Virtual Training Room – Terms & Conditions
IMPORTANT - READ CAREFULLY
THE FOLLOWING TERMS AND CONDITIONS (TOGETHER WITH THE Board PRIVACY POLICY), GOVERN YOUR USE OF THE ONLINE TRAINING SERVICES MADE AVAILABLE BY Board (THE “VIRTUAL TRAINING ROOM”) BY USING THE PLATFORM ACCESSIBLE THROUGHT THE WEBSITE HTTPS://VIRTUALROOM.Board.COM (THE “SITE”). BY ELECTRONICALLY ACCEPTING THESE TERMS AND CONDITIONS, YOU ("YOU”, “YOUR”) WILL ENTER INTO AN AGREEMENT ("AGREEMENT") WITH Board INTERNATIONAL SA OR A SUBSIDIARY OF Board (“Board”) UNDER THE TERMS AND CONDITIONS BELOW. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY, “YOU” AND “YOUR” REFERS TO THAT COMPANY. WE RESERVE THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS AT ANY TIME BY POSTING REVISED TERMS ON THE SITE OR BY SENDING AN EMAIL, SO WE ENCOURAGE YOU TO REVIEW THE SITE PERIODICALLY. THE CHANGES WILL BE EFFECTIVE IMMEDIATELY WHEN POSTED. YOUR USE OR CONTINUED USE OF THE SITE FOLLOWING THE POSTING OF ANY CHANGES TO THESE TERMS AND CONDITIONS SHALL CONSTITUTE YOUR ACCEPTANCE OF THE CHANGED TERMS.
1. The Virtual Training Room
The Virtual Training Room is an education and training service designed by Board so as to enable its customers partners and employees to access to online live instructor led training courses and other online education materials made available through the Site. The Virtual Training Room is provided to You after signing, if applicable, a subscription (the “Subscription”) A named user may not use more than one access and consequently an access may not be shared by multiple individuals on a single computer or used concurrently on different computers.
Each Subscription is valid for and enables You to access to the Virtual Training Room solely for the attendance of the specific online live instructor led training course that You purchased. Per each online live instructor led training course, you will be required to sign a new Subscription (if applicable).
2. Site Content
All text, graphics, user interface, visual interface, photographs, trademarks, logos, sounds, music, video, artwork and computer code contained in the Site (collectively the “Site Content”) is owned, controlled and licensed by Board or its licensors and is subject to copyright, trademark, service mark, trade dress and patent applicable laws. Board grants You a limited right to access the Site and the online live instructor led training course that You purchased and utilize the tools provided by Board with the Virtual Training Room. Except as expressly stated in this Agreement, Board and its licensors retain all rights, titles and interest in and to the Site, the Virtual Training Room and the online live instructor led training course and reserve all rights not expressly granted herein. You shall not, and shall not permit any third party to, download, copy, modify, publish, distribute, transfer, create competitive products to the Site, the Virtual Training Room or part thereof or create derivative works from any of the Site. You must abide by all trademark and copyright notices, information, or restrictions contained in or attached to any portion of the Site. Your right to access and utilize the Site and the Virtual Training Room does not include: (i) exploitation, resale or commercial use of the Site or the Site Content; and (ii) any downloading or copying account information for the benefit of a third party. You may not frame or utilize framing techniques to enclose any proprietary information (including images, text, page layout or form) of the Site without Board’s express written consent. You may not use any metatags or any other “hidden text” utilizing the name, domain name or trademarks of Board without Board’s express written consent. Any unauthorized use terminates the right to access granted by Board. Board may change, suspend or discontinue any aspect of the Site at any time, including the availability of any feature, database or content, as well as impose limits on certain features and services or restrict your access to part, or all, of the Site without notice or liability.
3. Links to Third Party Sites
The Site may contain links to other websites owned or maintained by third parties (“Linked Sites”). The Linked Sites are not under Board’s control and Board therefore is not responsible for the contents of any Linked Site or any changes or updates to a Linked Site. Board does not guarantee the accuracy and completeness of the information obtained through any Linked Site. Board therefore will not be liable for judgements or decisions made based upon information contained in the Linked Sites. Board is not responsible for web-casting or any other transmission received from any Linked Site. Board provides these links to You only as a convenience and the inclusion of any link does not imply endorsement by Board of the Linked Site or any association with its operators.
4. Use of the Site
You may not use the Site or any related content for any purpose that is unlawful or prohibited by this Agreement or solicit the performance of any illegal activity or other activity which infringes the rights of Board, those of its licensors or other third-parties.
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any related content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any related content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made internationally available through the Site. Board reserves the right to bar any such activity. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the same or to any server connected to the Site, or any service or information made available or offered by or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the same. You may not reverse look-up, trace or seek to trace any information on any other user of the Site or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information on third parties, including but not limited to personal identification or information. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site or with any use of the Site by other users.
You warrant that You will not impersonate any third party or misrepresent Your identity or affiliation with any third party, including using another person’s account information, or another person’s name, likeness, image or photograph. You further represent, warrant and covenant that You will not upload, post, distribute or otherwise publish through the Site any materials that (i) restrict any other user from using the Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) violate or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or other proprietary rights, (iv) contain a virus or other harmful component, and (v) contain false or misleading indications of origin or statements of fact.
5. Account and Security
After the purchase of Your Subscription You will be required to register to the Site and create your credentials that will be verified through an activation procedure. Your credentials, according to clause 1, must be uniquely assigned to a specific individual and may not be shared by multiple individuals at any one time or used concurrently on different computers. Access to and use of the Site as well as the Virtual Training Room shall therefore be restricted to Your authorized named users only. Each registration to the Site is solely valid for and provides You only with the right to attend the specific online live instructor led training course that You purchased, at the date and time as set forth. You will no longer be able to access the Site and the Virtual Training Room once the online live instructor led training course has ended. You are responsible to ensure all named users maintain the security of any password, username, or other form of authentication involved in obtaining access to the Site. You are solely responsible for the activity carried out through the Site and on the Virtual Training Room.
Without prejudice of the foregoing, none of this Agreement or Your obligations or rights hereunder may be transferred or assigned by You without Board prior written consent. Any attempted assignment, transfer or other disposition by You in violation of this provision will be null, void and of no force and effect.
You are entirely responsible for maintaining the confidentiality of the information You hold for Your account, including the password, and for any and all activity that occurs under Your account. You agree to notify Board immediately of any unauthorized use of Your account or password, or any other breach of security.
6. Payment and invoicing
In accordance with Clause 1 and Clause 4, each usage of the Virtual Training Room to attend an online live instructor led training course may be subject to the payment of a fee and to the purchase a Subscription. Depending on Your location, the purchase of Your Subscription and the relevant invoice shall be issued by and paid to Board or to one of its subsidiaries. All fees due will be payable in full thirty (30) days from the date of the invoice and will be deemed overdue if they remain unpaid thereafter. All fees are net of any taxes, which will be Your responsibility, except for taxes on Board’s income. All orders are firm and not cancellable, returnable, refundable or subject to offset by You.
7. Liability disclaimer and limitation
The Site is operated by Board through a platform provided and managed by a third-party company (Bizzabo Inc. and Bizzabo Ltd). By accepting this Agreement and/or using the Site and the Virtual Training Room, You agree and accept the Bizzabo End User Terms of Service available at https://www.bizzabo.com/privacy/end-user-terms-of-service and the Bizzabo Privacy Policy available at https://www.bizzabo.com/privacy.
The Site and the information, software, products, services, contents, graphics, documents and other elements included in or available through the Site and/or related to the Virtual Training Room may include errors. Board may, at its sole discretion, makes improvements, deletions, or other changes at any time without notice. Board may impose limits on certain features and services or restrict Your access to the Site or to portions of it without notice or liability. Please inform Board of any errors at edusupport@board.com.
Board makes no representations about the suitability, reliability, availability, timeliness or accuracy of the Site or the Virtual Training Room for any purpose. The Site and the Virtual Training Room are provided “as is” without warranty or condition of any kind, and Board and its suppliers disclaim any and all warranties with regard to the Site, the Virtual Training Room and any Linked Site, including, without limitation, all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement. You assume all responsibility and risk for Your use of the Site, the Virtual Training Room and any Linked Site. Board does not warrant that any material or functions in the Site, the Virtual Training Room or the server that makes the Site available will be uninterrupted or error free, that defects will be corrected or that the Site or the server is free of viruses or other harmful components. Board will not be liable for the use or performance of the Site or the Virtual Training Room or any errors contained therein. In no event will Board or its agents be liable for any damages whatsoever arising out of or in connection with the Site, the Virtual Training Room or any Linked Site, including, without limitation, direct, indirect, punitive, incidental, consequential, or punitive damages, loss of data or profits, loss of or damage to property or claims or third parties, whether based on contract, tort or otherwise, even if advised of the possibility of damages.
8. Indemnification
You agree to indemnify, defend and hold Board and all its directors, officers, agents, employees, suppliers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties (including, without limitation, attorneys’ fees and costs) in connection with any claim arising out of or related to (i) Your use of the Site and of the Virtual Training Room or (ii) any breach by You of this Agreement or the representations, warranties and covenants contained herein. You shall fully cooperate with Board in the defense of any claim. Board reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You, and You shall not settle any action or matter without Board’s written consent. In addition, You acknowledge and agree that Board has the right to seek damages when You use the Site and the Virtual Training Room for unlawful purposes, in an unlawful manner, or in a manner inconsistent with this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance or consequential damages. In the event that Board is required to respond to a third party or law enforcement subpoena or court order that is related to Your use of the Site, Board may, at its sole discretion, require You to reimburse Board for its reasonable expenses associated with complying with such subpoena or order.
9. Violation
Board may disclose any information about You if it determines that the applicable law, regulation or legal process requires or permits such disclosure or such disclosure is necessary in connection with any investigation or complaint regarding the use of the Site and of the Virtual Training Room or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Board’rights or property, or the rights or property of other users of the Site or any of the Board’s licensors.
You agree that Board may, at its sole discretion and without prior notice, terminate Your access to the Site and/or block Your future access to the latter if it determines that You have violated, or threatened to violate, this Agreement. You agree that Board may, at its sole discretion and without prior notice, terminate Your access to the Site, for cause, which includes (but is not limited to) (i) requests by law enforcement or other government agencies, (ii) a request made by you (self-initiated account deletions), (iii) discontinuance or material modification of the Site or of the Virtual Training Room or (iv) unexpected technical issues or problems.
If Board does take any legal action against You as a result of a violation of this Agreement, Board will be entitled to recover from You, and You agree to pay, all attorneys’ fees and costs of such action, in addition to any other relief granted to Board. You agree that Board will not be liable to You or to any third party for termination of Your access to the Site as a result of any violation of this Agreement.
10. Compliance with laws
You represent and warrant that Your use of the Site and of the Virtual Training Room will comply with all applicable laws and regulations where You reside, or Your organization is located.
11. Governing Law
This Agreement is interpreted and governed by the substantive and procedural laws of Switzerland and You and Board agree to submit to the exclusive jurisdiction of, and venue in, the Courts in Lugano, Switzerland in any dispute arising out of or relating to this Agreement or, more specifically, to Your use of the Site and of the Virtual Training Room.
12. Data Protection
In connection with this Agreement, Board may collect, and process personal data referred to You to manage and in connection with your request to subscribe and use the Site and the Virtual Training Room. Personal data will be processed by Board International SA (and / or its subsidiaries, as applicable) in accordance with the requirements set forth by the General Data Protection Regulation (EU) 2016/679 and by any other privacy laws applicable from time to time. By entering into this Agreement, you acknowledge and accept the Board Privacy Policy available at https://www.board.com/en/privacy-policy.
13. Miscellaneous
Unless otherwise expressly stated herein, this Agreement (together with Board Privacy Policy)(i) constitutes the entire agreement between you and Board with respect to Your use of the Site and of the Virtual Training Room and (ii) supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and Board. Each party will treat the other party’s confidential information with the same care as it treats its own confidential information and, upon termination of this Agreement, will return to the other party any of its confidential information under its control. The Virtual Training Room is provided and delivered by Board, either directly or through its licensors and/or subcontractors, as applicable. Notwithstanding anything to the contrary in any written agreement between you and Board, if any, you consent to Board use of subcontractors to provide the Virtual Training Room.
No waiver of any provision hereof or of any right or remedy hereunder shall be effective unless in writing and signed by the party against whom such waiver is sought to be enforced. No delay in exercising, no course of dealing with respect to, or no partial exercise of any right or remedy hereunder shall constitute a waiver if any other right or remedy, or future exercise thereof. No amendment, change, waiver, or discharge hereof shall be valid unless in writing and signed by both parties. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Board in any respect whatsoever. Any notice to you in connection with this Agreement will be effective when posted on the Site or when we send it by email or to the physical address you provided. Any notice to Board will be effective when delivered at Board physical address or to edusupport@board.com. If any provision of this Agreement is determined to be invalid or unenforceable for any reason, the invalid or unenforceable provision will be deemed eliminated to the minimum extent necessary and the remainder shall continue in effect.
