JewelryCADTraining.com (“JewelryCADTraining.com” “we” “us” or “our”) develops training solutions (“Training Materials”) for jewelry designers, watchmakers and designers using industry professionals and makes certain Training Materials available to users via the JewelryCADTraining.com Web Site (the “Site”) or platforms available from JewelryCADTraining.com (the offering of services or Training Materials through the Site or other JewelryCADTraining.com platforms are collectively referred to as the “Services”). Some JewelryCADTraining.com Services are available to you for free, while others require that you create a User Account and pay a Subscription Fee for access. Access to and use of the Services, whether accessed with or without payment are subject to the terms and conditions of this Agreement.

By subscribing to the Services or creating a User Account, you also agree to the provisions of the JewelryCADTraining.com Privacy Policy, available at http://www.jewelrycadtraining.com/privacy-policy (the “Privacy Policy”), which are all incorporated herein by reference. This Agreement and Privacy Policy include important legal information, including the exclusion of certain warranties and remedies. You are responsible for reviewing this Agreement and the Privacy Policy. The JewelryCADTraining.com Terms and Conditions and Privacy Policy may be amended from time to time. JewelryCADTraining.com will take steps to provide notice on the Site of changes to the Terms and Conditions and Privacy Policy. Amendments or changes to the Terms and Conditions or Privacy Policy will become effective at the earlier of your express agreement to the changes through a click-through or other electronic agreement or ten days from the date when the changes are posted. You are responsible for reviewing any changes to the Terms and Conditions or the Privacy Policy.

Accounts

In order to obtain access to the Services, you must create a JewelryCADTraining.com account (“User Account”) and pay the appropriate fees for access to the services you request. By creating a User Account, you represent and warrant the information you provide is accurate and complete. You may never use another’s account or share your User Account with others. Except as expressly authorized for Floating Seats with respect to Group Accounts, an institution may not purchase a single user account and share that user account among multiple employees.

You are responsible for maintaining the security of your password and are solely responsible for the activity that occurs on your User Account. If you believe your User Account has been breached or used in any unauthorized manner, you must notify a JewelryCADTraining.com representative immediately. JewelryCADTraining.com is not responsible for any damage or losses caused by unauthorized use of your User Account. You, however, may be responsible to JewelryCADTraining.com for any harm JewelryCADTraining.com incurs due to unauthorized use of your JewelryCADTraining.com User Account.

Group Accounts

JewelryCADTraining.com may provide access to its Site and Services through group accounts, which may be available to groups and institutions at the sole discretion of JewelryCADTraining.com . Group accounts are managed by a “Group Administrator” associated with your affiliated group. If you are a member of a group account, the Group Administrator of your account is responsible for the payment of all fees and charges associated with your subscription. As a group account member, you will not be charged individually for fees or charges related to your use of the Site or Services. Unless otherwise stated in group account purchases, group account access will expire 12 months from the original date of purchase.

JewelryCADTraining.com may also terminate group accounts for cause or in accordance with the termination provisions of this Agreement. If you have questions regarding your group account, you must contact your Group Administrator. JewelryCADTraining.com may provide “Floating Seats” for members of a group account. A Floating Seat is a license that may be used by a group of users without being specifically associated with a single individual, but only a single user may obtain full access to the Site or Services with a Floating Seat license at one time. Users may log on to the Site with a Floating Seat account. If that Floating Seat is in use, the user will be placed in a queue until the Floating Seat becomes available. When a seat becomes available, the first member in the queue will be notified and given access to the library.

Group administrators and members can share the number of purchased group account seats meaning that multiple users can simultaneously login, browse, search and watch from JewelryCADTraining.com online training library. Floating seats are only available within group accounts.

Subscription Fees

JewelryCADTraining.com offers services on a subscription fee basis according to the pricing and payment schedule available at http://www.jewerycadtraining.com/plans (the “Subscription Fees”). You agree to pay the Subscription Fees and any other charges incurred in connection with your User Account (including any applicable taxes) at the rates in effect when the charges were incurred. If your subscription includes access to areas containing premium content or services, your access to such areas may be subject to additional fees, terms and conditions, which will be separately disclosed in such areas.

We will bill all charges automatically to your credit card, PayPal account or other payment method that JewelryCADTraining.com offers and you select. For any services billed by invoice, all payments are due net thirty (30) days from the date of the invoice.

Billing

Subscription Fees will be billed beginning on the day of the month in which JewelryCADTraining.com activates your User Account (the “Subscription Date”) and on the monthly anniversary of each Subscription Date thereafter for the Term of this Agreement and any renewal thereof. Unless we state in writing otherwise, all fees and charges are nonrefundable. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. If you want to use a different credit card than one previously provided or there is a change in credit card validity or expiration date, or if you believe someone has accessed the Services using your user name and password without your authorization, you must contact us immediately.

You are responsible for any fees or charges incurred to access the Services through an Internet access provider or other third-party service. For example, the Services may include large video files. You are responsible for payment of any bandwidth, data, or subscription charges you may incur from a service provider while utilizing the Services.

Personal Information

When creating a User Account or using the Services, you will provide certain personal information to us (“User Information”). In addition to any provisions of our Privacy Policy, you agree that we may use your User Information to contact you regarding services we provide.

We may also provide your e-mail address or contact information you provide to our affiliates for marketing our services. If you would prefer not to receive marketing or advertising, you must notify us by contacting us at info@jewelrycadtraining.com and requesting removal from our contact lists. JewelryCADTraining.com uses a third party to process credit card purchases and does not retain records that include full credit card account numbers. JewelryCADTraining.com may, however, obtain and retain portions, such as the last four digits, of a credit card number in order to later verify customer purchases.

Proprietary Rights

All Training Materials, content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to or included on the Site are protected under applicable copyright, trademark, patent or other proprietary (including but not limited to intellectual property) rights.

The copying, modifying, distributing, transmitting, displaying, selling, licensing, using, publishing or creating derivative works by you of any such matters or any part of the Site, except as expressly allowed by the Agreement, is strictly prohibited. You do not acquire ownership rights to any Content or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

Downloading Materials

JewelryCADTraining.com may make certain Training Materials available through download services operated by or in affiliation with JewelryCADTraining.com. In order to access these Training Materials, you must agree to and comply with any end user license agreements or terms and conditions associated with the downloaded Training Materials as well as these Terms and Conditions. Except as authorized by JewelryCADTraining.com , you are not permitted to capture streamed videos or download videos from the Site in any manner that is not provided by JewelryCADTraining.com

Tracking and Monitoring

JewelryCADTraining.com implements technology and procedures to track usage of the Site and its Services, including tracking and monitoring associated with individual user accounts. In addition to other information collected, JewelryCADTraining.com may track the number of videos viewed, time elapsed during viewing and other information related to content viewing activities.

By utilizing the Site and Services, you consent to tracking and monitoring of your use of the Site and Services. If JewelryCADTraining.com determines, in its sole discretion, that you have engaged in any activities in breach of these Terms and Conditions or the Privacy Policy, JewelryCADTraining.com may immediately terminate your account. You shall not be entitled to a refund for any fees paid. JewelryCADTraining.com also reserves all legal rights, claims and causes of actions that it may have against you.

Trademarks / Service Marks

JEWELRYCADTRAINING.COM , WWW.JEWELRYCADTRAINING.COM .COM “stylized head” logo are trademarks and/or service marks of JewelryCADTraining.com. Other product and company names may be mentioned on the Site from time to time which may be trademarks or service marks of their respective owners. These trademarks and/or service marks may not be reproduced without the express written consent of the respective trademark or service mark owner.

Term and Termination

This agreement shall be in effect as of the date you create your User Account. The term of the Agreement for billing purposes shall begin as of the Subscription Date. When selecting the Services, you may enroll on a monthly, annual or bi-annual basis. Your subscription will renew automatically unless we terminate it or you notify us by telephone, mail, or e-mail (receipt of which must be confirmed by email reply from us) of your decision to terminate your subscription.

For subscriptions of six months or greater, we will notify you of the pending renewal of your subscription at least 30 days prior to the date your subscription renews, except as otherwise required by law. You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card.

Termination by You

You may terminate your User Account at any time by notifying us of your desire to terminate. After receiving notice from you, we will terminate your account before the Subscription Date for the next billing cycle for your Services. You will not receive a refund for any fees paid to JewelryCADTraining.com .

Termination by JewelryCADTraining.com

JewelryCADTraining.com may terminate your User Account with or without cause and without notice when terminated for cause. If you believe your User Account has been terminated in error, contact JewelryCADTraining.com at info@jewelrycadtrainging.com. For example, JewelryCADTraining.com may terminate a User Account, if it determines you have provided others with access to Training Materials with your User Account.

If it is determined by JewelryCADTraining.com , in its sole discretion, that your User Account was terminated in error, JewelryCADTraining.com will provide you with access to the Services at no charge for the period of time in which your User Account was terminated. This shall be the sole and exclusive remedy available to you for any termination in error. If JewelryCADTraining.com terminates your account for cause, determined at the sole discretion of JewelryCADTraining.com , you will not receive a refund for any Subscription Fees paid to JewelryCADTraining.com . If JewelryCADTraining.com terminates your User Account without cause, as determined by JewelryCADTraining.com in its discretion, JewelryCADTraining.com will provide you with a pro rata refund of payments made to you for the Services.

Limited License

By subscribing to the Services, JewelryCADTraining.com grants you a limited, non-exclusive license to view the Training Materials via the JewelryCADTraining.com web site. This license shall terminate immediately upon termination of your Services. Following termination of your User Account, you shall immediately destroy any Training Materials or other content obtained through the Services. The Training Materials are the sole and exclusive property of JewelryCADTraining.com or the respective creators of the Training Materials. Nothing herein grants you any ownership rights in the Training Materials.

You are not authorized to:

  • Share your User Account with others;
  • Allow more than one individual to access a User Account;
  • Copy, modify, distribute, capture, or save locally any of the Training Materials;
  • Remove any copyright or proprietary notice included on or in any Training Materials;
  • Circumvent or attempt to circumvent any encryption, security code, or other protection used in connection with the Training Materials;
  • Use the Services for any unlawful purposes;
  • Capture screen shots of Training Materials; or
  • Make Training Materials available to others in any format.

As a service to our friends in the digital community, JewelryCADTraining.com offers the opportunity to participate in our online forum where you can interact with and learn from others with like interests. While JewelryCADTraining.com does not monitor content posted in the forums, please be advised that JewelryCADTraining.com reserves the right to delete any message for any or no reason and to prohibit your access to the service. By posting text, images or other content (“Posted Content”) you hereby grant JewelryCADTraining.com a perpetual, non-exclusive license to use the Posted Content in connection with the Site and Services. You further represent and warrant that the Posted Content does not infringe the intellectual property rights of any third party.

If you have reason to believe that a user has posted content that is obscene, pornographic, violates the intellectual property rights of a third party or otherwise violates the terms of this Agreement, you may contact JewelryCADTraining.com at info@jewelrycadtraining.comto request removal of the content or use other procedures available through the forum to request removal. Requests for removal due to infringement of intellectual property rights must be directed to info@jewelrycadtraining.comand include the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (see 17 U.S.C 512(c)(3) for further details)

Representation of Ownership. JewelryCADTraining.com represents and warrants that it is the sole and exclusive owner of the videos and tutorials included within the Training Materials (the “Content”), or otherwise holds sufficient rights in the Content to provide the Content to its users.

Warranty Disclaimer

EXPECT AS EXPRESSLY STATED OTHERWISE IN THE REPRESENTATION OF OWNERSHIP SECTION ABOVE, ALL MATERIALS JEWELRYCADTRAINING.COM PROVIDES ARE PROVIDED “AS IS”. JEWELRYCADTRAINING.COM DOES NOT WARRANT THAT TRAINING MATERIALS OR SERVICES PROVIDED IN CONNECTION THEREWITH WILL MEET YOUR REQUIREMENTS OR THAT THEIR OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE CONTENTS OF THE TRAINING MATERIALS ARE ACCURATE OR COMPLETE. JEWELRYCADTRAINING.COM .COM MAKES NO WARRANTIES, EXPRESS, IMPLIED OR ARISING BY CUSTOM OR TRADE USAGE RELATING TO THE TRAINING MATERIALS OR RELATED SERVICES, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Limitations on LIABILITY

IN NO EVENT SHALL JEWELRYCADTRAINING.COM .COM AND/OR ITS AFFILIATES, MEMBERS, AGENTS, EMPLOYEES, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY PUNITIVE, CONSEQUENTIAL, OR MULTIPLE DAMAGES OR LOST PROFITS OR OTHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING ANY DAMAGES RESULTING FROM LOSS OF BUSINESS ARISING OUT OF OR IN CONNECTION WITH THE TRAINING MATERIALS OR RELATED SERVICES, EVEN IF JEWELRYCADTRAINING.COM .COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES WERE FORESEEABLE. IN ANY EVENT, OTHER THAN BREACH OF DIGITAL-TUTOR’S BREACH OF ITS REPRESENTATION OF ONWERSHIP, DIGITAL-TUTOR’S AGGREGATE LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES SHALL BE LIMITED TO THE AMOUNT YOU HAVE PAID TO JEWELRYCADTRAINING.COM FOR THE THREE MONTHS PRECEDING ANY ACTION FILED.

Territorial Restrictions

The Services may not be available in certain territories due to certain national or international restrictions. By utilizing or subscribing to the Services, you represent and warrant that you are authorized under all applicable laws to access the Services.

Indemnity

You agree to defend, indemnify and hold harmless JewelryCADTraining.com , its managers, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

  1. your violation of this Agreement or Privacy Policy;
  2. your violation of any third party right, including without limitation any copyright, property, or privacy right; or
  3. any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive termination of this Agreement and your use of the Services.

Governing Law and Jurisdiction

This Agreement shall be governed and construed according to the laws of the state of Oklahoma, United States of America. By using the Services, you consent to the exclusive jurisdiction of the state and federal courts in Oklahoma City, Oklahoma. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

No Waiver

No delay or failure to take action under this Agreement shall constitute waiver by JewelryCADTraining.com of any provision of this Agreement or prevent JewelryCADTraining.com from subsequently enforcing such provisions. The provisions of this Agreement are severable, and if any provision of this Agreement is determined to be invalid or unenforceable under any controlling body of law, such invalidity or non-enforceability shall not in any way affect the validity or enforceability of the remaining provisions.

Again, you are responsible for reviewing the JewelryCADTraining.com Terms and Conditions as well as the JewelryCADTraining.com Privacy Policy. If you do not agree to any of the terms above or the Terms and Conditions or Privacy Policy, do not proceed with use of the JewelryCADTraining.com web site, the Training Materials and do not access the Services.

JewelryCADTraining.com Contact Information

For customer service questions e-mail JewelryCADTraining.com at info@jewelrycadtraining.com. All e-mails will be answered within 48 hours. E-mails sent during holidays and weekends will be answered within 48 hours of the following business day. To speak to a JewelryCADTraining.com representative regarding your JewelryCADTraining.com order, call 239-590-6001 between the hours of 9:00AM -5:00PM Monday through Friday (EST). All messages received during holidays and weekends will be returned within 48 hours of the following business day.

Our Commitment Policy

We, JewelryCADTraining.com (“we” or “us”), are committed to providing high quality service along with the highest level of integrity in dealing with our customers. As an extension of this commitment, this Privacy Policy is designed to assist you in understanding how we collect, use and safeguard the personal information we collect and to assist you in making informed decisions when visiting or purchasing goods through our web site (the “Site”). This Privacy Policy will be continuously assessed against new technologies, business practices and our customer’s needs and legal developments, and may be revised accordingly.

By using the Site you consent to our collection and use of the information as described in this Privacy Policy. If we change our privacy policies and procedures, we will post the revised Privacy Policy, including such changes, on our Site. For your convenience and future reference, the date of the version of the Privacy Policy set forth on our Site is listed below. You can print the version of our Privacy Policy that you reviewed and approved, and compare it to the version in effect when you use our Site in the future to determine what, if any, changes have been made, and whether you want to continue using our Site. Amendments or changes to the Terms and Conditions or Privacy Policy will become effective at the earlier of your express agreement to the changes through a click-through or other electronic agreement or ten days from the date when the changes are posted. If you do not agree to the changes, you should discontinue use of the services.

A Special Note About Children

Please note that persons under the age of 18 (“Children”) are not eligible to use or purchase goods or services through the Site unless supervised by a parent or guardian. In addition, Children under the age of 13 shall not submit any personal information even if requested. If you are the parent or guardian of a child under the age of 13 whom you believe has submitted personal information to us, please contact us at 405-601-4806 and we will take appropriate steps to remove such information from our files.

What Information Do We Collect?

If you choose to use the Site you may be required to provide personal information and authorization. Specifically, you may be asked to provide the following information:

  • Name
  • Mailing address
  • Email address
  • Credit card number
  • Home and business phone and/or fax numbers
  • Other personal information (i.e., mother’s maiden name)

In addition to providing the foregoing information, if you choose to correspond further with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protection for these electronic communications that we employ in the maintenance of information received by mail and telephone.

In order to improve our services and ensure that our services are used in the manner intended, we monitor use of and access to the services. We take the protection of our content seriously. To protect our content we may use internet web crawlers, watermarking, video beacons, publicly available search engines, account monitoring, and/or other available technology to monitor for unauthorized use of content and videos. If we become aware that videos or files obtained by you have been used in an unauthorized manner, we may immediately terminate your account. We also reserve the right to take any other legal action available to us.

How Do We Use the Information That We Obtain?

Broadly speaking, we will only use the personal information you provide to us or that is obtained through your use of the Site to administer our business activities and provide customers the products and services they have requested. If you have supplied us with personal information, we may combine such personal information with information we gather from your use of the Site and other information that we may obtain from other sources to design and arrange the Site in the most user-friendly manner and to continually improve the Site to better meet the needs of our customers and prospective customers. Occasionally, we may also use the information we collect to notify you about important changes to the Site, new services and special offers we think you will find valuable. The lists used to send you product and service offers are developed and managed under our traditional corporate standards and are designed to safeguard the security and privacy of our customers personal information.

Third Party Marketers

We will not sell, rent, share or otherwise disclose any information provided by you or obtained through your use of the Site to any third party unless required to do so by law or disclosure is necessary to enforce our rights under this Agreement or to protect the public.

How Do We Protect Your Information?

  1. Information Security. We utilize encryption/security software to safeguard the confidentiality of personal information we collect from unauthorized access or disclosure and accidental loss, alteration or destruction.
  2. Evaluation of Information Protection Practices. Periodically, our operations and business practices are reviewed for compliance with corporate policies and procedures governing the security, confidentiality and quality of our information.
  3. Employee Access, Training and Expectations. Our corporate values, ethical standards, policies and practices are committed to the protection of customer information. In general, our business practices limit employee access to confidential information, and limit the use and disclosure of such information to authorized persons, processes and transactions.
  4. What About Legally Compelled Disclosure of Information? We may disclose information without your notice or permission when legally compelled to do so, in other words, when we, in good faith, believe that the law requires it or for the protection of our legal rights.

Cookies

To better understand how the Site is used and improve the content of the Site, we may set a cookie on your computer. Cookies allow us to personalize the Site and provide the added convenience of remembering your password and login information thereby allowing you to bypass the enter screen when accessing the forum.

Terms of Use Agreement

Our Terms of Use Agreement, as it may change from time to time, is hereby incorporated as part of this Privacy Policy.

Limitations

By using the Site you agree that we are not responsible for

  1. any disclosure of your personal information made by you to a third party through your use of the Site;
  2. any disclosure of your personal information obtained illegally from us; or
  3. any accidental disclosure of your personal information made by us.

Sale of Business

By using the Site you agree that we may disclose all personal information to a third party considering the acquisition of all or substantially all of our assets or capital stock.

Notice

As previously discussed, by using the Site you consent to our collection and use of the information as described in this Privacy Policy. If we change our privacy policies and procedures, we will post the revised Privacy Policy including such changes on the Site. For your convenience and future reference, the date of the version of the Privacy Policy set forth on the Site is listed below. You can print the version of our Privacy Policy that you reviewed and approved, and compare it to the version in effect when you use the Site in the future to determine what, if any, changes have been made.