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Terms and Conditions
Privacy Policy

Intellectual Property and Legal Notification

All online training content from SkillMeUp and Opsgility, LLC is proprietary and confidential. Duplicating, reselling and/or distribution of course materials in their entirety or in part is not permitted without the expressed prior written consent of Opsgility, LLC. The contents of this package are for informational and training purposes only and are provided "as is" without warranty of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Training package content, including URLs and other Internet Web site references, is subject to change without notice. Because Opsgility must respond to changing market conditions, the content should not be interpreted to be a commitment on the part of Opsgility, and Opsgility does not guarantee the accuracy of any information presented after the date of release, publication or delivery of training sessions.

Purchasing of Microsoft Azure Services

When you agree to start a Real Time Lab with SkillMeUp.com (Opsgility, LLC), you also agree to purchasing Cloud Services from Microsoft for the duration of the lab. You commit in advance to purchase a specific quantity of Online Services for use during a Term of the lab and to pay upfront or on a periodic basis for continued use of the Online Service. With SkillMeUp this service is purchased through learning credits.
You have the right to use the lab environment hosted within Azure only for the duration of the lab and for the sole purpose of the lab. You agree that you will not intentionally deviate outside of the lab with the intention of damaging the environment or to creating resources above and beyond the lab requirements.

Expiration of Learning Credits

Learning credits will expire and not be accessible if not used within 12 months of purchase.
Reservation of rights
Products are protected by copyright and other intellectual property rights laws and international treaties. Microsoft reserves all rights not expressly granted in this agreement. No rights will be granted or implied by waiver or estoppel. Rights to access or use Software on a device do not give Customer any right to implement Microsoft patents or other Microsoft intellectual property in the device itself or in any other software or devices. if
Reservation of rights
Customer may use the Product only in accordance with this agreement. Customer may not (and is not licensed to): (1) reverse engineer, decompile or disassemble any Product or Fix, or attempt to do so; (2) install or use non-Microsoft software or technology in any way that would subject Microsoft’s intellectual property or technology to any other license terms; or (3) work around any technical limitations in a Product or Fix or restrictions in Product documentation. Customer may not disable, tamper with, or otherwise attempt to circumvent any billing mechanism that meters Customer’s use of the Online Services. Except as expressly permitted in this agreement or Product documentation, Customer may not distribute, sublicense, rent, lease, lend, resell or transfer and Products, in whole or in part, or use them to offer hosting services to a third party.
Limited warranty.
(i) Software. Microsoft warrants that each version of the Software will perform substantially as described in the applicable Product documentation for one year from the date Customer is first licensed for that version. If it does not, and Customer notifies Microsoft within the warranty term, then Microsoft will, at its option, (1) return the price Customer paid for the Software license or (2) repair or replace the Software. (ii) Online Services. Microsoft warrants that each Online Service will perform in accordance with the applicable SLA during Customer’s use. Customer’s remedies for breach of this warranty are in the SLA. The remedies above are Customer’s sole remedies for breach of the warranties in this section. Customer waives any breach of warranty claims not made during the warranty period. b. Exclusions. The warranties in this agreement do not apply to problems caused by accident, abuse or use inconsistent with this agreement, including failure to meet minimum system requirements. These warranties do not apply to free or trial products, Previews, Limited Offerings, or to components of Products that Customer is permitted to redistribute. c. Disclaimer. Except for the limited warranties above, Microsoft provides no warranties or conditions for Products and disclaims any other express, implied, or statutory warranties for Products, including warranties of quality, title, non-infringement, merchantability and fitness for a particular purpose.
Limitation of liability.
For each Product, each party’s maximum, aggregate liability to the other under this agreement is limited to direct damages finally awarded in an amount not to exceed the amounts Customer was required to pay for the applicable Products during the term of this agreement, subject to the following: a. Online Services. For Online Services, Microsoft’s maximum liability to Customer for any incident giving rise to a claim will not exceed the amount Customer paid for the Online Service during the 12 months before the incident; provided that in no event will Microsoft’s aggregate liability for any Online Service exceed the amount paid for that Online Service during the Subscription. b. Free Products and distributable code. For Products provided free of charge and code that Customer is authorized to redistribute to third parties without separate payment to Microsoft, Microsoft’s liability is limited to direct damages finally awarded up to US$5,000. c. Exclusions. In no event will either party be liable for loss of revenue or indirect, special, incidental, consequential, punitive, or exemplary damages, or damages for loss of use, lost profits, revenues, business interruption, or loss of business information, however caused or on any theory of liability. d. Exceptions. The limits of liability in this section apply to the fullest extent permitted by applicable law, but do not apply to: (1) the parties' obligations under section 6; or (2) violation of the other's intellectual property rights.
Support and Professional Services
SkillMeUp (Opsgility, LLC) will provide technical support for attendees taking hands-on labs or hosting custom lab environments.

Privacy Policy - Updated May 2018

If you reside in the United States, then the personal data provided to, or collected by, our Services is controlled by Opsgility, LLC, 1701 Shoal Creek, Suite 246, Highland Village, TX 75077. If you reside outside the United States, then this personal data is controlled by Opsgility, LTD Ireland Limited Company, 8 Thornhill Road, Mount Merrion, Co. Dublin. If you have any concern about providing information to us or having such information used in any manner permitted in this Privacy Policy, you should not visit our websites, apps or otherwise use our Services. This Privacy Policy describes the types of information we may collect from you or that you may provide to us when you visit the opsgility.com or skillmeup.com websites or use our services located at www.opsgility.com or www.skillmeup.com (the “Websites”), or an Opsgility or SkillMeUp mobile or desktop application (an “App”) (collectively, the “Services”), and our practices for collecting, using, maintaining, protecting and disclosing such information. This Privacy Policy applies to information we collect: (i) through our Services, and (ii) in text and electronic messages between you and our Services. This Privacy Policy does not apply to any other Opsgiity or SkillMeUp services or any information collected by us offline or via third-party sites that may be accessed through hyperlinks on our Services. For users based in the European Union (“EU”), the European Economic Area (“EEA”) and Switzerland (the “Designated Countries”): We enable the transfer of personal data from Opsgility, LTD Ireland to Opsgility, LLC under legally recognized mechanisms. By accessing or using our Services, you agree to this Privacy Policy.

IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT ACCESS OR USE OUR SERVICES.
1. INFORMATION WE COLLECT ABOUT YOU

We collect several types of information about visitors and/or users of our Services. We may collect this information either directly when you provide it to us or automatically as you navigate through the Websites or App.

We also collect your Internet Protocol (“IP”) address. We use your IP address to diagnose problems with our servers and/or software, to administer our Services, and to gather demographic information.

2. WHERE WE STORE DATA

By submitting your personal data, you agree to the transfer, storing and processing of your data outside of the country where you reside. We will take reasonable steps to ensure that your data is treated securely and in accordance with this Privacy Policy.

3. HOW WE USE YOUR INFORMATION

We use information held about you in the following ways:

In any other way we may describe when you provide the information or when we prompt you regarding a new use of information about you.

4. DISCLOSURE OF YOUR INFORMATION

We will share your personal data with third parties only in the ways that are described in this Privacy Policy. We do not sell, trade, rent or disclose your information to others, except as provided herein:

5. UPDATING OR CORRECTING YOUR PERSONAL DATA

Delete Data: You can ask us to erase or delete all or some of your personal data (e.g., if it is no longer necessary to provide Services to you). Amend or Rectify Data: You can edit some of your personal data through your account. You can also ask us to amend your data in certain cases, particularly if it is inaccurate. Object to, or Limit or Restrict, Use of Data: You can ask us to stop using all or some of your personal data (e.g., if we have no legal right to keep using it) or to limit our use of it (e.g., if your personal data is inaccurate or unlawfully held). Right to Access and/or Take Your Data: You can ask us for a copy of your personal data and can ask for a copy of personal data you provided in machine readable form. You can learn more about how to make these requests in Sections 6 and 7 of this Privacy Policy. You may also contact us using the contact information in Section 15, and we will consider your request in accordance with applicable laws.
You may change your personal data associated with your account on your “My Account” tab.
You may access, request deletion, and correct your personal data by submitting a data request through Customer Support or by writing to us at the addresses at the end of this Privacy Policy.

6. CANCELING YOUR ACCOUNT OR DELETING YOUR PERSONAL DATA

You may choose to let your subscription lapse, in which case we will retain your information for a reasonable period of time in case you choose to re-subscribe. You may choose to close your account in which case we will delete your information, including your learning history, within 90 days of your request. However, we may retain your personal data even after you have closed your account if reasonably necessary to comply with our legal obligations (including law enforcement requests), comply with contractual obligations (including an agreement between Opsgility, LLC and your enterprise sponsor), meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, enforce our Terms of Service or Website Use Policy, or fulfill your request to “unsubscribe” from further messages from us. We will retain de-personalized information after your account has been closed. You can close your account on your “My Profile” tab. If you would like to access the information that we have about your use of and access to Opsgility.com or SkillMeUp.com Services, please request it by emailing us at support@opsgility.com or by writing to us at the addresses at the end of this Privacy Policy. You can also ask us to stop using all or some of your personal data (e.g., if we have no legal right to keep using it) or to limit our use of it (e.g., your personal data is inaccurate or unlawfully held) by submitting a data request through Customer Support or by writing to us at the addresses at the end of this Privacy Policy.

7. CHOICES REGARDING CONTROL OF YOUR PERSONAL DATA

You can access some of the information that we collect about you. For example, by logging into your account, you can access information regarding recent orders from the Websites; certain personal data we maintain about you; your communication preferences; and your payment settings. You can ask us for a copy of your personal data in machine readable format by contacting us at support@opsgility.com. If you have questions on this process, please contact Customer Support at support@opsgility.com. You may also contact us by submitting a data request by writing to us at the addresses at the end of this Privacy Policy, and we will consider your request in accordance with applicable laws. With respect to your communications preferences, you can unsubscribe from newsletters by following the instructions included in the newsletter you receive. If your email address has changed and you would like to continue to receive newsletters, you will need to access your account, update your email address information in your account, and sign-up again for the newsletter. Occasionally we may send out emails concerning website disruptions. You also have choices with respect to cookies, as described in our Cookie Policy. By modifying your browser preferences, you may be able to choose to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies some parts of our Websites may not work properly in your case.

8. LAWFUL BASES FOR PROCESSING

We will only collect and process personal data about you where we have lawful bases. Lawful bases include consent (where you have given consent), contract (where processing is necessary for the performance of a contract with you (e.g., to deliver the Services you have requested) and “legitimate interests.” Learn more. Where we rely on your consent to process personal data, you have the right to withdraw or decline your consent at any time and where we rely on legitimate interests, you have the right to object. If you reside in the Designated Countries and have any questions about the lawful basis upon which we collect and use your personal data, please contact our Data Protection Officer at becky@opsgility.com.

9. INFORMATION RELATED TO DATA COLLECTED THROUGH THE OPSGILITY OR SKILLMEUP SERVICE

For certain services, we collect information under the direction of our clients (e.g., an entity that subscribes to the Services for use by the entity’s personnel). In this respect, we act as a data processor under applicable laws. We will retain and use this personal data as necessary to comply with our legal obligations, resolve disputes, and fulfill our obligations under those agreements with the data controllers. In these cases, the data controller will have its own privacy policy that applies to your data, including personal data. We encourage you to read their privacy policies to learn more about their data practices.

10. DATA SECURITY

Access by you to your account is available through a password and/or unique username selected by you. This password is encrypted. We recommend that you do not divulge your password to anyone, that you change your password often using a combination of letters and numbers, and that you ensure you use a secure web browser. We cannot be held accountable for activity that results from your own neglect to safeguard the secrecy of your password and username. If you share a computer with anyone, you should always log out of your account after you are finished in order to prevent access to your information from subsequent users of that computer. Please notify Customer Support as soon as possible if your username or password is compromised. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal data, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this Website cannot be guaranteed and we shall have no liability to you or any third party for loss, misuse, disclosure or alteration of such information; and (c) any such information and data may be viewed or tampered with in transit by a third party. In the unlikely event that we believe that the security of your personal data in our control may have been compromised, we will try to notify you. To the extent you have provided us with your email address, we may notify you by email and you agree to our use of email as a means of such notification. If you prefer for us to use another method to notify you in this situation, please contact Customer Support with the alternative contact information you wish to be used.

11. COOKIES AND OTHER TECHNOLOGIES

When you use our Websites we may use cookies and other technologies in order to facilitate and customize your use of our Services.

12. MOBILE ANALYTICS

We use mobile analytics software to allow us to better understand the functionality of our mobile software on your phone. This software may record information such as how often you use the App, the events that occur within the App, aggregated usage, performance data, and where the App was downloaded from. We do not link the information we store within the analytics software to any personal data you submit within the App.

13. DIRECT MARKETING

We currently do not share personal data with third parties for their direct marketing purposes without your permission.

14. CHANGES TO THIS PRIVACY POLICY

It is our policy to post any changes we make to our Privacy Policy on this page (with a notice that the Privacy Policy has been updated on the Websites). The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Websites and this Privacy Policy to check for any changes. Your continued use of the Services after such modifications will constitute your agreement to the updated terms of the modified Privacy Policy.

15. HOW DO YOU CONTACT US WITH QUESTIONS?

If you have questions or complaints regarding this Privacy Policy, please first contact Customer Support online. You can also reach us by physical mail at the addresses below.

If you are in the United States:
Opsgility, LLC
Attn: Legal Dept. (Privacy Policy and User Agreement) 1701 Shoal Creek, Suite 246
Highland Village, TX 75077
USA

If you are outside the United States:
Opsgility, LTD Ireland Limited Company
8 Thornhill Road, Mount Merrion, Co.
Dublin, Ireland

If contacting us does not resolve your complaint you have more options. Residents in Designated Countries may also have the right to contact our Data Protection Officer at becky@opsgility.com.