EC-COUNCIL LEARNING TERMS OF SERVICE

PLEASE READ THIS TERMS OF SERVICE (“AGREEMENT”) CAREFULLY BEFORE ACCESSING/USING THE SERVICE. BY ACCESSING, OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT, ACCESS, OR USE THE SERVICE. THESE TERMS OF SERVICE ARE IN ADDITION TO THE TERMS OF THE USE LOCATED HERE.

“Account” :” shall mean the e-learning account created by the Subscriber on the Platform.

“Customer”: shall mean the individual or entity entering into an agreement with EC-Council for the purchase of Services for their themselves or their employees.

“CyberQ”: is EC-Council’s autonomous, big data, advanced cyber range solution that is focused on reinventing cybersecurity skill development by providing a purpose-built cyber range platform that measures and curates’ cybersecurity skillsets for individuals, teams, and organizations.

“Data Subject” :is an identifiable natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

“Intellectual Property Rights”:means any right in copyright, database rights, trade secrets, trademarks, tradename, logos, service marks, symbols, trade dress, design, circuit layout, know-how, show-how, plans, studies, concepts, methods, proposals, mathematical models, materials, articles, analysis, trial results, patents, and all rights and forms of protection of a similar nature or having equivalent effect to any of them which may subsist anywhere in the world, whether or not registered and including applications for registration of any of them, and including without limitation all and any goodwill inherent or generated in any of them.

“Order Form” :means the documents for placing orders executed mutually between EC-Council and the Customer from time to time, specifying the Services purchased, the number of licenses purchased, the fees payable by the Customer for the Services and any other details of the order.

“Personally Identifiable Data/Personal Data and/or Sensitive Data”:means any information relating to an identified or identifiable natural person ('Data Subject').

“Platform”:shall mean the EC-Council Learning platform used for accessing our Services and viewing and subscribing to video course.

“EC-Council Learning Service/Service(s)”:shall mean EC-Council Learning services that provides you with the ability to discover and have access to EC-Council Learning’s e-library comprising of video courses, labs, awareness training programs, credentialing, and degree programs, Learning Paths.

“Users”:shall mean and include you, or an individual who, subscribes, uses and accesses our Service, under the terms of an agreement, which may be this Agreement, or any other agreement formally entered into between the EC-Council and your organization.

“User Content”:shall mean information, materials, etc. provided by User regardless of form, including (without limitation) its email, feedbacks, reviews, email address, etc, in connection with the use of the Service.

EC-Council Learning provides personalized service in the manner as provided below (“Services’). These EC-Council Learning Services are provided for discovering, and watching EC-Council Learning content, including all features and functionalities, recommendations and reviews, the website, and user interfaces and allows you to access certain websites with video recordings, in the form of learning videos, research paper, blogs, webinar, labs and any other online learning material which are applicable to the members to continue the path of learning in the field of cybersecurity. Your access and use of EC-Council Learning Services is governed by this Agreement.

This Terms of Service is a legal agreement between EC-Council International Limited (“EC-Council”/ “We”/ “Us”) and “you” (“Subscriber” or “you”) for access and use of the Service.

WHEN YOU ACCESS OR USE THE SERVICE OR AUTHORIZE OR PERMIT ANY USER, INCLUDING A THIRD-PARTY TO ACCESS OR USE SERVICE, THE TERMS OF THIS AGREEMENT APPLY. IN THE EVENT THIS SERVICE IS PURCHASED BY CUSTOMER ON BEHALF OF ITS EMPLOYEES, THE CUSTOMER REPRESENTS THAT CUSTOMER IS LIABLE FOR THE ACTS AND OMISSIONS UNDER THIS AGREEMENT FOR ALL OF ITS EMPLOYEES.

These Terms of Service govern your use of the Service and the subscription to the applicable package. The terms of subscription for the Enterprise package shall be governed by the additional agreement signed between the entity and EC-Council.

1.Definitions

Your privacy is important to us. Please read the EC-Council privacy policy (the "Privacy Policy") as it describes the types of data, we collect from you, how we use your data and the legal bases we have to process your Data. The Privacy Policy also describes how EC-Council uses your content. Where processing is based on consent and to the extent permitted by law, by agreeing to these Terms, you consent to EC-Council’s collection, use and disclosure of your content and data as described in the Privacy Policy.

3.Your Privacy.

EC-Council reserves all rights with respect to these Terms. This includes any modifications to the Terms by EC-Council, which may or may not be notified to you. You are encouraged to periodically check these Terms for any updates. Your continued usage of the Services will constitute as your acceptance of the same. Please read the Terms of Service carefully and if you wish not to continue using the Services with the revised terms, you may discontinue using the Services accordingly.

2.Right to make Changes to the Terms of Service.

You may also opt out of providing your data to EC-Council or third parties, as provided in the Privacy Policy. However, the provision of EC-Council Services may be impacted accordingly.

For organisations who wish to take EC-Council Learning Services, EC-Council offers two packages: EC-Council Learning Cyber Pro and EC-Council Learning Cyber Pro Plus. The details of the package such as pricing, components shall be encompassed in the formal agreement signed between the parties.

4.Subscription Tiers

Individual subscription: Users wishing to subscribe to the Services can either subscribe to an individual course, a learning path or EC-Council Learning’s e-library. The details of the subscription such as pricing, components shall be made available to you upon subscription.

Enterprise Subscription: For organisations who wish to take EC-Council Learning Services, EC-Council offers two packages: EC-Council Learning Cyber Pro and EC-Council Learning Cyber Pro Plus. The details of the package such as pricing, components shall be encompassed in the formal agreement signed between the parties.

EC-Council Learning offers the following subscriptions, and you may opt for any of the subscriptions based on your requirements:

5.Trial/Demonstration:

We may provide Users with a trial of the monthly or the annual subscription for a period of seven (7) days to assist you in evaluating the Services and facilitating your decision to subscribe to a Service for a nominal fee of USD One ($1). All demonstrations and trails are provided on an as-is and as-available basis. The Services provided during the trial period may not contain all the functionalities of the paid Services and in order to avail all the functionalities of the Service, you will have to subscribe to the paid Services. If you provide us with any feedback during the trial period, you agree that any such feedback is owned by EC-Council, and we shall have the right use the feedback in any manner and without limitation, attribution, or compensation in any form. All such feedback shall be our Confidential Information. During the trial/demonstration period, none of the rights granted in these terms will be applicable to you. However, you need to adhere to all licensing terms, limitations, obligations, conditions and covenants. You can learn more about trial at https://codered.eccouncil.org/pro?logged=false.

6.Intellectual Property:

You agree that all the materials, documents, products, and services, including all copyrights, trademarks, patents, trade secrets and other intellectual property, whether registered or un-registered, or in the application process developed by EC-Council and provided through Services are the property of EC-Council, its affiliates, directors, officers, employees, agents, suppliers, or licensors.

You acknowledge that the software, the technology underlying our Services, and all other software, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, and other data or copyrightable materials, including the selection and arrangements thereof, provided or made available to you in connection with the Service are the proprietary property of EC-Council and/or its affiliated and/or third party providers and suppliers (the "Third Parties"). Unless otherwise specified, when any content is downloaded to your computer and/or any other device, you do not obtain any ownership interest in such content or any use of the content for any other purpose. EC-Council reserves all rights not expressly granted to you.

By agreeing to these Terms, you agree that you will not reproduce or redistribute EC-Council’s Intellectual property in any way.

7.Grant of license by EC-Council and limitations:

Grant: Subject to the terms and conditions set forth in this Agreement, EC-Council grants you a limited, worldwide, non-exclusive, revocable, non-transferable license to use the Services solely for your personal, non-commercial, educational purposes only, as per the terms contained in this Agreement. You are prohibited from modifying, altering, reproducing, assigning, selling, editing, broadcasting, creating derivative works or using the license in any way that is not expressly granted to you under this Agreement. This restriction applies to all Services. If you violate any of the terms, your rights under this Agreement will immediately terminate, and we will terminate your access to the Service or your Account without any refund. This remedy will be in addition to any other remedies we may have under law. If you have purchased a subscription that allows you access to labs, then you will be redirected to https://cyberq.eccouncil.org/ and the terms of End User License Agreement (EULA) available at https://www.cyberq.io/privacy shall additionally govern your terms of use of the Services.

Limitations: You will use EC-Council Learning Services in compliance with applicable law and you acknowledge that you shall not:

reverse engineer, modify, decompile, or disassemble, modify, adapt, translate, copy EC-Council Learning Service either whole or in part and/or any associated documentation (ii) reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, capture, download, save, upload, print, or otherwise retain information and content available on the Platform and provided to you through EC-Council Learning Services; (iii) permit unauthorized access to your account; (iv) remove, delete, obfuscate or modify any trademark or copyright notices and/or legends; (v) use EC-Council Learning Services to violate the security or integrity of any network, computer or communications system, or breach the security mechanisms of the Platform. Such behavior may result in criminal or civil liability; (vi) attempt to gain unauthorized access to the Platform or assist others to do so; (vii) post to the discussion forums or any other portion of the Platform any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory, or libelous content (viii) archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Service) content and information contained on or obtained from or through the EC-Council Learning Services (ix) circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the EC-Council Learning Services; use any robot, spider, scraper or other automated means to access the EC-Council Learning Services; (x) decompile, reverse engineer or disassemble any software or other products or processes accessible through the EC-Council Learning Services; (xi) insert any code or product or manipulate the content of the EC-Council Learning Services in any way; or use any data mining, data gathering or extraction method; (xii) upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the EC-Council Learning Services, including any software viruses or any other computer code, files or programs.

8.Grant of license by the User:

You shall be solely responsible for the accuracy of all User Content provided in connection with your use of EC-Council Learning Services. You grant EC-Council a limited, non-exclusive, irrevocable, and non-transferable right to use the User Content solely for the purpose of accessing and using EC-Council Learning Services. When accessing and using EC-Council Learning Services, you shall not include User Content that is illegal, harmful, obscene, offensive, inappropriate, libelous, tortious, defamatory, threatening, abusive, objectionable, infringing, hateful or that violates any applicable law or regulation, contract, or privacy or other third party right, or that otherwise exposes EC-Council to civil or criminal liability. The Services may not be used in a manner which purposely alters or forges your identity for the purposes of creating a deception or impersonating identity information.

EC-Council does not claim ownership of the materials you provide to EC-Council (including feedback and suggestions) or post, upload, input or submit to any EC-Council Website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submissions you are granting EC-Council, its affiliated companies and necessary sublicensees permission to use your Submissions in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submissions.

No compensation will be paid with respect to the use of your Submissions, as provided herein. EC-Council is under no obligation to post or use any Submissions you may provide and EC-Council may remove any Submissions at any time in EC-Council’s sole discretion. By posting, uploading, inputting, providing or submitting your Submissions you warrant and represent that you own or otherwise control all of the rights to your Submissions as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions

9.Account and Password:

(a)To access EC-Council Learning Services, Users need to create an account. The Account will allow Users to access EC-Council Learning Services and also pay for their subscription. Users are responsible for all activities that occur through their accounts, including payments, or any harm or damage to EC-Council or any third party, including harm caused by an unauthorized use by a third-party of the account. To maintain control over the Account and to prevent unauthorized use of the Account (which would include information on viewing history for the Account), the User should maintain control over the computing devices that are used to access EC-Council Learning Service and not reveal the login credentials including password or any other details such as the payment method associated with the Account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your Account. We can terminate your Account or place your account on hold to protect you, EC-Council Learning or our partners from identity theft or other fraudulent activity.

You will ensure that you must keep the credentials (e.g., usernames and passwords) in connection with the use and access of EC-Council Learning Service confidential and not disclose any such credentials to any third party. Each User credential shall be unique and allow only one User to access EC-Council Learning Service and/or Platform. You shall not share your credentials at any cost with any other User and/or with any third party. In addition, you shall notify us immediately upon the accidental disclosure of any such credentials, so that we can guide you how to change such credentials or on way forward. EC-Council is not responsible for (i) your access to the Internet, (ii) interception or interruptions of communications through the Internet, (iii) changes or losses of data through the Internet, or (iv) your hardware capacity and/or its conditions to run such EC-Council Learning Service.

10.Covenants by you:

You will comply with all applicable laws and regulations pertaining to EC-Council Leaning Services including without limitation the applicable data protection laws such as GDPR including its amendments from time to time and the protection of trademarks and copyrights.

You agree to use and access EC-Council Learning Services, including all features and functionalities associated therewith, in accordance with all applicable laws, rules, and regulations, or other restrictions on the use of the service or content therein. We may terminate or restrict your use of our EC-Council Learning Services if you violate these terms of service or are engaged in the illegal or fraudulent use of EC-Council Learning Services.

The quality of the display of the EC-Council Learning content may vary from device to device and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD, Ultra HD, and HDR availability are subject to your Internet service and device capabilities. You are responsible for all Internet access charges. Please check with your ISP for information on possible Internet data usage charges. The time it takes to begin watching EC-Council Learning content will vary based on several factors, including your location, available bandwidth at the time, the content you have selected and the configuration of your EC-Council Learning ready device.

EC-Council Learning software is developed by, or for, EC-Council Learning and is designed to enable viewing of EC-Council Learning content through EC-Council Learning ready devices. This software may vary by device and medium, and functionalities and features may also differ between devices. You acknowledge that the use of the service may require third party software that is subject to third-party licenses. You agree that you may automatically receive updated versions of the EC-Council Learning and related third-party software.

You acknowledge that EC-Council will suggest learning paths to you based on the information and preferences you provide regarding your skills and desired career path. However, EC-Council will not be held accountable or liable for any Learning Paths you choose to purchase. It is your sole responsibility to assess the appropriateness of a Learning Path in relation to your skills and career path. EC-Council provides recommendations, but the final decision and suitability of the Learning Paths rests with you. No refunds shall be provided in this situation.

11.Code of Conduct:

By agreeing to these Terms, you’re agreeing that, when using the Services, you will follow these rules:

Don’t do anything illegal.

Don’t engage in any activity that exploits, harms, or threatens to harm children.

Don’t send spam or engage in phishing. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), instant messages or similar electronic communications. Phishing is sending emails or other electronic communications to fraudulently or unlawfully induce recipients to reveal personal or sensitive information, such as passwords, dates of birth, National Insurance Numbers, Social Security Number, passport numbers, credit card information, financial information or other sensitive information, or to gain access to accounts or records, exfiltration of documents or other sensitive information, payment and/or financial benefit.

Don’t publicly display or use the Services to share inappropriate content or material (involving, for example, nudity, bestiality, pornography, offensive language, graphic violence or criminal activity) or your content or material that does not comply with local laws or regulations.

Don’t engage in activity that is fraudulent, false or misleading (e.g. asking for money under false pretences, impersonating someone else, manipulating the Services to increase play count, or affect rankings, ratings or comments) or libellous or defamatory.

Don’t circumvent any restrictions on access to or availability of the Services.

Don’t engage in activity that is harmful to you, the Services or others (e.g. transmitting viruses, stalking, posting terrorist or violent extremist content, communicating hate speech or advocating violence against others).

Don’t infringe upon the rights of others (e.g, unauthorised sharing of copyrighted music or other copyrighted material).

Don’t engage in activity that violates the privacy or data protection rights of others.

Don’t help others break these rules.

Don’t attempt to reproduce, duplicate, copy, sell, resell, exploit EC-Council Services for any commercial purpose without the prior written consent of EC-Council.

Don’t frame techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of EC-Council without prior express written consent of EC-Council.

Don’t use any meta tags or any other “hidden text” utilizing EC-Council’s name or trademarks without the prior express written consent of EC-Council

13.Duration:

The duration of the Agreement shall be as per the term of the subscription package purchased by you. Terms which by their very nature survive the termination of the agreement, shall continue to be applicable.

14.Payments and Billing.

Payments for EC-Council Learning Services may be one-time or recurring depending upon your subscription plan. The payment options shall be available on the Platform.

For subscription plans with recurring payments, you must provide us with one or more payment methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. Unless you cancel your account before your annual billing date and/or any other billing date, you authorize us to charge your next terms' membership fee to your Payment Method (see "Cancellation" below).

The charges you may incur in connection with your use of EC-Council Learning Service, such as withholding taxes or other taxes and possible transactional and administrative handling fees, will be charged annually to your Payment Method on the calendar day corresponding to the commencement of the paying portion of your subscription fee. For the purpose of clarity, the subscription fee is exclusive of all taxes and charges.

12.No Unlawful or Prohibited Use:

As a condition of your use of the Services, you warrant to EC-Council that you will not use the Services for any purpose that is unlawful or prohibited by these Terms of Service, or any other terms, conditions, notices, or any applicable law. You may not use Services in any manner which could damage, disable, overburden, or impair EC-Council or interfere with any other party’s use and enjoyment of the EC-Council Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the EC-Council Services.

15.Cancellation and Refunds.

You can cancel your EC-Council Learning subscription at any time, and you will continue to have access to the subscription package through the end of your annual period. To the extent permitted by the applicable law, payments are non-refundable. Further, we do not provide credits for any unused EC-Council Learning content. You can cancel the subscription through your EC-Council Learning dashboard as per our refund and cancellation policy .

16. Changes to the Price and Subscription Plans.

We may change our subscription plans and the price of our Services from time to time; however, any price changes or changes to our subscription plans will apply to you in your next payment cycle for the Services availed by you.

17.Third party links.

EC-Council website provides links to third-party websites (Linked Sites) which it does not control. These links are provided for Users’ convenience at their own risks. By providing a link, EC-Council does not endorse or accept responsibility for the content or use of that website.

EC-Council assumes no responsibility, and has no control over, and for, the content, privacy policies, or practices of any third-party websites. EC-Council is not responsible for webcasting, or any other form of transmission received from any Linked Site. EC-Council is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by EC-Council of the site or any association with its operators. Further, EC-Council will not and cannot censor or edit the content of any third-party website. By using the third-party websites, you are expressly agreeing to relieve EC-Council from any and all liability arising from your use of such third-party websites.

18.Warranty

EC-COUNCIL MAKES NO REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND CONCERNING THE SERVICE OR THEIR USE, ACCURACY AND FUNCTION SHALL NOT BE LIABLE IN ANY MANNER FOR ANY REPRESENTATION OR WARRANTY OR CONDITION OF ANY KIND WHETHER EXPRESS OR IMPLIED OR COLLATERAL OR WHETHER ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR CONDITION OF MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE SERVICE WILL BE ERROR-FREE OR THAT THE SERVICES ARE PROVIDED AS IS AND DOES NOT PROVIDE ANY GUARANTEE, ON THE TECHNICAL QUALITY, SOUNDNESS, TIMELINESS, COMMERCIAL POTENTIAL, APPROPRIATENESS OF ITS CONTENT RELATED TO EVERY USE, APPLICATION OR PURPOSE. LICENSOR DOES NOT GUARANTEE THAT THE SERVICES WOULD BE PROVIDED WITHOUT INTERRUPTION, ERRORS, VIRUS, OR HARMFUL COMPONENTS OR THAT EVERY SINGLE ERROR WILL BE CORRECTED AND THAT ALL THE QUESTIONS SUBMITTED WILL BE ANSWERED.

19.Intellectual Property Violation.

If you have a good faith belief that the EC-Council Learning content accessed by you is violating a third party IPR, you should immediately inform us by filling out the details provided in our Intellectual Property Rights Policy . We shall endeavor to take prompt actions to address your concerns as per our IPR Policy.

20.Enforcement. 

If you violate these Terms, we may, in our sole discretion, stop providing Services to you or we may close any account you create with us. We may also block delivery of a communication to or from the Services in an effort to enforce these Terms, or we may remove or refuse to publish your content for any reason. When investigating alleged violations of these Terms, EC-Council reserves the right to review your content until the issue comes to a determination, and you hereby authorise such review. However, you acknowledge that we may not be able to monitor the entire Services and make no attempt to do so.

21.Third party links.  

22.Indemnity.

You shall indemnify and hold EC-Council as well as its subsidiaries, officers, directors, agents, representatives, employees and third-party licensors harmless from any and all claims, liabilities, losses, expenses or demands, including reasonable legal fees, based on, arising from, or otherwise related to (a) your breach or violation of any of the provisions of this Agreement; (b) your access or use and/or unauthorized access or use of the Service, including but not limited to, any of the information, materials, or any other services made available on or through the Service, in violation of the Agreement; (c) any infringement or misappropriation by you of any intellectual property or other rights of Licensor or any third party; (d) any threat, attack or abuse of the Service due to unauthorized use of the Service; or (e) your negligence, act, omission or willful misconduct.

23.Limitation of Liability.

If you have any basis for recovering damages (including breach of these Terms), to the extent permitted by the applicable law, you agree that your exclusive remedy is to recover from EC-Council and/or its suppliers, direct damages up to an amount equal to your Services fee for the month during which the loss or breach occurred (or up to USD$10.00 if the Services are free).

To the maximum extent permitted by applicable law, in no event shall EC-Council and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the (i) use or performance of the Services, (ii) delay or inability to use the Services or related services, (iii) provision of or failure to provide services, or (iv) information, software, products, services and related graphics obtained through the Services, or otherwise arising out of the use of the Services, whether based on contract, tort, negligence, strict liability or otherwise, even if EC-Council or any of its suppliers has been advised of the possibility of damages.

EC-Council is not responsible or liable for any failure to perform or delay in performing its obligations under these Terms to the extent that the failure or delay is caused by circumstances beyond EC-Council’s reasonable control (such as labour disputes, acts of God, war or terrorist activity, malicious damage, pandemics, accidents or compliance with any applicable law or government order). EC-Council will endeavour to minimise the effects of any of these events and to perform the obligations that aren’t affected.

24.Governing Law.

This Agreement shall be deemed to have been made in Singapore, and shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by the laws of Singapore, without reference to principles of conflict of laws thereof. Judicial proceedings regarding any matter arising under the terms of this Agreement that cannot be resolved in the manner provided in clause 16 shall be brought solely in the Courts of Singapore.

25.Disputes.

We would prefer resolving disputes in an informal manner and you agree to allow us an opportunity to resolve your issues and any dispute before initiating a formal action whether in court or arbitration. We strongly encourage you to follow the following pre-arbitration and/or litigation resolution procedure:

Please email us with the full details of the dispute and issue by providing the following details at [email protected] or [email protected]- (I) your full name and address (ii) a written description of your claim and the issue (iii) the remedy that you ought to seek. In case we are unable to resolve your claims and the dispute within 120 days of receiving your email, you may pursue your dispute under arbitration as provided in clause 18.2. You may pursue only those matters in court that cannot be resolved in the manner provided in this section.

Any dispute or claim relating in any way to your use of any EC-Council Learning Services and/or service, or to any products or services sold or distributed by EC-Council will be resolved by binding arbitration, to be submitted to the Singapore International Arbitration Centre ("SIAC") for arbitration in accordance with its rules in force at the time of application for arbitration ("Arbitration Rules"). The venue for such arbitration shall be Singapore and language shall be English.

26.Class-action waiver.

To the extent permitted by applicable law, you agree that any proceedings or disputes shall be resolved on an individual basis whether in arbitration, in court or otherwise. You shall not seek to have any dispute heard as a class action, a representative action, a collective action, a private-attorney general action or in any proceeding in which you act or tend to act in a representative capacity. No arbitration or proceeding will be joined, combined, or consolidated with any other arbitration proceedings to which EC-Council is a party without EC-Council’s prior written consent.

27.Miscellaneous.

Assignment. The User shall not transfer their right to access and use the Service to any third party.

Export Laws: You may not use or otherwise export or re-export our Services except as authorized by United States law and the laws of the jurisdiction in which EC-Council Services was obtained. Without limitation, the Services may not be exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using our Services, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list

Force Majeure. Except for payment obligations, neither party will be responsible for failure of performance due to an event beyond the affected party’s reasonable control, including accidents, severe weather events, acts of God, actions of any government agency, endemic and/or pandemic, acts of terrorism, or the stability or availability of the Internet or portions thereof.

Waiver. Failure to enforce any right under this Agreement will not waive that right.

Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the use of the EC-Council Learning Services hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter.

Amendment; Modifications. No amendment to or modification of this Agreement will be binding unless in writing and signed by EC-Council. The parties hereto confirm that they have requested that this Agreement and all related documents be drafted in English.

VERSION CONTROL NUMBER: 001

LAST UPDATED ON: 26th SEPTEMBER 2023