Terms and Conditions

• You agree that we can change these terms and conditions in the future.
• You will not copy or distribute our course materials, videos or practice test questions.
• You will not “include” others in the course. You need to pay for another seat in the class.
• You agree to be nice in communicating with other in the class (no vulgarity, or attacks) and will not recruit others in the class.
• You agree that there is no official warranty.

We have greatly invested our time and resources in producing this site and these materials and they are made available only to those who will comply with these Terms.

1. Guarantee: it is our commitment to you to help you pass the Solution Specialist certification. We have invested much into this course to achieve this, and continue that investment through this guarantee. We have worked to limit the number of conditions for the guarantee, which are listed below. If you fail your test (after qualifying for the below conditions), we will refund you, up to the total paid for the course, the amount to retake the Solution Specialist test. Here are the conditions:
   1. You must take the test within a month after the delivery of the last lesson (for the 6-week course) or 2 months after receiving all lessons at one time.
   2. You must complete all course work and email it (as detailed in the lesson instructions) to Joseph Maxwell ([email protected]) every week (6-week course), or as you are able to complete it (immediate delivery).
      
2. Changes to these terms of use are binding. We will change these Terms of Use as needed without advance notice. Your use of the Site or any of its content after any changes have been made will constitute your agreement on a prospective basis to the modified Terms of Use and all of the changes. Therefore it would be reasonable that you should read these Terms of Use occasionally to stay current with any changes.
3. Copyright and other protection. The Site Content; consisting of video material, audio material, text, images, graphics, downloadable and other content available on the Site (collectively, the “Content”) are protected by copyright, and other laws. The Content consists in part of a series of SwiftOtter produced videos. SwiftOtter owns the copyright and other rights in the Site and the Content. You may use the Site and the Content only in the manner and for the purposes specified in these Terms of Use.
4. Use of the Site and Content—permissions and restrictions. You may only make noncommercial uses of the Site and the Content. You may access the SwiftOtter Course Videos only if you are enrolled and for your own personal use. Under NO circumstances may you retransmit, publish, distribute, display or otherwise make available any of the Course Videos or other Content to others. In no event may you alter or modify the Course Videos or any other Content, including, without limitation, by adding any advertisement or other material or by interfering with the viewing of any Content. You agree to retain all copyright and other notices on any Content you obtain from the Site. None of the foregoing restrictions will apply to your own User Content (as defined below).
5. Fair use and other lawful uses. Nothing in Section 3 above is intended to restrict you from making uses of Course Videos that, in the absence of permission granted under these Terms of Use, would not infringe or violate SwiftOtter’s or anyone else’s copyright, trademark, or other rights.
6. Reserved rights; no violation of law or others’ rights. All rights in the Site and the Content that are not expressly granted are reserved. You agree to use the Site and the Content only in ways that comply with all applicable laws, as well as with these Terms of Use, and that do not infringe or violate anyone’s rights.
7. User/client/student accounts; account termination policy. When enrolling in a course or registering an account, you commit that the information provided is factual and complete. You are responsible for the activity that occurs on your account, and you agree to keep your account password secure. You agree to notify us immediately of any unauthorized use of your account. You may not use another’s account without permission, nor will you let someone else use yours. You may not download or copy any videos without express permission from SwiftOtter. We will terminate your account in appropriate circumstances if you are determined to be a repeat infringer. We also may terminate your account if you violate any provision of these Terms of Use or fail to comply with our requests concerning your account.
8. User submissions and rules of conduct. Account holders will be able to participate in the online course discussion forum you are enrolled in until course is withdrawn or you have been provided additional time. You may submit or post comments, profiles and/or other content on the Site (collectively, “User Content”). You are solely responsible for any User Content you post or submit to the Site, and for the consequences of posting or submitting it. By posting or submitting User Content to the Site, you grant us a nonexclusive, worldwide, irrevocable, fully paid, perpetual license to use, reproduce, prepare derivative works of, distribute, display, perform, and otherwise make available your User Content in connection with the Site and for our broader educational purposes, including without limitation for promoting or redistributing part or all of the Site (and derivative works thereof) in any manner or media, and to authorize others to do the foregoing. By posting or submitting User Content to the Site, you represent and warrant that you have the right to grant us the foregoing rights, and that neither your User Content nor our use of it as permitted under the foregoing license will infringe or violate anyone’s rights. You agree not to submit or post any content, or engage in any other activity in connection with the Site, that:
   
   • Uses any type of vulgarity or offensive language
   • Attempts to recruit or hire other members of the class
   • Infringes anyone’s copyright, patent, trademark or other proprietary rights, or rights of privacy or publicity
   • Violates any law or regulation
   • Is intentionally false or misleading
   • Defames, threatens, or harasses anyone
   • Is harmful, dangerous, abusive, or offensive
   • Is obscene or contains pornography
   • Contains or utilizes any computer virus, other malicious code, or program that may damage or interfere with the operation of any system, or may unlawfully intercept any data or personal information
   • Contains or consists of advertising or any form of commercial solicitation or activity
   • Otherwise interferes with the functioning of the Site or other users’ use or enjoyment of the Site
9. Although we will have no obligation to monitor or take action with respect to User Content, we reserve the right to remove any User Content that we believe violates the above standards or any other provision of these Terms of Use, and to terminate the applicable user’s account and right to use the Site, in addition to any other rights or remedies available to us. We do not approve or endorse any User Content, and you agree that we will have no responsibility or liability in connection with your use of any User Content.
10. Disclaimer of warranties. THE SITE AND THE CONTENT ARE PROVIDED “AS IS.”. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR COLLABORATORS, LICENSORS, CONTENT PROVIDERS AND DISTRIBUTORS (COLLECTIVELY, OTHER THAN PROVIDERS OF USER CONTENT, OUR “COLLABORATORS”) DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE) REGARDING THE SITE OR THE CONTENT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE AND OUR COLLABORATORS MAKE NO WARRANTY ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, SUFFICIENCY OR QUALITY OF THE SITE OR THE CONTENT, NOR THAT ANY PARTICULAR CONTENT WILL CONTINUE TO BE MADE AVAILABLE. WE DO NOT APPROVE OR ENDORSE ANY USER CONTENT OR CONTENT PROVIDED BY OTHERS. NEITHER WE NOR OUR COLLABORATORS WARRANT THAT THE SITE WILL OPERATE WITHOUT ERROR OR INTERRUPTION, OR THAT THE SITE OR ITS SERVER IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIALS.
11. Indemnity. You agree to indemnify and hold harmless SwiftOtter and employees, from and against all claims, actions, suits, damages, liabilities, and costs (including, without limitation, reasonable legal fees) arising from or relating to your use of the Site or any of the Content, your provision of any User Content, and/or your failure to comply with any provision of these Terms of Use.
12. Links to other sites. Links on the Site to third-party web sites are provided solely as a convenience to you. We do not approve or endorse the content of linked third-party sites, and you agree that we will have no responsibility or liability in connection with your use of any linked third-party sites.
13. Copyright complaints. Use the Contact form on our site.
14. Applicable law and jurisdiction; State of Kansas.
15. Termination; discontinuation of Site or elements. The rights granted to you hereunder will terminate automatically upon any breach by you of these Terms of Use, unless we otherwise specifically agree in writing, but the other provisions of these Terms of Use will survive any such termination. We reserve the right at any time in our sole discretion to cease providing any Content, to change or discontinue any aspect or element of the Site, or to cease making the Site available.
16. Eligibility. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and that you are fully competent to use the Site and to enter into and comply with these Terms of Use. In any case, you affirm that you are at least 13 years of age, as the Site is not intended for children who are under 13 years of age. Use of the Site by anyone under 13 years of age is not authorized.
17. General. If any provision of these Terms of Use is held to be invalid or unenforceable, that provision, to the extent unenforceable, shall be struck, and shall not affect the validity or enforceability of the remaining provisions. Your rights under these Terms of Use are personal, nonexclusive and nontransferable. Headings are for reference purposes only and in no way define or limit the scope or extent of any provision of these Terms of Use. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Except as otherwise expressly provided in these Terms of Use, nothing herein shall be deemed to confer any third-party rights or benefits. We may change these Terms of Use from time to time without advance notice. Your use of the Site or any of the Content after any changes have been made will constitute your agreement on a prospective basis to the modified Terms of Use and all of the changes. These Terms of Use set forth the entire understanding and agreement between you and us with respect to the subject matter hereof.