TERMS & CONDITIONS

TERMS OF USE

AGREEMENT BETWEEN USER AND EC-COUNCIL, INC

Welcome to EC-Council University (“ECCU”) website (“Website”). Our Website is offered to you conditioned on your acceptance, without modification of the terms, conditions, and notices (“Terms of Use”) contained herein. Your use of our Website constitutes your agreement to all such terms, conditions, and notices, as may be notified and changed from time-to-time.

1. AGE AND CONSENT REQUIREMENTS

These terms of use apply to your usage of the Website. Your use of the Website constitutes full acceptance of these terms. If you do not agree with any part of these terms, please refrain from using the Website.

You must be 18 years or older to use the Website. By using and accepting these terms of use, you confirm and guarantee that you meet this age requirement.

The Website utilizes cookies. Your use of the Website and agreement to these terms signifies your consent to the use of cookies in compliance with the privacy policy.

2. PRIVACY AND FERPA:

By using this website, you consent to receive electronic communications from ECCU. These communications may include notices, updates, and promotional materials. Please review our Privacy Policy located at the Website, which also governs your use of our Website and our communications to you.

ECCU complies with the Family Educational Rights and Privacy Act of 1974 (FERPA). You can read our FERPA Policy at the Website.

3. ELECTRONIC COMMUNICATIONS

While using our Website or when you send emails, text messages and other communications through your desktop or mobile device to us, you consent to communicate with us electronically and receive communications (notices, push notifications, texts, emails) from us electronically. 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.

4. ACCEPTABLE USE
   • You may use this website for informational and non-commercial purposes only. You agree not to use the Website to:

• 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.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Restrict or inhibit any other user from using and enjoying our services or access to the Website.
• Violate any code of conduct or other guidelines which may be applicable for the use of the Website.
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• Violate any applicable laws or regulations.
• We do not have an obligation to monitor your use of our Website. However, we reserve the right to terminate your access to any or all parts of our Website at any time without notice for any reason whatsoever.
• We further reserve 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 our sole discretion.
• The 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.
• We do not control or endorse the messages or information if any posted on our Website. We, therefore, specifically disclaim any and all liability with regard to the Customer Content posted on our Website.
• Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. ECCU does not control or endorse the content, messages or information found in any Communication Service and, therefore, ECCU specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service
• You may view, download for caching purposes only, and print pages from the Website for your own personal use, subject to the restrictions set out in these terms of use. Materials uploaded on our Website 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.

5. INTELLECTUAL PROPERTY

• All content included in or made available through our Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is our or that of our content suppliers and protected by United States and international copyright laws. All rights in the marks are owned by us. All intellectual property rights are reserved.
• The names of actual companies and products mentioned on our Website and electronic assets may be the trademarks of their respective owners.
• You are prohibited from: (a) Selling, renting, or sub-licensing any material from the Website; (b) Reproducing, duplicating, copying, or exploiting material on the Website for commercial purposes; (c) Redistributing material from this Website, except for content explicitly and clearly intended for redistribution.

6. NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Website, you warrant to us that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You shall not use the Website in any manner which could damage, disable, overburden, or impair us or the Website or interfere with any other party’s use and enjoyment of the Website. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

7. TERMINATION/SUSPENSION:

EC-Council University reserves the right to terminate or suspend your access to our services at our sole discretion, without notice, for conduct that we believe violates these terms or is harmful to other users of our services, us, or third parties, or for any other reason.

8. SUBMISSIONS AND MATERIALS POSTED ON THE WEBSITE

• ECCU does not claim ownership of the materials you provide to ECCU (including feedback and suggestions) or post, upload, input or submit to any ECCU Website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting ECCU, its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
• No compensation will be paid with respect to the use of your Submission, as provided herein. EC-Council University is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in EC-Council University’s sole discretion.
• By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

9. USE OF THIRD- PARTY PLATFORM AND WEBSITES

Our website may include hyperlinks to other websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third-party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

10. YOUR SUGGESTION

All rights in any suggested improvements provided by you for the Website will be owned by us, if even the same has been designated as confidential by you. We shall be entitled to use your suggestions as we deem fit, without any restriction and you agree to provide us any assistance we may require to document, perfect, and maintain our rights in the suggestions.

11. SANCTIONS AND EXPORT POLICY

You may not use our Website 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 our Website.  You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services.

12. INDEMNIFICATION

You agree to indemnify and undertake to keep us indemnified and hold harmless us and our affiliates, officers, directors, employees, agents, and representatives from any claims, losses, damages, liabilities, costs, and expenses arising out of your use of this Website.

13. LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WE AND/OR OUR SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE WEBSITE SHOULD NOT BE RELIED UPON FOR CAREER, PERSONAL, LEGAL OR FINANCIAL DECISIONS ETC. AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE 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. WE 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.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL  WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE , WITH THE DELAY OR INABILITY TO USE THE WEBSITE  OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE , OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE , WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

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.

14. DISPUTES AND APPLICABLE LAW

Any dispute or claim relating in any way to your use of the Website will be resolved through courts in New Mexico. By using any the Website, you agree that the laws of New Mexico, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and us. Further, the parties specifically exclude the application of United Nations Convention on Contracts for the International Sale of Goods.

Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

15. MISCELLANEOUS

• You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Terms of Use or use of the Website.
• Our performance of this Terms of Use is subject to existing laws and legal process, and nothing contained in this Terms of Use is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use.
• If any part of this Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect.
• These Terms of Use constitutes the entire agreement between the you and us with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Website.
• A printed version of this Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this Terms of Use and all related documents be drawn up in English.
• We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

16. Claims Of Copyright Infringement — DMCA Notice.

We take claims of copyright infringement seriously and will respond to notices of alleged copyright infringement that comply with applicable law. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), we will respond expeditiously to claims of copyright infringement committed using our Services. If you believe any materials accessible on or from the Services infringes your copyright, you may request removal of those materials from the Services by submitting written notification to our Copyright Agent (designated below).

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by submitting a written notice (the “DMCA Notice”) to us with the following information:

• Your physical or electronic signature.
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Service, a representative list of such works.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
• Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address).
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Completed notices should be sent by email to [email protected]. Upon receipt of Notice as described below, we will take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged content from the Site.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

17. MODIFICATION OF THESE TERMS OF USE

These terms along with the privacy notice governs your use of our Website. We reserve the right to change the terms, conditions, and notices under which the Website and/or service is offered, including but not limited to any applicable charges associated with the use of the Website.

TERMS VERSION: 2.0

LAST UPDATED: 15th July, 2024