Last Update: Jan 01st 2019
AGREEMENT BETWEEN USER AND EC-COUNCIL
Welcome to EC-Council. EC-Council International Limited (“EC-Council”), and/or its affiliates or subsidiaries, including but not limited to the International Council of Electronic Commerce Consultants provide website features (EC-Council Website) and other products and services to you when you visit or shop at EC-Council, use EC-Council products or services, use EC-Council applications, or use software provided by EC-Council in connection with any of the foregoing (collectively, “EC-Council Services”). The EC-Council Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the EC-Council Website constitutes your agreement to all such terms, conditions, and notices.
EC-Council Web-site and Services may include: (a) your use and submission of data, text, audio, video, images, software (including machine images), or other materials (collectively, “Customer Content”) in connection with the EC-Council Web-site and/or Services; and (b) the use of various tools, websites, electronic media and services EC-Council may provide to you in connection with the EC-Council Web-site and/or Services (collectively, the “EC-Council Tools”). If you are entering into this Agreement for a commercial entity, government institution, or any other entity (“Entity”), such as the company or educational institution you work for, you represent that you have legal authority to bind that Entity.
|China, Switzerland, and all countries in the European Economic Area (excluding Portugal)||16|
|Algeria, Lebanon, and Portugal||18|
|All other countries||14|
When you use EC-Council Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other EC-Council Services, such as our Message Centre, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
USE OF COMMUNICATION SERVICES
The EC-Council Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
EC-Council has no obligation to monitor the Communication Services. However, EC-Council reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. EC-Council reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
EC-Council reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in EC-Council’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. EC-Council does not control or endorse the Customer Content, messages or information found in any Communication Service and, therefore, EC-Council specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized EC-Council spokespersons, and their views do not necessarily reflect those of EC-Council.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
INTELLECTUAL PROPERTY COMPLAINTS
EC-Council respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
All content included in or made available through any EC-Council Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of EC-Council or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any EC-Council Service is the exclusive property of EC-Council and protected by U.S. and international copyright laws.
All contents of the EC-Council Website are: Copyright 2019 by EC-Council and/or its suppliers. All rights reserved.
Click HERE to see a non-exhaustive list of EC-Council trademarks. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any EC-Council Service are trademarks or trade dress of EC-Council in the U.S. and other countries. EC-Council’s trademarks and trade dress may not be used in connection with any product or service that is not EC-Council’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits EC-Council. All other trademarks not owned by EC-Council that appear in any EC-Council Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by EC-Council.
The names of actual companies and products mentioned in our websites and electronic assets may be the trademarks of their respective owners.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent ([email protected]).
ANY NOTIFICATION THAT DOES NOT ADHERE TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
The written DMCA Notice must include the following:
Identification of the copyrighted work claimed to have been infringed
Identification of the material that is claimed to be infringing and information to reasonably locate the material (i.e., the URL of the webpage containing the material).
Contact information of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, such as an address, telephone number, and email address that can be used as a method of communication.
A statement that the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, in good faith, believe that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the person submitting the DMCA Notice is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
LINKS TO THIRD PARTY SITES
The EC-Council Website may contain links to other Website s (“Linked Sites”). The Linked Sites are not under the control of EC-Council and EC-Council is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. EC-Council is not responsible for webcasting or any other form of transmission received from any Linked Site. EC-Council is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by EC-Council of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the EC-Council Website, you warrant to EC-Council that you will not use the EC-Council Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the EC-Council Website in any manner which could damage, disable, overburden, or impair the EC-Council Website or interfere with any other party’s use and enjoyment of the EC-Council Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the EC-Council Website.
LICENSE AND ACCESS
You may need your own EC-Council account to use certain EC-Council Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Click here to manage your payment options. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. EC-Council sells products only to adults, who can purchase with a credit card or other permitted payment method. If you are not 18 years of age and/or within the specified age limit as mentioned under the relevant provisions i.e., “AGE AND PARENT/GUARDIAN CONSENT REQUIREMENTS”, you may use the EC-Council Website and Services only with involvement of a parent or guardian. EC-Council reserves the right to refuse service, terminate accounts, terminate your rights to use EC-Council Website and Services, remove or edit content, or cancel orders in its sole discretion.
MATERIALS PROVIDED TO EC-COUNCIL OR POSTED AT ANY EC-COUNCIL WEBSITE
Further, you agree that you will not submit any Customer Content or Submission that is illegal, obscene, sexually explicit, threatening, libellous, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not submit Customer Content or Submission containing official personal identification numbers or codes (such as social security number, driver’s license number, passport or national identification numbers, policy numbers, bank account numbers, etc.), or highly sensitive personal information not related to the EC-Council Services and/or Website (such as race, ethnicity, religion, religious/philosophical beliefs, political or union affiliation or opinions, medical or health information, sexual orientation, disability, etc.). You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the Submission or Customer Content. EC-Council reserves the right (but not the obligation) to remove or edit such Submission or Customer Content.
No compensation will be paid with respect to the use of your Submission or Customer Content, as provided herein. EC-Council is under no obligation to post or use any Submission or Customer Content you may provide and may remove any Submission or Customer Content at any time in EC-Council’s sole discretion.
Notwithstanding anything foregoing, you may opt to remove your Submission or Customer Content from the EC-Council Website at any time you wish.
DISCLAIMER REGARDING CUSTOMER CONTENT AND SUBMISSION
If you provide any suggested improvements to the EC-Council Service and/or Website, or any features, programs, or offerings offered through the Service or Website (“Suggestions”), EC-Council owns all right, title, and interest in and to these Suggestions, even if you have designated them as confidential, and EC-Council will be entitled to use the Suggestions without restriction. You hereby irrevocably assign to us all right, title, and interest in and to the Suggestions, and agree to provide us any assistance we may require to document, perfect, and maintain our rights in the Suggestions.
RISK OF LOSS
All purchases of physical items from EC-Council are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
EC-Council does not take title to returned items until the item arrives at our center. For more information about our returns and refunds, please see visit https://store.eccouncil.org/terms-and-conditions/
EC-Council attempts to be as accurate as possible. However, EC-Council does not warrant that product descriptions or other content of any EC-Council Service is accurate, complete, reliable, current, or error-free. If a product offered by EC-Council itself is not as described, your sole remedy is to return it in unused condition.
With respect to items sold by EC-Council, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by EC-Council is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
SANCTIONS AND EXPORT POLICY
You may not use EC-Council Website or any EC-Council Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using EC-Council Website or Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including EC-Council Software), technology, and services.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE EC-COUNCIL WEBSITE AND/OR EC-COUNCIL SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. EC-COUNCIL AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE EC-COUNCIL WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE EC-COUNCIL WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
EC-COUNCIL AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE EC-COUNCIL WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. EC-Council AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS, MAY NOT APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
SERVICE CONTACT: [email protected]
EC-Council reserves the right, in its sole discretion, to terminate your access to the EC-Council Website and EC-Council Service or any portion thereof at any time, without notice.
Use of the EC-Council Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.