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In consideration of your use of the Service, you represent that you are not a person barred from using the Service under the laws of any applicable jurisdiction. You also agree to (a) provide accurate, current and complete information about yourself as may be prompted by any registration forms on the Service (hereinafter “Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data and any other information you provide to Cornerstone in order to keep it accurate, current and complete; and (d) be responsible for all use of your account and for any actions that take place using your account. If you provide any information that is untrue, inaccurate, not current or incomplete or if Cornerstone has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Cornerstone has the right to suspend or terminate your account and refuse any and all current or future use of the Service.
You are responsible for all activity taking place on your account and shall abide by all applicable local, provincial, federal and foreign laws, treaties and regulations in connection with your use of Cornerstone, including (without limitation) those related to data privacy. You may never use another user’s account without permission. You must notify Cornerstone immediately of any breach of security or unauthorised use of your account. Cornerstone will not be liable for your losses caused by any unauthorised use of your account, but you will be liable for the losses incurred by Cornerstone or others due to such unauthorised use. All usernames and passwords remain the property of Cornerstone and may be cancelled, changed or suspended by Cornerstone at any time without notice. Cornerstone is not under any obligation to verify the actual identity or authorisation of the user of any username or password.
By providing your e-mail address to Cornerstone, you consent to us using that e-mail address to send you Service-related notices, including any notices required by law, instead of communication by post. We may also use your e-mail address to send you other messages, including changes to features of the Service and special offers. If you do not want to receive such e-mail messages, you may opt out by changing the preferences in your account settings. Opting out may prevent you from receiving e-mail messages regarding updates, improvements or offers.
The following definitions apply to material on the Service:
The Service and the Site Content are the property of Cornerstone, its users or its licensors, with all rights reserved. Neither the Service nor any Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without Cornerstone’s prior written permission.
Your rights to use Third-Party Content are governed by the applicable Third-Party licence terms that are established by those Third Parties from time to time.
From time to time, Cornerstone may offer a limited-term campaign to specific Cornerstone clients and other companies or individual users to participate in free online training (a “Digital Learning Event”). These courses will be selected by Cornerstone and will include a subset of Cornerstone’s course catalogue from a variety of course publishers. The following additional terms apply to Digital Learning Events in which you participate:
Cornerstone will retain the information for five (5) years unless, where applicable, you specifically opt out of the Digital Learning Event programme by sending an e-mail to email@example.com.
“Cornerstone”, “Cornerstone OnDemand” and other Cornerstone graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Cornerstone. Trademarks and trade dress used by Third Parties in association with the sale or licence of their goods or services on the Service are the property of the respective owners.
Such trademarks and trade dress may not be used (including use as part of trademarks and/or as part of domain names) in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated or used in whole or in part without the prior written permission of the respective owners.
You agree that you will not:
You are solely responsible, at your own cost and expense, for creating backup copies and replacing any User Content you post or store on the Service or provide to Cornerstone. When you post User Content to the Service, you authorise and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Service.
You agree that by utilising and/or accessing the Service you will not
You understand that by using the Service you may be exposed to Content that you consider to be offensive, indecent or objectionable. You acknowledge that Cornerstone does not pre-screen User Content or Third-Party Content. You agree that you must evaluate and bear all risks associated with the use of any Third-Party Content or Site Content, including any reliance on the accuracy, completeness or usefulness of such Content.
Cornerstone respects the intellectual property and other rights of others and we ask you to do the same. You are prohibited from uploading, posting or otherwise transmitting on or through the Service any Content that violates another party’s intellectual property and other rights. Cornerstone is not responsible for the conduct of its users and bears no responsibility or liability for User Content or for the loss or corruption thereof.
It is Cornerstone’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who infringe or repeatedly infringe the copyrights or other intellectual property rights of Cornerstone and/or others.
If you believe that your copyrighted work has been copied in a way that constitutes a copyright infringement and is accessible via the Service, please notify Cornerstone’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing:
The above information must be submitted to the following DMCA Agent:
Attn: DMCA notice
Cornerstone OnDemand, Inc.
Address: 1601 Cloverfield Blvd., Suite 600 South
Santa Monica CA 90404
Telephone: (310) 752-0200
Fax: (310) 496-1654
UNDER FEDERAL LAW, IF YOU KNOWINGLY MAKE A MISREPRESENTATION THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS AND LAWYERS' FEES.
The preceding requirements are intended to comply with Cornerstone’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. Please note that this procedure is exclusively for notifying Cornerstone and its affiliates that your copyright material has been infringed. It may be advisable to contact a lawyer regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Cornerstone has adopted a policy of terminating (in appropriate circumstances and at Cornerstone’s sole discretion) users who are deemed to be repeat infringers. Cornerstone may also at its sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
You are solely responsible for your interactions with other users of the Service. Parties to a Third-Party Transaction are solely responsible for all interactions with each other, for arranging for payment and the exchange of the goods or services purchased if applicable, and for the results and performance of any transaction or relationship entered into with Third Parties through the Service. Purchases of products or services from Third Parties through Cornerstone are subject to the terms of sale of those Third Parties, as those transactions are strictly between you and the other party to the transaction.
You acknowledge that Cornerstone and its subsidiaries, affiliates, officers, directors, shareholders, agents, licensors, suppliers, co-branders or other partners, employees, successors and assignees (hereinafter the “Cornerstone Parties”) are not responsible or liable for any action or inaction of any Third Party regarding a transaction, for any failure to perform, to pay any amounts due, or to deliver any merchandise or services as promised, or for any other aspect of a Third-Party Transaction. The capability to conduct Third-Party Transactions or otherwise deal with Third Parties through the Service is provided by Cornerstone “as-is” and any such transactions and dealings are at your own risk. You agree that you are solely responsible for establishing Third Party Licence Terms for any User Content provided by you to the Service and that Cornerstone has no responsibility or liability for any breach by Third Parties of such Third Party Licence Terms and that you are solely responsible for this.
Cornerstone may from time to time charge fees for the use of the Service. Our fees, if any, are available on the Service. Unless otherwise stated, our fees are quoted in US dollars. You and/or your organisation are responsible for paying all fees associated with the use of the Service through your account and for all applicable taxes.
In addition, Third Parties may charge fees for Third-Party Content that they provide through the Service. The fees and prices charged by Third Parties are available in their listings in our marketplace. Certain taxes and government charges may be payable in relation to purchases you make from Third Parties through the Service. Cornerstone is not responsible for any transaction between you and such Third Parties, and we consequently have no control over the quality, safety or legality of the items or services advertised, the truth or accuracy of any descriptions, or the ability of sellers to sell or buyers to pay. We accept no responsibility for such taxes and government charges.
Recognising the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data in the country, jurisdiction, state and locality in which you reside. Cornerstone makes no representations that the Service is appropriate or available for use in your location. Access to the Service from your jurisdiction is at your own risk and you are responsible for compliance with local law.
We may provide, or third parties may provide, links to other worldwide web sites or resources. Because Cornerstone has no control over such sites and resources, you acknowledge and agree that Cornerstone is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Cornerstone shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
IN NO CIRCUMSTANCES SHALL CORNERSTONE, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES; (III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CORNERSTONE’S MAXIMUM TOTAL LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION SHALL AT ALL TIMES BE LIMITED TO THE LESSER OF (I) THE AMOUNT (IF ANY) PAID BY YOU TO CORNERSTONE FOR THE SERVICE DURING THE TWELVE MONTHS PRIOR TO THE DATE THE CLAIM(S) AROSE; OR (II) THE SUM OF ONE THOUSAND DOLLARS ($1,000). THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT EXPAND ANY SUCH LIMITATION. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO CORNERSTONE FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM THE CORNERSTONE PARTIES, REGARDLESS OF THE CAUSE OF ACTION. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT CORNERSTONE SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Force Majeure. Cornerstone shall not be responsible to you as a result of any delay or default in carrying out its obligations hereunder that is due in whole or in part to an event beyond of the control of Cornerstone.
Language. Cornerstone may provide translations of these terms or other terms or policies. Translations and localised versions are provided for informational purposes. In the event of inconsistency or conflict between a translation or localised version and the US English version, the US English version will prevail.
Please report any violations of the Agreement to:
1601 Cloverfield Blvd., Suite 620S
Santa Monica, CA 90404
United States of America
Attn: General Counsel
Copyright 2020 Cornerstone OnDemand, Inc. All rights reserved.