Last updated: February 6, 2023
Welcome to the Creo Training Platform. Creo provides on-line training (as modified, the “Creo Training Platform”) based on team games and simulations designed to develop complex problem solving, communication and coaching skills for individuals and teams (collectively, “you”). The website at https://www.joincreo.com (the “Site”) and the various other related services and other features, functions, software, applications and websites (together with the Creo Training Platform, and the Site, collectively the “Creo Training Platform Services”) are provided and operated, and are being made available to you, and the other users of any of the Creo Training Platform Services (collectively, “Users”) by EFFORTLESS 101 LTD (“Creo”, “us” or “we”). All defined terms used herein shall have the meanings prescribed to these terms in these Terms of Service.
These Terms contain an Arbitration provision which will, with limited exception, require you to submit disputes you have against Creo to binding and final arbitration. You will only be permitted to pursue claims against Creo on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
TO APPLY FOR ADMISSION TO PARTICIPATE IN THE Creo Training Platform, TO ACCESS AND USE THE SITE AND THE OTHER Creo Training Platform SERVICES, YOU MUST BE AT LEAST 18 YEARS OF AGE. BY CLICKING “I AGREE,” ACKNOWLEDGING YOUR AGREEMENT, AGREEING VERBALLY OR APPLYING FOR ADMISSION TO THE Creo Training Platform, OR ACCESSING AND USING ANY OF THE OTHER Creo Training Platform SERVICES, YOU REPRESENT THAT:
- YOU HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE Creo Training Platform, OR ANY OF THE OTHER Creo Training Platform SERVICES;
- YOU CONFIRM THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH Creo Training Platform;
- YOU WILL COMPLY WITH THESE TERMS AND ALL APPLICABLE LOCAL, STATE, NATIONAL AND INTERNATIONAL LAWS, RULES AND REGULATIONS; AND
- YOU ARE NOT A COMPETITOR OF CREO AND DO NOT INTEND TO USE THE Creo Training Platform, OR ANY OF THE OTHER Creo Training Platform SERVICES FOR REASONS THAT ARE IN COMPETITION WITH CREO OR OTHERWISE TO REPLICATE SOME OR ALL OF THE OTHER Creo Training Platform SERVICES FOR ANY REASON.
Your privacy is important to Creo. Our goal is to make the Creo Training Platform and the other Creo Training Platform Services as good, useful and rewarding for you as possible. In order to do that, Creo may collect and process information from you when you use the Creo Training Platform or any of the other Creo Training Platform Services. Creo will collect certain personally identifiable information from you as set forth in more detail in our Privacy Policy. By applying to participate in the Creo Training Platform, your participation in the Creo Training Platform or accessing or using any of the other Creo Training Platform Services, you agree that Creo Training Platform may collect, use and disclose, as set forth in the Privacy Policy, the information you provide when participating in the Creo Training Platform or you access or use any of the other Creo Training Platform Services, and in some cases, information that is provided by or through any of the Creo Training Platform Services.
The Privacy Policy only applies to minors 13 years old and over and anyone else over 18 years old.
(a) For you to participate in the Creo Training Platform, you must apply by submitting your first and last name, and any other information requested at the time. We will send an email notifying your acceptance in, or rejection from, the Creo Training Platform.
(b) If you are accepted to participate in the Creo Training Platform, the applicable tuition must be paid in order for you to participate in, and attend sessions at, the Creo Training Platform (as described below in Section 4).
(c) In applying to participate, in the Creo Training Platform, you agree to (i) provide true, accurate, current, and complete information about yourself as prompted during the registration process (“Registration Data”), and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Creo has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Creo has the right to prohibit you from participating in the Creo Training Platform. You agree not to register using a false identity or information, or on behalf of someone other than you. You agree not to access any of the Creo Training Platform Services if you have been previously removed by Creo or if you have been previously banned from participation in the Creo Training Platform or you have been previously banned from accessing and using any of the Creo Training Platform Services.
When you participate in the Creo Training Platform, you agree that you will not behave in any way to provoke, bully, demean, or cause harm to others, or to create conflict, with any other User (collectively, the “Prohibited Behavior”). If you feel that any User, including any facilitator, has engaged in any Prohibited Behavior, please promptly contact us at hello@joincreo.com. Please provide all relevant information, including your full name, the related User and the details of the possible engagement of Prohibited Behaviors. To the extent reasonably practicable, we will not disclose your name.
(a) To join the Creo Training Platform, a reservation fee must be paid before you are added to the reservation list. This fee is non-refundable, including in the event that you do not proceed to enrollment. Current pricing can be found at https://joincreo.com.
(b) To be able to participate in the Creo Training Platform, the monthly tuition associated with each session that has been selected for you to attend must be paid (as modified from time to time, the “Tuition”). Current pricing can be found at https://joincreo.com.
(c) Subject to Section 4.4, you may cancel your participation in the Creo Training Platform at any time by sending us notice at hello@joincreo.com. Upon receipt of your notice of cancellation, we will not charge your credit or debit card any future Tuition.
(a) Payments.
Unless otherwise agreed by Creo, the monthly Tuition shall be paid monthly in accordance with Section 4.2(b). You authorize Creo to automatically charge your credit or debit card through the Payment Processor for any such Tuition.
(b) Payment Processing.
The Tuition and other payments made in connection with the Creo Training Platform and the other Creo Services shall be made through a third-party payment processor directed by Creo (Stripe) (any such third-party payment processor, the “Payment Processor”). Payment processing services for the Creo Platform are currently provided by Stripe and are subject to Stripe’s terms of service (as modified from time to time, the “Stripe Terms”). By agreeing to these Terms or continuing to access or use the Creo Platform or any of the other Creo Services, you agree to be bound by the Stripe Terms. As a condition of Creo’s enabling payment processing services through a Payment Processor, you agree to provide the Payment Processor accurate and complete information about you, your credit or debit card or bank account and such other information required by the Payment Processor, and you authorize Creo to share any relevant transaction information to the Payment Processor.
(c) Right to Suspend. If you fail to pay Tuition when due, Creo may, without prior written notice to you, suspend your ability to participate in the Creo Training Platform.
(d) Future Services. In paying the Tuition, you acknowledge and agree that you are not relying on future availability of the Creo Training Platform beyond the subscription period for which the Tuition that you paid applies.
Creo reserves the right at any time to change the Tuition (including to begin charging for services that it is currently providing free of charge or for new features) and billing methods, either immediately upon posting on the Site or any of the other Creo Services or by notifying you by email.
THE TUITION IS REFUNDABLE UP TO YOUR SECOND (2ND) SESSION FOR ANY REASON. AFTER THAT, ALL TUITION IS NON-REFUNDABLE, NON-CANCELLABLE AND NON-CREDITABLE UNLESS OTHERWISE REQUIRED BY LAW OR AGREED TO BY CREO IN ITS SOLE DISCRETION.
Subject to your compliance with all the terms and conditions set out in these Terms, Creo hereby grants (a) to you the right to participate in the Creo Training Platform and (b) to you the right to access and use the Site and the other Creo Training Platform Services, to the extent of, and in accordance with, these Terms.
Creo reserves the right to exercise whatever lawful means it deems necessary to prevent the unauthorized access or participation the Creo Training Platform, or the circumvention of the other Creo Training Platform Services, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
When applying for or participating in the Creo Training Platform or requesting, accessing or using any of the other Creo Training Platform Services, you may be subject to any additional posted policies, guidelines or rules applicable to the Creo Training Platform, the Site and the other Creo Training Platform Services which may be posted from time to time (as modified from time to time, the “Policies”). All such Policies are hereby incorporated by reference into these Terms.
Creo respects the rights of others and so should you. You therefore shall treat all other Users with respect and shall not stalk, defame, bully, harass, abuse, threaten, intimidate, or impersonate any other User.
Creo reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms to the Site, or any of the other Creo Training Platform Services. If Creo updates these Terms, it will update the “last updated” date at the top of the Terms. Please check these Terms, including any Policies, periodically for changes. Your continued use of the Creo Training Platform, or any of the other Creo Training Platform Services after the posting of changes constitutes your binding acceptance of such changes. In the event of a change to these Terms that materially modifies your rights or obligations (including applicable fees), Creo will use commercially reasonable efforts to notify you of such change. Creo may provide notice through a pop-up or banner within the Creo Training Platform Services, by sending an email to any address that we may have for you, or through other similar mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, Creo may require you to provide consent by accepting the changed Terms. If Creo requires your acceptance of the changed Terms, changes are effective only after your acceptance. For all other changes, except as stated elsewhere by Creo, such amended Terms or fees will automatically be effective, replacing the previously-effective Terms or fees, thirty (30) days after they are initially posted on any of the Creo Training Platform Services. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR PARTICIPATION IN THE Creo Training Platform AND USE OF ALL OF THE OTHER Creo Training Platform SERVICES.
To the extent that any modifications to the Terms or Policies are not allowed under applicable laws, the prior most recent version of the Terms or Policies shall continue to apply.
It is Creo’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. Creo reserves the right to terminate without notice any User’s participation in the Creo Training Platform and any User’s access to the Site and the other Creo Training Platform Services if that User is determined by Creo to be a “repeat infringer.” In addition, Creo accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
BY PARTICIPATING IN THE Creo Training Platform, OR ACCESSING OR USING ANY OF THE OTHER Creo Training Platform SERVICES YOU, AGREE NOT TO:
10.1 Access or use the Creo Training Platform or any of the other Creo Training Platform Services for the benefit of anyone other than yourself except in accordance with these Terms, including selling, reselling or distributing, in whole or in part, the Creo Training Platform, or using the Creo Training Platform as part of a service bureau or outsourcing offering;
10.2 Provide any services, directly or indirectly, that are similar to, or based on, the Creo Training Platform or any of the other Creo Training Platform Services;
10.3 Copy, disclose, or distribute any data or other information available through the Creo Training Platform, the Site or any of the other Creo Training Platform Services, including any information, in any medium, including without limitation on the Site, by any automated or non-automated “scraping;”
10.4 Interfere with, circumvent or disable any security or other technological features or measures of the Creo Training Platform or attempt to gain unauthorized access to the Creo Training Platform;
10.5 Use bots or other automated methods to: access the Creo Training Platform, download any information, send or redirect messages or perform any other activities through the Creo Training Platform or any of the other Creo Training Platform Services;
10.6 Take any action that Creo determines, in its sole discretion, imposes or may impose, an unreasonable or disproportionately large load on its infrastructure;
10.7 Upload invalid data, viruses, worms or other software agents through the Site and/or any of the other Creo Training Platform Services;
10.8 Impersonate any person or entity, use a fictitious name, or misrepresent your affiliation with a person or entity;
10.9 Participate in the Creo Training Platform, or use any of the other Creo Training Platform Services for any unlawful or inappropriate activities, such as gambling, obscenity, pornography, violence, transmission of deceptive messages, or harassment; or
10.10 Use any of the Creo Training Platform Services for any commercial solicitation purposes.
The Site and/or any of the other Creo Training Platform Services may now or in the future include links or references to other web sites or services (“Third-Party Sites”) solely as a convenience to our Users. These sites or services may include links to the information about education and other sites or services that we think may be of interest to our Users. Creo does not endorse any such Third-Party Sites or the services, information, materials, products, or services contained on or accessible through Third-Party Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through any of the Creo Training Platform Services are solely between you and such advertiser. Access and use of Third-Party Sites, including the information, materials, products, and services on or available through Third-Party Sites are solely at your own risk.
You are responsible for any mobile and data charges that you may incur in connection with participation in the Creo Training Platform and use of any of the other Creo Training Platform Services. If you’re unsure what those charges may be, you should ask your service provider before participating in the Creo Training Platform or using any of the other Creo Training Platform Services.
You agree that Creo in its sole discretion, for any or no reason, and without penalty, may terminate your participation in the Creo Training Platform or your access and use of any of the other Creo Training Platform Services and remove and discard all or any part of your information, at any time. Creo may also in its sole discretion and at any time discontinue providing access to the Creo Training Platform or any of the other Creo Training Platform Services, or any part thereof, with or without notice. You agree that any termination of your ability to participate in the Creo Training Platform, or access or use any of the other Creo Training Platform Services may be effected without prior notice, and you agree that Creo will not be liable to you or any third party for any such termination. Creo Training Platform reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Creo to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies that Creo may have at law or in equity. As provided herein, Creo does not permit copyright infringing activities on the Site or any of the other Services, and Creo shall be permitted to terminate participation in the Creo Training Platform or access to any of the other Creo Training Platform Services. BY ACCEPTING THESE TERMS, YOU WAIVE AND SHALL HOLD CREO HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY CREO DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER CREO OR LAW ENFORCEMENT AUTHORITIES.
Your only remedy with respect to any dissatisfaction with (i) the Creo Training Platform, the Site or any of the other Creo Training Platform Services, (ii) any term of these Terms or (iii) any policy or practice of Creo Training Platform in operating the Creo Training Platform, the Site or the other Creo Training Platform Services, is to terminate your participation in the Creo Training Platform and the use of the other Creo Training Platform Services. You may terminate your use of any of the Creo Training Platform Services at any time.
The Creo Training Platform, the Site and the other Creo Training Platform Services are owned and operated by Creo. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Creo Training Platform Services provided by Creo (the “Materials”) are protected by European Union copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on any of the Creo Training Platform Services are the property of Creo or its subsidiaries or affiliated companies and/or third-party licensors or content providers. All trademarks, service marks, and trade names are proprietary to Creo or its affiliates and/or third-party licensors. Except as expressly authorized by Creo, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Creo reserves all rights not expressly granted in these Terms.
You hereby grant to Creo a non-exclusive, worldwide, fully paid-up, royalty-fee, non-terminable, perpetual, irrevocable right and license to use, disclose, modify, reproduce, license, distribute, commercialize and otherwise freely exploit any feedback, comments, or suggestions that you provide with respect to the Creo Training Platform, the Site and/or the other Creo Training Platform Services and all related intellectual property, without restriction of any kind and without any right of accounting or compensation.
You agree to indemnify, defend, and hold Creo its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any third-party claims, losses, damages, or liabilities, including legal fees and expenses, arising out of your participation in the Creo Training Platform, your use or misuse of the Site or any of the other Creo Training Platform Services, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. Creo reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Creo and you agree to cooperate with Creo’ defense of these claims. Creo Training Platform will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CREO AND ITS FACILITATORS, AFFILIATES, CONTRACTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD-PARTY PARTNERS, LICENSORS AND SUPPLIERS (COLLECTIVELY, THE “CREO SCHOOL PARTIES”) DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED WITH RESPECT TO THE Creo Training Platform, THE SITE AND THE OTHER Creo Training Platform SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, CREO PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE Creo Training Platform, THE SITE OR THE OTHER Creo Training Platform SERVICES, WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE Creo Training Platform PARTIES OR THROUGH THE Creo Training Platform, THE SITE OR THE OTHER Creo Training Platform SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
YOU EXPRESSLY AGREE THAT THE Creo Training Platform, THE SITE AND ANY OF THE OTHER Creo Training Platform SERVICES, ANY DATA, ASSESSMENTS, RESULTS, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT, THIRD-PARTY SITE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH ANY OF THE Creo Training Platform SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
THE Creo Training Platform PARTIES DO NOT WARRANT THAT THE DATA, RESULTS, CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE Creo Training Platform, THE SITE OR ANY OF THE OTHER Creo Training Platform SERVICES OR ANY THIRD-PARTY SITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
EXCEPT AS SPECIFICALLY PROVIDED IN WRITING BY CREO, THE Creo Training Platform PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE PARTICIPATION IN THE Creo Training Platform OR THE USE OF ANY OF THE Creo Training Platform SERVICES OR ANY THIRD-PARTY SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, ASSESSMENTS, RESULTS OR DATA THROUGH THE Creo Training Platform, THE SITE OR ANY OF THE OTHER Creo Training Platform SERVICES OR ANY THIRD-PARTY SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR MOBILE DEVICES) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
UNDER NO CIRCUMSTANCES, INCLUDING, NEGLIGENCE, WILL THE Creo Training Platform PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR PARTICIPATION OR INABILITY TO PARTICIPATE IN THE Creo Training Platform, YOUR USE THE SITE OR ANY OF THE OTHER Creo Training Platform SERVICES OR ANY THIRD-PARTY SITE, OR ANY OTHER INTERACTIONS WITH CREO, ANY USER, EVEN IF CREO OR A CREO AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, CREO’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT WILL THE Creo Training Platform PARTIES’ TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO YOUR PARTICIPATION IN THE Creo Training Platform, ACCESS AND USE OF THE SITE OR ANY OF THE OTHER Creo Training Platform SERVICES OR THESE TERMS, OR YOUR INTERACTION WITH CREO, ANY FACILITATOR OR OTHER USER (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE GREATER OF (A) $100 AND (B) AN AMOUNT EQUAL TO THE TUITION (IF ANY) PAID BY YOU DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
If you have a dispute with any Users or other third parties, you hereby release Creo and the other Creo Training Platform Parties from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD-PARTY SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN CREO AND RECEIVED THROUGH OR ADVERTISED ON ANY OF THE Creo Training Platform SERVICES OR RECEIVED THROUGH ANY THIRD-PARTY SITES.
YOU ACKNOWLEDGE AND AGREE THAT CREO HAS OFFERED THE Creo Training Platform AND THE OTHER Creo Training Platform SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND CREO, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND CREO. CREO WOULD NOT BE ABLE TO AUTHORIZE PARTICIPATION IN THE Creo Training Platform OR ACCESS AND USE OF ANY OF THE OTHER Creo Training Platform SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
You agree not to import, export, re-export, or transfer, directly or indirectly, any part of the Creo Training Platform or any of the other Creo Training Platform Services or any underlying intellectual property, information or technology except in full compliance with all United Kingdom, foreign and other applicable export control laws and regulations.
Creo may provide you with notices, including those regarding changes to these Terms, by email or postings on any of the Creo Training Platform Services. Notice will be deemed given twenty-four hours after the email is sent, unless Creo is notified that the email address is invalid. Notices posted on any of the Creo Training Platform Services are deemed given 30 days following the initial posting.
The failure of Creo to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Creo.
If any provision of these Terms (including any Policies) is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
The parties agree that nothing in these Terms shall be construed as creating a joint venture, partnership, franchise, agency, employer/employee, or similar relationship between the parties, or as authorizing either party to act as the agent of the other. You are and will remain an independent contractor in your relationship to Creo. Nothing in these Terms shall create any obligation between either party and a third party.
These Terms and related Policies, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Creo without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
Upon termination of these Terms, your participation in the Creo Training Platform, your use of the Site or any of the other Creo Training Platform Services or your relationship with Creo any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 1, 2, 4.4 and 9 - 19.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
These Terms, together with the Privacy Policy and the Policies, are the entire agreement between you and Creo relating to the subject matter herein and will not be modified except by a change to these Terms or Policies made by Creo as set forth in Section 8 above.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
Creo is based in London, England, United Kingdom. Creo makes no claims that participating in the Creo Training Platform or that accessing or using or that any of the other Creo Training Platform Services or any of the content is accessible or appropriate outside of the United Kingdom. Participating in the Creo Training Platform or accessing or using the Site or any of the other Creo Training Platform Services may not be legal by certain persons or in certain countries. If you access any of these Creo Training Platform Services from outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Creo with respect thereto.
The communications between you and Creo use electronic means, whether you visit the Site or the other Creo Training Platform Services or send Creo e-mails, or whether Creo posts notices on the Site or the other Creo Training Platform Services or communicates with you via e-mail. For contractual purposes, you
(a) consent to receive communications from Creo in an electronic form; and
(b) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Creo provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
The foregoing does not affect your statutory rights.
The Creo Training Platform, the Site and the other Creo Training Platform Services are offered by EFFORTLESS 101 LTD, located at: UK, 128 City Road, London, United Kingdom, EC1V 2NX, Company number 13834570, and email: hello@joincreo.com.