e-mail.
6. INDEMNITY
You agree to indemnify and hold EC-Council and its subsidiaries,
affiliates, shareholders, officers, directors, agents, licensors,
suppliers, alliance members, other partners, employees and
representatives harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or
arising out of Your Content, Your use of or connection to the
Website (including any use by You on behalf of Your employer), Your
violation of the Terms, or Your violation of any rights of another.
7. NOTICES; MODIFICATION AND TERMINATION OF SERVICES; AMENDMENT OF
TERMS
EC-Council may provide notice to You via email, regular mail, or
posting notices or links to notices on the Website. EC-Council
reserves the right at any time to modify, suspend or terminate the
Services (or any part thereof), and/or Your use of or access to
them, with or without notice. EC-Council may also delete, or bar
access to or use of, all related Information and files. EC-Council
will not be liable to You or any third-party for any modification,
suspension, or termination of the Services, or loss of related
information. EC-Council may amend these Terms at any time by posting
the amended terms on this Website.
8. ADVERTISEMENTS AND PROMOTIONS
EC-Council runs advertisements and promotions from third parties on
the Website. Your correspondence or business dealings with, or
participation in promotions of, advertisers other than EC-Council
found on or through the Website, including payment and delivery of
related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are
solely between You and such advertiser. EC-Council is not
responsible or liable for any loss or damage of any sort incurred as
the result of any such dealings or as the result of the presence of
such non-EC-Council advertisers on the Website.
9. CONTENT PROVIDED VIA LINKS
9.1 You may find links to other Internet sites or resources on the
Website. You acknowledge and agree that EC-Council is not
responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable for
any content, advertising, products, or other materials on or
available from such sites or resources. EC-Council will not be
responsible or liable, directly or indirectly, for any actual or
alleged damage or loss caused by or in connection with use of or
reliance on any such content, goods or services available on or
through any such site or resource.
9.2 Reuters content on the Website is the intellectual property of
Reuters Limited. Any copying, republication or redistribution of
Reuters content, including by caching, framing, or similar means, is
expressly prohibited without the prior written consent of Reuters.
Data is provided for information purposes only, and is not intended
for trading purposes. Reuters shall not be liable for any errors or
delays in content, or for any actions taken in reliance thereon.
Reuters, the Reuters Dotted Logo and the Sphere Logo are registered
trademarks of the Reuters group of companies around the world.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 Except as expressly authorized by EC-Council or by Content
providers, You agree not to reproduce, modify, rent, lease, loan,
sell, distribute, mirror, frame, republish, download, transmit, or
create derivative works of the Content of others, in whole or in
part, by any means. You must not modify, decompile, or reverse
engineer any software EC-Council discloses to You, and You must not
remove or modify any copyright or trademark notice, or other notice
of ownership.
10.2 "EC-Council Trademarks" means all names, marks, brands, logos,
designs, trade dress, slogans and other designations EC-Council uses
in connection with its products and services. You agree to comply
with the EC-Council Trademark and Logo Usage Requirements. You may
not remove or alter any EC-Council Trademarks, or co-brand your own
products or material with EC-Council Trademarks, without
EC-Council's prior written consent. You acknowledge EC-Council's
rights in EC-Council Trademarks and agree that any use of EC-Council
Trademarks by You shall inure to EC-Council's sole benefit. You
agree not to incorporate any EC-Council Trademarks into Your
trademarks, service marks, company names, Internet addresses, domain
names, or any other similar designations, for use on or in
connection with computer or Internet-related products, services or
technologies.
10.3 EC-Council is committed to respecting others' intellectual
property rights, and we ask our users to do the same. If You believe
that Your work has been copied in a way that constitutes copyright
infringement on our Website, please contact us at
info@eccouncil.org.
10.4 Unless explicitly stated herein, nothing in these Terms shall
be construed as conferring any license to intellectual property
rights, whether by estoppel, implication, or otherwise. Permission
is granted to display, copy, distribute and download Content owned
by EC-Council on this Website provided that: (a) the copyright
notice pertaining to the Content remains, and a permission notice
(e.g., "Used with permission") is added to such Content; (b) the use
of such Content is solely for personal and non-commercial use; (c)
such Content will not be copied or posted on any networked computer
or published in any medium, except as explicitly permitted by valid
permission or license covering such materials; and (d) no
modifications are made to such Content. This permission terminates
automatically without notice if You breach any of the terms or
conditions in this Section 10.4. Upon termination, You must
immediately destroy any downloaded and/or printed Content.
11. DISCLAIMER OF WARRANTIES
11.1 YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK UNLESS OTHERWISE
EXPLICITLY STATED. THE WEBSITE, INCLUDING THE INFORMATION, SERVICES
AND CONTENT (AS DEFINED IN SECTION 1.2) IS PROVIDED ON AN "AS IS"
"AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. EC-Council DISCLAIMS ALL
EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF
ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF
MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NONINFRINGEMENT. EC-Council MAKES NO REPRESENTATIONS,
WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY,
SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE.
11.2 EC-Council MAKES NO WARRANTY OR REPRESENTATION THAT: (a) THE
WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b)
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE
ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES,
CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM
THE WEBSITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY
ERRORS IN THE WEBSITE WILL BE CORRECTED.
11.3 YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE
WEBSITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
12. LIMITATION OF LIABILITY
12.1 TO THE FULL EXTENT PERMITTED BY LAW, EC-Council IS NOT LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION,
LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA,
ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE)
ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, EVEN IF EC-Council
HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN,
THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN
BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING
WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY
TO USE THE WEBSITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO, THROUGH OR FROM THE WEBSITE; (c) STATEMENTS OR CONDUCT OF ANY
THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION
UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA,
MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS;
OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR
DISTRIBUTE.
12.2 TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE
EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY.
13. EC-Council's PRIVACY POLICY
You consent to the collection, processing and storage by EC-Council
of Your personal information in accordance with the terms of
EC-Council's Privacy Policy. You agree to comply with all applicable
laws and regulations, and the terms of EC-Council's Privacy Policy,
with respect to any access, use and/or submission by You of any
personal information in connection with this Website.
14. GENERAL TERMS
14.1 The Terms constitute the entire agreement between You and
EC-Council relating to their subject matter, and cancel and
supersede any prior versions of the Terms. No modification to the
Terms will be binding, unless in writing and signed by an authorized
EC-Council representative. You must not assign or otherwise transfer
the Terms or any right granted hereunder. You also may be subject to
additional terms and conditions that may apply when You use
EC-Council or third-party products or services.
14.2 You agree that any material breach of Sections 2, 3, 4, 6, and
10 of the Terms will result in irreparable harm to EC-Council for
which damages would be an inadequate remedy and, therefore, in
addition to its rights and remedies otherwise available at law,
EC-Council will be entitled to equitable relief, including both a
preliminary and permanent injunction, if such a breach occurs. You
waive any requirement for the posting of a bond or other security if
EC-Council seeks such an injunction.
14.3 The law of the State of New Mexico , City of Albuquerque and
controlling U.S. federal law govern any action related to the Terms
and/or Your use of the Website. Choice of law rules of any
jurisdiction and the United Nations Convention on Contracts for the
International Sale of Goods will not apply to any dispute under the
Terms. You and International Council of Electronic Commerce
Consultants agree to submit to the personal and exclusive
jurisdiction of the of the State of New Mexico, and the laws, rules
and regulations of the City of Albuquerque.
14.4 Services, Content, and product derived or obtained from this
Website may be subject to the U.S. export laws and the export or
import laws of other countries. You agree to comply strictly with
all such laws and, in particular, shall: (a) obtain any export,
reexport, or import authorizations required by U.S. or your local
laws; (b) not use Services, Content, or direct product from this
Website to design, develop or produce missile, chemical/biological,
or nuclear weaponry; and (c) not provide Services, Content, or
direct product from this Website to prohibited countries and
entities identified in the U.S. export regulations.
14.5 Rights and obligations under the Terms which by their nature
should survive will remain in full effect after termination or
expiration of the Terms.
14.6 The Website may contain forward-looking statements within the
meaning of the Private Securities Litigation Reform Act of 1995.
Such forward-looking statements may include statements regarding
market expectations and opportunities, expectations about
financials, research and development and strategies, statements
concerning EC-Council's roadmaps, market share growth, and product
and service development and introduction, and our continuous
evaluation of the competitiveness of our product and service
offerings. These forward-looking statements are just predictions and
involve risks and uncertainties. Actual results may differ
materially from results discussed in the forward-looking statements.
Factors that may cause such a difference include risks related to
adverse changes in general economic conditions, failure to reduce
costs, lack of success in technical advancements, the timely
development, production and acceptance of new products and services,
and EC-Council's ability to compete in a highly competitive and
rapidly changing marketplace. For a detailed listing of the
potential factors affecting EC-Council's business and these
forward-looking statements, please refer to EC-Council's periodic
reports on Forms 10-Q and 10-K that are filed with the Securities
and Exchange Commission.
14.7 Any express waiver or failure to exercise promptly any right
under the Terms will not create a continuing waiver or any
expectation of non-enforcement. If any provision of the Terms is
held invalid by any law or regulation of any government, or by any
court or arbitrator, the parties agree that such provision will be
replaced with a new provision that accomplishes the original
business purpose, and the other provisions of the Terms will remain
in full force and effect.