Terms and Conditions
(Including Refund and Cancellation Policy for Online Training Videos and Live Instructor-Led Events)
For Brent Ozar Unlimited’s products at https://www.BrentOzar.com, all sales are final.
The https://www.BrentOzar.com web site (the “Site”) is an online training and information services website provided by Brent Ozar PLF, LLC D/B/A Brent Ozar Unlimited (“Ozar”, “we”, “us”, or “our”). READ THIS ONLINE TRAINING AGREEMENT (“AGREEMENT”) CAREFULLY. THIS AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU AND OZAR. BY CLICKING “I AGREE,” ACCESSING THE SITE OR OTHERWISE INSTALLING, VIEWING, COPYING, RUNNING, USING OR DISTRIBUTING THE “MATERIALS” (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT CLICK “I AGREE” OR OTHERWISE VIEW OR USE THE MATERIALS.
1. Access to the Site and Operation of the Site.
a. You understand that, except for information, products or services clearly identified as being supplied by or on the Site, including the Materials, Ozar does not operate, control or endorse any information, products or services on the Internet in any way. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET.
b. In order to use the Site and access the Materials, you will require a high-speed Internet connection. You are solely responsible for ensuring that you have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of the Site.
c. You are responsible for implementing sufficient procedures and safeguards to satisfy your particular requirements for the accuracy of data input and output and for maintaining a means external to the Site for the reconstruction of any lost data.
Subject to your agreement and compliance with the terms and conditions of this Agreement, Ozar grants you a limited, personal, royalty-free, revocable, non-exclusive, non-transferable license to:
a. Access the Site and use the Materials, solely for your personal, informational and non-commercial internal purposes, for the period of time specified in the shopping cart. The term of the license for the applicable Materials is also stated on the invoice generated at the time of purchase; and
b. Print and download portions of the Materials from the Site solely for your own personal, informational and non-commercial use.
Ozar reserves and retains all rights in and to the Materials and the Site not expressly granted to you herein. The term “Materials” means the online training modules set forth on the Site, including without limitation any component of videos, guided instruction, tutorials, quizzes, course materials and handouts, or other materials, as well as all other documentation, files and presentation slides (and their selection and arrangement), ideas, concepts, creations, designs, engineering details, techniques, inventions, processes, works of authorship, and related content together with all updates, patches, fixes, modifications and enhancements thereto, including releases of new versions, whether provided to you via download, automatically without additional consent or action on your part or otherwise. The Materials may include clipart, photo images, video content, and audio clips (“Clips”), and your responsibilities and restrictions related to the Materials apply to the Clips.
3. Updates. Ozar reserves the right to change, modify or update the Materials, the Site or the content therein at any time in its sole discretion. You are solely responsible for periodically visiting the Site to access any such changes, modifications or updates. Any such changes, modifications or updates will become part of, an incorporated by this reference into the terms of, this Agreement without further action on the part of Ozar.
4. Third Party Materials.
a. The Materials may contain Clips or other items accessible on the Site which are owned by Ozar or which are licensed from third parties (the “Third Party Clips”). Without limiting any other term or provision of this Agreement, you may use such Third Party Clips only in conjunction with the Materials and only to the extent the use of such Materials is permitted pursuant to this Agreement. The Third Party Clips may be subject to additional terms and conditions. Any required notices and/or additional terms and conditions related to Third Party Clips or other third party items are located at www.brentozar.com/go/eula and are made a part of and incorporated by reference into this Agreement. By accepting this Agreement, you are also accepting such additional terms and conditions, if any, set forth therein.
b. You agree to grant to Ozar non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved Materials, products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to brentozar.com by all means and in any media now known or hereafter developed.
5. License Restrictions.
a. Except as specifically permitted in this Agreement, the Materials and the license herein granted may not be copied, reproduced, republished, uploaded, posted, transmitted, shared, distributed, re-sold, offered for re-sale, assigned, displayed, transferred or sub-licensed or in any other way exploited in whole or in part. No program, code, part, image, audio sample, or text may be copied or used in any way by you except as expressly permitted in this Agreement.
b. Without limiting the foregoing, you may not take any of the following actions with respect to the Site, the Materials and your use thereof:
1. Alter, merge, modify, adapt or translate the Materials, or decompile or reverse engineer the Materials;
2. Use the Materials to develop any product having the same primary function as the Materials, or create any derivative works or other works that are based on or derived from the Materials in whole or in part;
3. Use Ozar’s name, logo and graphics file included on, affixed to, imbedded in or otherwise associated with the Materials in any way to promote products developed by you with the use of the Materials;
4. Remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols, labels, or Clips in the Materials.;
5. Use any of the Materials in any manner that may give a false or misleading impression or statement as to Ozar or any third party referenced in the Materials;
6. Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Site that in any way affects the use, enjoyment or service of the Site or the Materials, or adversely affects Ozar computers, servers or databases;
7. Capture, download, save, upload, print or otherwise retain Materials available on the Site except as otherwise expressly permitted by this Agreement;
8. Misrepresent your identity or personal information when accessing the site; or permit or provide others access to the Site using your user name and password or the user name and password of another authorized user;
9. Transfer the Materials or other Site content to another person;
10. “Frame,” “mirror,” “in-line link,” or employ similar navigational technology to the Site content;
11. Violate or attempt to violate Ozar security mechanisms, access any data or server you are not authorized to access or otherwise breach the security of the Site or corrupt the Site in any way;
12. Engage in any other conduct involving the Site or the Materials which violates the Copyright Act or other laws of the United States;
13. Use the Site to violate a third party’s intellectual property or confidentiality rights; or upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party’s intellectual property rights;
14. Advertise or otherwise solicit funds, goods or services on the Site; or
15. Provide any commercial hosting service with access to the Site and/or the Materials.
6. Proprietary Rights.
The Materials contains material, information, data and related items which are protected by copyright, patent, trademark, trade secret and other intellectual property laws. Except where such Materials are specifically indicated as belonging to a third party, Ozar owns all right, title and interest in and to the Materials and the Site including, without limitation, all intellectual and proprietary rights appurtenant thereto. Except for the limited license granted to you herein, nothing in this Agreement shall be construed to transfer, convey, impair or otherwise adversely affect Ozar’s ownership or proprietary rights in such Materials or any other Ozar information or materials, tangible or intangible, in any form and in any medium. Brent Ozar Unlimited® and other trademarks contained in the Materials are trademarks of Ozar. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. This Agreement does not authorize you to use Ozar’s name or any of its trademarks.
7. Data Collection and Use.
8. ADDITIONAL TERMS APPLICABLE TO LIVE INSTRUCTOR-LED TRAINING
Ozar may offer live instructor-led training sessions (a “Live Instructor-Led Training Session”), either independently or in conjunction with the purchase of one or more of our Online Training Programs. By submitting your online order to purchase a ticket to attend a Live Instructor-Led Training Session (a “Ticket”), in addition to all other applicable terms and conditions set forth in this Online Training Video Agreement, you agree to the following terms and conditions:
General. Each Ticket entitles the holder to attendance at the designated Live Instructor-Led Training Session by one (1) person. Ozar reserves the right to make changes to the content, presenters [and/or location] of the Live Instructor-Led Training Session without prior notice, none of which shall constitute a cancellation. Ozar also reserves the right to assign seats to the Ticket holder at the Live Instructor-Led Training Session.
Attendance. To attend the Live Instructor-Led Training Session, the Ticket holder must present either a copy of the Ticket or a copy of the receipt confirming payment for the Ticket. Attendees at an Live Instructor-Led Training Session may not record or reproduce in any manner any of the materials presented or displayed at the Live Instructor-Led Training Session.
Assignability. Tickets for Live Instructor-Led Training Sessions that are purchased separately from the purchase of an Online Training Program are fully assignable and transferable by the Ticket purchaser, provided that any transferee shall be bound by these terms and conditions. Ozar assumes no responsibility for lost or destroyed Tickets. Tickets for Live Instructor-Led Training Sessions that are purchased in conjunction with (or as part of) the purchase of an Online Training Program are not transferable.
Refund Policy. Ozar will refund the purchase price for Tickets (1) if Ozar reschedules a Live Instructor-Led Training Session and you notify Ozar that you are unable to attend the rescheduled Session, or (2) if Ozar cancels the Live Instructor-Led Training Session. Except as otherwise provided in the immediately preceding sentence, Tickets are not refundable for any reason. All refunds will be applied to the credit card used to purchase the Ticket within thirty (30) business days after cancellation.
9. DISCLAIMER OF WARRANTY
A. NOTHING CONTAINED IN THIS AGREEMENT SHALL BE DEEMED TO CONSTITUTE A REPRESENTATION, WARRANTY OR GUARANTEE THAT ANY PARTICULAR RESULT WILL BE PRODUCED OR ACHIEVED DUE TO YOUR USE OF THE SITE OR ANY OF THE MATERIALS.
B. THE MATERIALS ARE PROVIDED AND LICENSED “AS IS, AS AVAILABLE” AND OZAR DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS WITH RESPECT TO THE MATERIALS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. OZAR DOES NOT WARRANT THAT THE MATERIALS ARE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE UNIFORM COMMERCIAL CODE WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN.
C. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OZAR, ITS AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.
D. OZAR MAKES NO REPRESENTATIONS WHATSOEVER ABOUT ANY OTHER WEB SITE WHICH YOU MAY ACCESS THROUGH THE SITE OR WHICH MAY LINK TO THIS SITE. ANY WEBSITE NOT OWNED OR CONTROLLED BY OZAR IS INDEPENDENT FROM OZAR, AND THAT OZAR HAS NO CONTROL OVER THE CONTENT ON SUCH WEB SITE.
10. LIMITATION OF LIABILITY
A. OZAR SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF (I) THE USE OF, OR INABILITY TO USE, OR DELAY IN USING, THE MATERIALS OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SITE OR DOWNLOADED FROM THE SITE, (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE MATERIALS AND/OR THE SITE OR INFORMATION DOWNLOADED FROM THE SITE THROUGH THE SERVICE, OR (III) THE FAILURE OF THE USER TO DERIVE ANY TANGIBLE OR INTANGIBLE BENEFIT OR RESULTS FROM THE LICENSE AND USE OF THE MATERIALS AND THE SITE, IN ANY EVENT BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF OZAR OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
B. THE MATERIALS MAY CONTAIN “OPEN SOURCE” MATERIALS (E.G., ANY MATERIALS SUBJECT TO OPEN SOURCE, COPYLEFT, GNU GENERAL PUBLIC LICENSE, LIBRARY GENERAL PUBLIC LICENSE, LESSER GENERAL PUBLIC LICENSE, MOZILLA LICENSE, BERKELEY MATERIALS DISTRIBUTION LICENSE, OPEN SOURCE INITIATIVE LICENSE, MIT, APACHE OR PUBLIC DOMAIN LICENSES, OR SIMILAR LICENSE). OZAR MAKES NO WARRANTIES, AND SHALL HAVE NO LIABILITY, DIRECT OR INDIRECT, WHATSOEVER WITH RESPECT TO OPEN SOURCE MATERIALS CONTAINED IN THE MATERIALS.
C. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OZAR’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to defend Ozar, its officers, directors, employees, agents, licensors, representatives, advertisers, business and promotional partners, operational service providers, suppliers, resellers and contractors (the “Ozar Indemnified Parties”) against any and all claims, demands and/or actions and indemnify and hold the Ozar Indemnified Parties harmless from and against any and all losses, damages, costs and expenses (including reasonable attorneys’ fees), resulting from any breach or violation of this Agreement, infringement, misappropriation or any violation of the rights of any other party, violation or non-compliance with any law or regulation, or any use, alteration or export of the Materials or otherwise in contravention of this Agreement. Ozar reserves the right to assume, at Ozar’s expense, the exclusive defense and control of any claims or actions and all negotiations for settlement or compromise, and you agree to fully cooperate with Ozar upon Ozar’s request.
Ozar has the right to terminate this Agreement and your right to use the Materials and access the Site immediately in the event Ozar reasonably believes that you have failed to comply with any term or condition of this Agreement. If this Agreement or your right to use the Materials terminates for any reason or you must stop all use of the Materials and either return to us or destroy all copies of the Materials that are in your possession or under your control. Ozar may ask you to certify your compliance with the foregoing in writing, and you agree to do so if Ozar requests you to do so. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnification and limitations of liability. Export Restrictions. You may not export the Materials into any country to which such export is prohibited by the United States Export Administration Act and the regulations thereunder.
13. Governing Law and Miscellaneous.
This Agreement and all disputes, claims, actions, suits or other proceedings arising hereunder shall be governed by, and construed in accordance with, the substantive law of the State of Illinois, in the United States of America, applicable to contracts wholly made and to be performed within the State of Illinois. You agree to irrevocably submit to the sole and exclusive jurisdiction of the courts of the State of Illinois and the Federal courts of the Northern District of Illinois, situated in the City of Chicago, Illinois, USA. You further irrevocably consent to the exercise of personal jurisdiction by such courts and waive any right to plead, claim or allege that Illinois is an inconvenient forum. No amendment, modification, waiver or discharge of any provision of this Agreement shall be valid unless made in writing and signed by an authorized representative of Ozar. No failure or delay by Ozar to exercise any right or enforce any obligation under this Agreement or otherwise shall impair or be construed as a waiver or on-going waiver of that or any other right or power, unless made in writing and signed by Ozar. If any provision of this Agreement is held to be illegal, invalid or unenforceable, the remaining provisions of this Agreement shall be unimpaired and remain in full force and effect. This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any written notification or document issued by you in relation to the Materials licensed hereunder shall be of no effect. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Ozar may assign its rights and duties under this Agreement to any party at any time without notice to you. Any rights not expressly granted herein are reserved.
All questions concerning this Agreement shall be directed to Help@BrentOzar.com, Attention: Agreement.
YOU ACKNOWLEDGE THAT YOU HAVE READ THE ENTIRE AGREEMENT, UNDERSTAND IT, ACKNOWLEDGE YOU ARE BOUND BY IT AND AGREE TO FULLY COMPLY WITH ALL OF ITS TERMS AND CONDITIONS.
This document was last modified on April 2, 2018, and is effective immediately.
Copyright © Brent Ozar PLF, LLC 2018. All Rights Reserved. No part of this Agreement may be reproduced without the express and prior written consent of Brent Ozar PLF, LLC.