TRAINING TERMS AND POLICIES
Effective September 25, 2019
Optimizely makes available a variety of training services (“Training”) to assist Customers with the use of Optimizely Services. Any Training purchased by Customer will be subject to the Governing Agreement specified in Customer’s Order Form and the following supplemental terms and conditions (the “Training Terms”). Any terms not expressly defined below have the same meanings as in the Governing Agreement.
1. OVERVIEW OF TRAINING SERVICES.
1.1 Classroom Training. Trainings designated as “Classroom Trainings” are in-person educational events offered at times and locations specified by Optimizely. Customer’s Order Form will indicate the number of Classroom Training credits Customer has purchased. Each Classroom Training credit permits one attendee to register for one day of Classroom Training, subject to Optimizely’s attendance limits for the event. Space is limited at Classroom Training, so customers must register for Classroom Training in advance. With twenty-four hours advance notice, Customer may change its registration to another Classroom Training event, subject to availability and the remaining terms and conditions in these Training Terms.
1.2 On-Site Training. Trainings designated as “On-Site Trainings” are in-person educational events held at Customer’s facilities. On-Site Training is sold on a per day basis; the number of days purchased will be specified in the applicable Order Form. Times, locations and topics for On-Site Training events will be mutually agreed upon by Customer and Optimizely following the purchase. Participation is limited to Customer’s employees and contractors who use the Optimizely Services, but the number of participants is solely up to Customer. Customer is responsible for providing an adequately sized class/meeting room to accommodate its participants and the Training instructors. Rescheduling requests must be made at least 14 days prior to the scheduled date.
1.3 Webinars. Trainings designated as “Training Webinars” are live training events provided by Optimizely remotely. Access to Training Webinars is sold in groups of five seats. Each seat has access to all Training Webinars scheduled to take place during the Training Webinar term (which may be designated as a number of months) specified in the Order Form.
2. TRAINING MATERIALS. The Training and related materials (“Materials”) provided to Customer are the property of Optimizely, but Optimizely grants Customer a worldwide, non-exclusive, non-transferable, non-sublicensable right and license to use these materials internally in connection with its use of the Optimizely Services. Customer will not (and will not permit any third party to): (a) rent, lease, sell, provide access to or sublicense the Materials to a third party; (b) use the Training or Materials to deliver training to any third party; or (c) remove or obscure any proprietary or other notices contained in the Materials.
3. FEES AND EXPENSES. Customer agrees to pay the applicable fees specified in the Order Form. For On-Site Training, Customer further agrees to reimburse Optimizely at cost for Optimizely’s travel, lodging and related expenses, unless otherwise specified in the Order Form. Payments of fees and expenses must be made in the currency and within the payment period specified in the applicable Order Form. All payments are non-refundable and payment obligations non-cancellable.
4. TERM AND EXPIRATION. Access to Training Webinars expires at the end of the Training Webinar term specified in the Order Form. Any other Training must be scheduled and completed within three (3) months of the Subscription Start Date, or Services Start Date as applicable, specified on the Order Form or before the end of Customer’s then-current Subscription Term for the Optimizely Service, whichever is sooner. Following this period, credits and purchases will expire regardless of the actual redemption or attendance at a Training event, and no refunds will be provided.
5. MISCELLANEOUS. Customer and its attendees are responsible for their own travel, expenses and costs in connection with attendance at any Training event. Subscriptions to the Optimizely Service are not provided with Training purchases. In addition to any limitations on liability and disclaimers in the Governing Agreement, Customer acknowledges and agrees that, to the maximum extent permitted by applicable law, the Training and related Materials are provided “AS IS” without warranty of any kind and that Optimizely will not be responsible or liable in any manner for the decisions or actions taken (or not taken) by Customer or its attendees arising from or relating to the Training or Materials. These Training Terms will govern in the event of a conflict with the Governing Agreement, but only with respect to its subject matter.
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