TERMS OF SERVICE AGREEMENT
LAST REVISION: November 2016
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the “Agreement”) governs your use of this website, https://iaasacademy.com (the “Website”), R AND Cloud Technologies (“R&D Cloud Technologies” or “R&D”) offer of products for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. R AND Cloud Technologies reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. R AND Cloud Technologies will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. R AND Cloud Technologies encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with R AND Cloud Technologies for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.
Terms of Offer. This Website offers for sale certain products (the “Products”). By placing an order for Products through this Website, you agree to the terms set forth in this Agreement.
Customer Solicitation: Unless you notify our third party call center reps or direct R AND Cloud Technologies sales reps, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations R AND Cloud Technologies and its designated in house or third party call team(s).
Opt Out Procedure: We provide 3 easy ways to opt out of from future solicitations. 1. You may use the opt out link found in any email solicitation that you may receive. 2. You may also choose to opt out, via sending your email address to: firstname.lastname@example.org
You may send a written remove request to R AND Cloud Technologies, No. 2G, Montieth Court, 63-97 Montieth Road, Egmore, Chennai, India – 600008
Proprietary Rights. R AND Cloud Technologies has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by R AND Cloud Technologies. R AND Cloud Technologies also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.
Content; Intellectual Property; Third Party Links. In addition to making Products available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites, about nutritional and dietary supplements. R AND Cloud Technologies does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that R AND Cloud Technologies does create the content on this Website, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. R AND Cloud Technologies does not endorse the contents on any such third-party websites. R AND Cloud Technologies is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
Use of Website; R AND Cloud Technologies is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website
License. By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from R AND Cloud Technologies or the applicable third party (if third party content is at issue).
Posting. By posting, storing, or transmitting any content on the Website, you hereby grant R AND Cloud Technologies a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. R AND Cloud Technologies does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. R AND Cloud Technologies is not liable for any damage or harm resulting from any posts by or interactions between users. R AND Cloud Technologies reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content R AND Cloud Technologies deems objectionable, at its sole discretion.
DISCLAIMER OF WARRANTIES
YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. R AND Cloud Technologies EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS. (“PRODUCTS” INCLUDE TRIAL PRODUCTS.)
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, R AND Cloud Technologies MAKES NO WARRANTY:
THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED.
REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
R AND Cloud Technologies ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED VIA THE WEBSITE.
R AND Cloud Technologies WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU
You will release, indemnify, defend and hold harmless R AND Cloud Technologies, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to R AND Cloud Technologies. When R AND Cloud Technologies is threatened with suit or sued by a third party, R AND Cloud Technologies may seek written assurances from you concerning your promise to indemnify R AND Cloud Technologies; your failure to provide such assurances may be considered by R AND Cloud Technologies to be a material breach of this Agreement. R AND Cloud Technologies will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of R AND Cloud Technologies choice at its expense. R AND Cloud Technologies will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend R AND Cloud Technologies against any claim, but you must receive R AND Cloud Technologies prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products
AGREEMENT TO BE BOUND
By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
Single User License
All products and services you purchase from R&D are intended for a single user (single user license). They are intended for you alone. You may access the product on multiple devices and from multiple locations for your personal use. For products that can be downloaded, you may download the product several times for your personal use and make backup copies of downloaded files. You may not: (1) Share usernames and/or passwords with other parties (2) Share download information / download links with other parties (3) Make R&D products available to other parties (4) Upload R&D products to file-sharing networks or any websites
Links to Third Party Sites
Links provided in any R&D websites or products that allow you to leave R&D products or websites are not under the control of R&D and R&D is not responsible for the contents, or any linked site, or any link contained in a linked site, or changes or updates to those sites. R&D provides these links as a convenience and the inclusion of any non-R&D link does not imply endorsement by R&D of the site.
R&D proactively communicates important information about its products to you via customer newsletters and R&D websites. Such information includes but is not limited to (1) discount coupons, (2) product expiration notices, or (3) upgrade offers. R&D will make reasonable efforts to communicate such information to you through these channels, however, R&D is not responsible if you do not receive and/or understand such information due to but not limited to (1) technical failure, (2) your request to be removed from mailing lists, (3) your failure to visit R&D websites to read notices, (4) your ignoring / not reading emails received from R&D, or (4) R&D emails marked as spam in your email inbox. In particular, you agree that (1) Claiming not to know about a specific offer after it has expired does not constitute your right to receive such an offer after it has expired. (2) You do not have the right to receive a free or discounted product upgrade if you miss the published deadline no matter what the circumstances.
Your privacy is important to us. On R&D (IaaS Academy) websites you can buy products, access our exam resources and subscribe to our e-newsletters. To help you make decisions about the information you provide anywhere on our sites, this notice has been provided to outline our practices.
(1) We use secure hosting accounts and other security measures to protect our database and any information provided.
(2) Any e-mail you receive from R&D or IaaS Academy will contain the option to unsubscribe at the end of the email. You can unsubscribe at any time.
(3) When you order a product, the information you provide will only be provided to outside parties if it is necessary to complete and deliver the order. Your information will never be shared or disclosed to other parties for any other reason.
(4) Non-identifying information may be used to improve the site or be shared with advertisers. For instance, information that is collected regarding traffic to the site or specific pages may be shared, but this will never include any identifying information.
(5) R&D also collects and records non-identifying information about website visitor behavior. This information is used to enhance user experience and is not shared with anyone.
R&D does not make claims or assurances that the use of its products will guarantee that you will pass any credential or certification exam.
All content and materials available as part of R&D products and on R&D websites, including but not limited to text, graphics, product name, website name, code, images and logos are the intellectual property of R&D and are protected by applicable copyright and trademark law. Any inappropriate use, as specified in this agreement including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by R&D.
For Product: The AWS Exam Simulator
Our AWS Exam Simulator provides access to a number of individual exams at fixed cost which can be taken up to 5 times. There is no time limit to these exams and as such you can retake the exams up to 5 times, anytime. Additional retakes can be purchased as required. The initial access period (up to 5 retakes) begins from the day when you purchased the subscription to the simulator. The AWS Exam Simulator cannot be downloaded. The AWS Exam Simulator is intended for use on a desktop, laptop, mobile or tablet device.
Money back guarantee for Customers who did not Pass the AWS Exam
R&D does not make claims or assurances that the use of its products will guarantee that you will pass any credential or certification exam. These are practice exam questions only, and can be used to help you prepare for the AWS Certification much like any course or study material.
Customers of AWS Certified Solutions Architect Associate Practice Exams and the AWS Certified Developer Associate Practice Exam, who unfortunately didn’t pass the official AWS Exam for the same certification, receive a 100% refund of cost incurred for our practice exams only. To qualify for a refund, you must meet all of the following criteria and follow the process steps below:
- You have purchased and taken all 3 Complete exams (Exam A, Exam B and Exam C) and scored 80 or above in all 3 exams.
- You have taken your official AWS Certified Solutions Architect Associate exam within 15 days of taking and passing the above three practice exams
- You did not ask for a refund on your account.
- You took your AWS exam but didn’t pass it.
- You must follow these steps to request a refund to the AWS Exam Simulator:
- Send a request email to email@example.com within 10 days of the failed exam attempt.
- Requests received greater than 10 days after a failed attempt will not be honored.
- Attach a scanned version of your AWS Exam Score Report to the request email.
- In the email please tell us the first name, last name and email address from your simulator account. R&D will review your request, verify that you meet all the criteria and inform you of the decision.
- R&D will only refund your subscription if you meet all the criteria and followed the process steps. Only the main exam cost will be refunded. Additional retakes that are purchased above the initial 5 retake offer will not be refunded.
- Note that refunds can only be made via PayPal for customers across the globe. Refunds to customers in India can be made using NEFT and PAYuMoney only
Force Majeure. R AND Cloud Technologies will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation. R AND Cloud Technologies may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
Entire Agreement. This Agreement comprises the entire agreement between you and R AND Cloud Technologies and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of R AND Cloud Technologies to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement 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 this Agreement remain in full force and effect.
Governing Law; Jurisdiction. This Website originates from the [City, State]. This Agreement will be governed by the laws of the State of [Law State Name] without regard to its conflict of law principles to the contrary. Neither you nor R AND Cloud Technologies will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of [State Name]. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination. R AND Cloud Technologies reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and R AND Cloud Technologies may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, R AND Cloud Technologies reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until R AND Cloud Technologies chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use. R AND Cloud Technologies makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment. You may not assign your rights and obligations under this Agreement to anyone. R AND Cloud Technologies may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE
TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Copyright and Disclaimer
R AND D Cloud Technologies
No.2G, 2nd Floor, Montieth Court
63-97 Montieth Road
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