Terms and Conditions of Use

Cognitive Class Labs Cloud Agreement

Effective Date: May 15, 2018 Terms of Service

Welcome to Cognitive Class! Please read these Terms of Service (“TOS”) and the Cognitive Class Privacy Policy and Honor Code prior to registering or using any portion of the Cognitive Class website (the “Site,” which consists of all content and pages located within this web domain), including accessing any course material, discussion forums, or other electronic services. These TOS, the Privacy Policy and the Honor Code are agreements (the “Agreements”) between you and Cognitive Class. By using the Site, you accept and agree to be legally bound by the Agreements, whether or not you are a registered user. If you do not understand or do not wish to be bound by the terms of the Agreements, you should not use the Site.

Cognitive Class reserves the right to modify these TOS at any time without advance notice. Any changes to these TOS will be effective immediately upon posting on this page, with an updated effective date. By accessing the Site after any changes have been made, you signify your agreement on a prospective basis to the modified TOS and all of the changes. Be sure to return to this page periodically to ensure familiarity with the most current version of these TOS.

DESCRIPTION OF Cognitive Class

Cognitive Class is designed primarily as an educational resource. It is not intended to provide inclusive information. Cognitive Class offers online courses that include opportunities for professor-to-student and student-to-student interactivity, individual assessment of a student’s work and, for students who demonstrate their mastery of subjects, a certificate of completion, a badge, or other acknowledgment.

RULES FOR ONLINE CONDUCT

You agree that you are responsible for your own use of the Site and for your User Postings. “User Postings” include all content submitted, posted, published or distributed on the Site by you or other users of the Site, including but not limited to all forum posts, wiki edits, notes, questions, comments, videos and file uploads. You agree that you will use the Site in compliance with these TOS, the Honor Code and all applicable local, state, national and international laws, rules and regulations, including copyright laws, any laws regarding the transmission of technical data exported from your country of residence, and all Canada and United States export control laws.

As a condition of your use of the Cognitive Class services, you will not use the Site in any manner intended to damage, disable, overburden or impair any Cognitive Class server or the network(s) connected to any Cognitive Class server or to interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to any Cognitive Class server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information stored on the Site, its servers or associated computers through any means not intentionally made available through the Site.

THE FOLLOWING LIST OF ITEMS IS STRICTLY PROHIBITED ON THE SITE:

Furthermore, you agree not to scrape, or otherwise download in bulk, any Site content, including but not limited to a list or directory of users on the system, on-line textbooks, User Postings or user information. You agree not to misrepresent or attempt to misrepresent your identity while using the Site (although you are welcome and encouraged to use an anonymous username in the forums and to act in a manner that keeps your identity concealed).

USER ACCOUNTS AND AUTHORITY

In order to participate fully in Site activities, you must provide your name, an email address and a user password in order to create a user account (“User Account”). You agree that you will never divulge or share access or access information for your User Account with any third party for any reason. In setting up your User Account, you may be prompted to enter additional optional information (e.g., your address). You represent that all information provided by you is accurate and current. You agree to maintain and update your information to keep it accurate and current.

We care about the confidentiality and security of your personal information. Please see our Privacy Policy for more information about what information about you Cognitive Class collects and how Cognitive Class uses that information.

YOUR RIGHT TO USE CONTENT ON THE SITE

Unless indicated as being in the public domain, the content on the Site is protected by United States and foreign copyright laws. Unless otherwise expressly stated on the Site, the texts, exams, video, images and other instructional materials provided with the courses offered on this Site are for your personal use in connection with those courses only.

Certain reference documents, digital textbooks, articles and other information on the Site are used with the permission of third parties, and use of that information is subject to certain rules and conditions, which will be posted along with the information. By using this Site you agree to abide by all such rules and conditions.

You agree to retain all copyright and other notices on any content you obtain from the Site. All rights in the Site and its content, if not expressly granted, are reserved.

USER POSTINGS

User Postings Representations and Warranties. By submitting or distributing your User Postings, you affirm, represent and warrant (1) that you have the necessary rights, licenses, consents and/or permissions to reproduce and publish the User Postings and to authorize Cognitive Class and its users to reproduce, modify, publish and otherwise use and distribute your User Postings in a manner consistent with the licenses granted by you below, and (2) that neither your submission of your User Postings nor the exercise of the licenses granted below will infringe or violate the rights of any third party. You, and not Cognitive Class, are solely responsible for your User Postings and the consequences of posting or publishing them.

License Grant to Cognitive Class . By submitting or distributing your User Postings, you hereby grant to Cognitive Class a worldwide, non-exclusive, transferable, assignable, sub licensable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, modify, distribute, re-distribute, relicense and otherwise use, make available and exploit your User Postings, in whole or in part, in any form and in any media formats and through any media channels (now known or hereafter developed).

License Grant to Cognitive Class Users. By submitting or distributing your User Postings, you hereby grant to each user of the Site a non-exclusive license to access and use your User Postings in connection with their use of the Site for their own personal purposes.

COMPLETION CERTIFICATES, ETC.

Generally, Cognitive Class and the other institutions providing courses on the Site (collectively, the “Members”) may offer a certificate of completion or other acknowledgment (a “Certificate”) for students who, in their judgment, have satisfactorily demonstrated mastery of the course material. Certificates will be issued by Cognitive Class under the name of the underlying Member from where the course originated, i.e. LightBend, RefinePro, etc. The decision whether a Certificate will be awarded to a given student will be solely within the discretion of the awarding Member. Cognitive Class and/or the Members providing courses on the Site may choose not to offer a Certificate for some courses.

TRADEMARKS

Use of Cognitive Class, IBM, and Member Names, Trademarks and Service Marks. The “Cognitive Class ” name, logos and seals are trademarks (“Trademarks”) of the respective entities. IBM®, the IBM logo, and ibm.com® are trademarks or registered trademarks of International Business Machines Corporation in the United States, other countries, or both. A current list of IBM trademarks is available on the Web at “Copyright and trademark information” at: ibm.com/legal/copytrade.shtml. References to IBM products or services do not imply that IBM intends to make them available in all countries in which IBM operates. Netezza®, Netezza Performance Server®, NPS® are trademarks or registered trademarks of IBM International Group B.V., an IBM Company. Linux is a registered trademark of Linus Torvalds in the United States, other countries, or both. Microsoft, Windows, Windows NT, and the Windows logo are trademarks of Microsoft Corporation in the United States, other countries, or both. Java and all Java-based trademarks and logos are trademarks or registered trademarks of Oracle and/or its affiliates. UNIX is a registered trademark of The Open Group in the United States and other countries. Other product, company or service names may be trademarks or service marks of others.

You may not use any of these Trademarks, or any variations thereof, without the owner’s prior written consent. You may not use any of these Trademarks, or any variations thereof, for promotional purposes, or in any way that deliberately or inadvertently claims, suggests or, in these institutions’ sole judgment, gives the appearance or impression of a relationship with or endorsement by these institutions.

All Trademarks not owned by Cognitive Class or the Members that appear on the Site or on or through the services made available on or through the Site, if any, are the property of their respective owners.

Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the owner of the applicable Trademark.

DISCLAIMERS OF WARRANTY / LIMITATIONS OF LIABILITIES

THE SITE AND ANY INFORMATION, CONTENT OR SERVICES MADE AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, EXCEPT INSOFAR AS ANY SUCH IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW.

Cognitive Class AND THE Cognitive Class PARTICIPANTS (AS HERINAFTER DEFINED) DO NOT WARRANT THAT THE SITE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE COURSES OR CONTENT PROVIDED WILL MEET YOUR NEEDS OR EXPECTATIONS. Cognitive Class AND THE Cognitive Class PARTICIPANTS ALSO MAKE NO WARRANTY ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, OR QUALITY OF THE SITE OR ANY COURSES OR CONTENT, OR THAT ANY PARTICULAR COURSES OR CONTENT WILL CONTINUE TO BE MADE AVAILABLE. “Cognitive Class PARTICIPANTS” MEANS IBM, THE OTHER MEMBERS, THE ENTITIES PROVIDING INFORMATION, CONTENT OR SERVICES FOR THE SITE, THE COURSE INSTRUCTORS AND THEIR STAFFS.

USE OF THE SITE, AND THE CONTENT AND SERVICES OBTAINED FROM OR THROUGH THE SITE, IS AT YOUR OWN RISK. YOUR ACCESS TO OR DOWNLOAD OF INFORMATION, MATERIALS OR DATA THROUGH THE SITE OR ANY REFERENCE SITES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA, UNLESS OTHERWISE EXPRESSLY PROVIDED FOR IN THE Cognitive Class PRIVACY POLICY.

User Postings Disclaimer. You understand that when using the Site you will be exposed to User Postings from a variety of sources and that neither Cognitive Class nor the Cognitive Class Participants are responsible for the accuracy, usefulness, reliability or intellectual property rights of or relating to such User Postings. You further understand and acknowledge that you may be exposed to User Postings that are inaccurate, offensive, defamatory, indecent or objectionable and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Cognitive Class or any of the Cognitive Class Participants with respect thereto. Neither Cognitive Class nor any of the Cognitive Class endorse any User Postings or any opinion, recommendation or advice expressed therein. Neither Cognitive Class nor any of the Cognitive Class Participants have any obligation to monitor any User Postings or any other user communications through the Site.

However, Cognitive Class reserves the right to review User Postings and to exercise its sole discretion to edit or remove, in whole or in part, any User Posting at any time and for any reason, or to allow the Cognitive Class Participants to do so. Without limiting the foregoing, upon receiving notice from a user or a content owner that a User Posting allegedly does not conform to these TOS, Cognitive Class may investigate the allegation and determine in its sole discretion whether to remove the User Posting, which it reserves the right to do at any time and without notice.

Links to Other Sites. The Site may include hyperlinks to sites maintained or controlled by others. Cognitive Class and the Cognitive Class Participants are not responsible for and do not routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these sites. If you decide to access linked third-party websites, you do so at your own risk.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER Cognitive Class NOR ANY OF THE Cognitive Class PARTICIPANTS WILL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, OR YOUR (OR ANY THIRD PARTY’S) USE OF OR INABILITY TO USE THE SITE, OR YOUR PLACEMENT OF CONTENT ON THE SITE, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SITE, WHETHER YOUR CLAIM IS BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW.

IN PARTICULAR, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER Cognitive Class NOR ANY OF THE Cognitive Class PARTICIPANTS WILL HAVE ANY LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE AND WHETHER OR NOT Cognitive Class OR ANY OF THE Cognitive Class PARTICIPANTS HAS BEEN NEGLIGENT OR OTHERWISE AT FAULT (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF PROFITS, LOSS OF DATA OR INTERRUPTION IN AVAILABILITY OF DATA).

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to defend, hold harmless and indemnify Cognitive Class and the Cognitive Class Participants, and their respective subsidiaries, affiliates, officers, faculty, students, fellows, governing board members, agents and employees from and against any third-party claims, actions or demands arising out of, resulting from or in any way related to your use of the Site, including any liability or expense arising from any and all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Cognitive Class or one of the Cognitive Class Participants will provide you with written notice of such claim, suit or action.

MISCELLANEOUS

Termination Rights; Discontinuation of Courses and Content. You agree that Cognitive Class, in its sole discretion, may terminate your use of the Site or your participation in it, for any reason or no reason, upon notice to you. It is Cognitive Class ‘s policy to terminate in appropriate circumstances the accounts of users of the Site who are repeat copyright infringers. Cognitive Class and the Cognitive Class Participants reserve the right at any time in their sole discretion to cancel, delay, reschedule or alter the format of any course offered through Cognitive Class, or to cease providing any part or all of the Site content or related services, and you agree that neither Cognitive Class nor any of the Cognitive Class Participants will have any liability to you for such an action. If you no longer desire to participate in the Site, you may terminate your participation at any time. The rights granted to you hereunder will terminate upon any termination of your right to use the Site, but the other provisions of these TOS will survive any such termination.

Entire Agreement. These TOS, the Honor Code, and the Privacy Policy together constitute the entire agreement between you and Cognitive Class with respect to your use of the Site, superseding any prior agreements between you and Cognitive Class regarding your use of the Site.

Waiver and Severability of TOS. The failure of Cognitive Class to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. If any provision of these TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and the other provisions of these TOS shall remain in full force and effect.

Choice of Law/Forum Selection. You agree that these TOS and any claim or dispute arising out of or relating to these TOS or any content or service obtained from or through the Site will be governed by the laws of the province of Ontario in Canada, excluding its conflicts of law provisions. You agree that all such claims and disputes will be heard and resolved exclusively in the federal or provincial courts located in and serving Toronto, Ontario, Canada. You consent to the personal jurisdiction of those courts over you for this purpose, and you waive and agree not to assert any objection to such proceedings in those courts (including any defense or objection of lack of proper jurisdiction or venue or inconvenience of forum).

Honor Code Pledge

COLLABORATION POLICY

By enrolling in a course on Cognitive Class, you are joining a special worldwide community of learners. The aspiration of Cognitive Class is to provide anyone with an internet connection access to courses from the industry’s best institutions in the world and to provide our learners the best educational experience internet technology enables. You are a part of the community that will help Cognitive Class achieve this goal. Cognitive Class depends upon your motivation to learn the material and to do so with honesty and academic integrity. In order to participate in Cognitive Class, you must agree to the Honor Code below and any additional terms specific to a class. This Honor Code, and any additional terms, will be posted on each class website.

Cognitive Class depends upon your motivation to learn the material and to do so with honesty. In order to participate in Cognitive Class, you must agree to the Honor Code below and any additional terms specific to a class. This Honor Code, and any additional terms, will be posted on each class website.

Cognitive Class HONOR CODE PLEDGE

By enrolling in a Cognitive Class course, I agree that I will:

VIOLATIONS

If you are found in violation of the Terms of Service or Honor Code, you may be subject to one or more of the following actions:

Honor code violations will be determined at the sole discretion of Cognitive Class Members. You will be notified if a determination has been made that you have violated this honor code and you will be informed of the corresponding action to be taken as a result of the violation.

CHANGING THE HONOR CODE

Please note that we review and may make changes to this Honor Code from time to time. Any changes to this Honor Code will be effective immediately upon posting on this page, with an updated effective date. By accessing the Site after any changes have been made, you signify your agreement on a prospective basis to the modified Honor Code and any changes contained therein. Be sure to return to this page periodically to ensure familiarity with the most current version of this Honor Code.

Privacy Policy

At Cognitive Class, we care about the confidentiality and security of your personal information. We will use commercially reasonable efforts to keep your Personal Information secure in compliance with this Privacy Policy. “Personal Information” is defined below. As used in this Privacy Policy, “we,” “us,” and “our” refer to Cognitive Class.

This Privacy Policy only applies to information that we collect through the Cognitive Class Website (the “Site,” which consists of all content and pages located within the this web domain) and does not apply to information that we may collect from you in other ways (for example, this policy does not apply to information that you may provide to us over the phone, by fax, or through conventional mail).

USERNAMES AND POSTINGS

Comments or other information posted by you to our forums, wikis or other areas of the Site designed for public communications or communications among registered class members may be viewed and downloaded by others who visit the Site. For this reason, we encourage you to use discretion when deciding whether to post any information that can be used to identify you to those forums (or other public or classwide areas).

CONSENT TO PROCESSING OUTSIDE HOME COUNTRY

By using our Site, or providing information to Cognitive Class, you understand and unambiguously consent to the collection, use, disclosure and retention of information in Canada, the United States and other countries and territories, for the purposes set forth in this Privacy Policy and the Cognitive Class Terms of Service. You hereby consent to the collection, use, disclosure, and retention by Cognitive Class of your Personal Information as described under this Privacy Policy, including but not limited to the transfer of your personal data between Cognitive Class and the third parties, affiliates, and subsidiaries described in this Privacy Policy. For further certainty, any consent relating to a right to transfer information referred to in this paragraph shall be deemed to include your consent to the transfer of the applicable Personal Information to a jurisdiction which may provide a different level of privacy protection than that available in your own country.

If you do not agree with these terms, then please do not access, browse, or register for the Site. If you choose not to provide us with certain information required to provide you with various services offered on our Site, you may not be able to establish a user account and we may not be able to provide you with those services.

PERSONAL INFORMATION

As used in this Privacy Policy, “Personal Information” means any information about yourself that you may provide to us when using the Site, such as when you sign up for a user account or enter into a transaction through the Site, which may include (but is not limited to) your name, contact information, gender, date of birth, occupation, and if you register for an ID Verified Certificate of Achievement, a driver’s license or other government issued identification.

We endeavor to limit the collection of Personal Information to what we need with respect to specific Site activities in order to satisfy business, legal, or regulatory requirements.

INFORMATION WE COLLECT AND HOW WE USE IT

We collect information, including Personal Information (described above), when you sign up for a user account, participate in online courses, send us email messages and/or participate in our public forums. We also collect certain usage information about student performance and patterns of learning. In addition, we track information indicating, among other things, which pages of our Site were visited, the order in which they were visited, when they were visited and which hyperlinks and other user interface controls were used.

We may log the IP address, operating system, and browser software used by each user of the Site, and we may be able to determine from an IP address a user’s Internet Service Provider and the geographic location of his or her point of connectivity. Various web analytics tools are used to collect this information. Some of the information is collected through cookies (small text files placed on your computer that store information about you, which can be accessed by the Site). You should be able to control how and whether cookies will be accepted by your web browser. Most browsers offer instructions on how to reset the browser to reject cookies in the “Help” section of the toolbar. If you reject our cookies, many functions and conveniences of this Site may not work properly.

USE AND DISCLOSURE TO THIRD PARTIES

Among other things, we and other institutions that provide courses through Cognitive Class (the “Members”) may use the information about you collected through the Site (including your Personal Information) in connection with the following. In cases where we share or disclose your Personal Information: (1) the third party recipients are required to handle the Personal Information in a confidential manner and to maintain adequate security to protect the information from loss, misuse, unauthorized access or disclosure, alteration, and destruction; and (2) we will only disclose and share the Personal Information that is required by the third party to fulfill the purpose stated at the time of collection.

We will share information we collect with the Members, and we and the Members may share this information (including Personal Information) with third parties as follows:

In addition, we may share aggregated information that does not personally identify you with the public and with third parties.

USE FOR PERSONALIZATION AND PEDAGOGICAL IMPROVEMENTS

Our goal is to provide current and future visitors with the best possible educational experience. To further this goal, we sometimes present different users with different versions of course materials and software. We do this to personalize the experience to the individual learner (assess the learner’s level of ability and learning style, and present materials best suited to the learner), to evaluate the effectiveness of our course materials, to improve our understanding of the learning process and to otherwise improve the effectiveness of our offerings. We may publish or otherwise publicize results from this process, but, unless otherwise permitted under this Privacy Policy, those publications or public disclosures will not include Personal Information.

LINKS TO OTHER WEBSITES

The Site contains links to websites published by third parties, including other content providers as well as certain service providers, such as those who process badges on behalf of Cognitive Class. These other websites are not under our control, and you acknowledge and agree that we are not responsible for the collection and use of your information by such websites, unless we have otherwise indicated in this Privacy Policy. We encourage you to be aware when you are be redirected to a third party website and review the privacy policies of each website you visit and use.

SECURITY

Cognitive Class has a program designed to protect Personal Information in its possession or control. This is done through a variety of privacy and security policies, processes, and procedures, including administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the Personal Information that it creates, receives, maintains, or transmits. Nonetheless, no method of transmission over the Internet, or method of electronic storage, is 100% secure; and therefore, Cognitive Class cannot guarantee its absolute security.

CHANGING OUR PRIVACY POLICY

Please note that we review and may make changes to this Privacy Policy from time to time. When changes are made, the Privacy Policy link will include a notation “Revised (date).” indicating that you should review the new terms, which will be effective immediately upon posting on this page, with an updated effective date. The notation will be included in the Privacy Policy link for at least seven (7) days after the update has been made. By accessing the Site after any changes have been made, you signify your agreement on a prospective basis to the modified Privacy Policy and any changes contained therein. In case you miss the notification referenced above, be sure to return to this page periodically to ensure familiarity with the most current version of this Privacy Policy.