TERMS AND CONDITIONS

Second Sight Training Systems LLC

Online Training Courses

Please carefully read the following terms and conditions before attending our online training or receiving any other services from Second Sight Training Systems, LLC (hereinafter referred to as “Second Sight” or “SSTS”).

By accessing any online training offered by Second Sight, the Subscriber has explicitly agreed to and accepted all the terms and conditions herein. By accepting these terms or by accessing or using any of the course(s) which the Subscriber has selected and/or enrolled in, he/she is subject to all the terms and conditions of the following Agreement.

The term of this Agreement shall commence on the “Effective Date” and shall continue for a term for the term of the license purchased. No license shall be valid for more than 1 year. Once the term expires, the Subscription to the course will automatically terminate unless a renewal is obtained. A renewal can be obtained by paying for the course again any renewal will automatically be subject to the Terms and Conditions herein in addition to any modified terms that are incorporated at a later date.

The “Effective Date” for the purpose of this Agreement is the date in which both parties have entered into a sale contract.

Terms and Conditions:

(1) Contact Information

Second Sight Training Systems, LLC

10 Hillside Drive

Schenectady, NY 12302

Phone: 800-701-4481

(2) Terms / Definitions

• “Access” or “Accessing” is the accessing, viewing and/or otherwise using the content or information on the Site.
• “Agreement” or “Terms” is the Terms and Conditions herein and any subsequent modifications.
• “Content” is the any material provided by SSTS in an online or instructor-led course. This includes audio-visual works that are available through the Site and are part of the Site.
•  “Us” refers to Second Sight Training Systems, LLC a New York State Limited Liability Company.
• “Multi-User Subscriber” refers to a Subscriber or User who purchases the online course access for multiple Users.
•  “Single-User Subscriber” refers to a Subscriber who purchases an online training course for one (1) User.
• “Subscriber” refers to any person or entity that purchases or uses a subscription to Second Sight courses.
• “User” refers to any party who Accesses the Site. If a User is accessing the Site as an employee or agent of another, “User” refers to he/she and his/her principal.
• “Website” or “Site” refers to the website maintained on the World Wide Web by Second Sight, available at https://secondsightts.learnupon.com or https:www.secondsightts.com, or https://secondsight.learnupon.com
• “You” or “Your” refers to the User. If he or she is accessing the Site as an employee or agent of another, “you” or “your” refers to the User and the User’s principal.

(3) Modification of Terms

Second Sight reserves the right to modify these Terms at any time. Except as otherwise stated herein, any change to these Terms is effective immediately and notice will be provided by a posting on the Site wherever possible. User agrees to check the Site periodically for changes to these Terms. Any use of the Site after changes have been made shall be deemed acceptance of those changed terms and/or conditions.

(4) Limited License

Second Sight hereby grants each Subscriber a limited, non-exclusive, non-transferable license to access the content and information available in the Site according to the provisions contained herein, and subject to the payment of the applicable fees and strict adherence to these Terms.

Each Multi-User Subscriber may only allow its employees and agents for whom a license has been granted and fee has been paid to access the Site. If the Multi-User Subscriber’s license terminates, the Multi-User Subscriber’s employees and agents will no longer have access to the Site. Each Multi-User Subscriber agrees that the Site may not be accessed by more than the authorized number of Users purchased by the Multi-User Subscriber. Each User shall be authorized to Access the Site from any Internet connection. The user acknowledges and agrees that Second Sight is the sole and exclusive owner of all Content and all legal rights to all the instructional materials provided. Any user shall not copy, modify, create derivative works from, decompile or reverse engineer any of the site’s content. Second Sight shall be the owner of all modifications made to or derivative works created from its Content.

(5) Fees; Renewal; Refund Policies

Licenses

For access to and use of the Services, the Subscriber agrees to pay the amounts set for the number of users and/or site for which a license is purchased. The Subscriber hereby acknowledges and agrees that the fee is payable in advance for each license purchased and will be charged whether the Subscriber uses the Service or not. The license is valid for the license term set at purchase.

The Subscriber is responsible for any taxes, including personal property taxes or sales taxes, resulting from his or her use of the Services. The Subscriber agrees to pay all attorneys’ and collection fees arising from efforts to collect any amounts which remain due and owing for more than thirty (30) days.

The Subscriber is solely responsible for all connection services, telephone, data charges and/or other fees and costs associated with access to and use of the Site, as well as for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.

To use certain Services, the Subscriber will need to register and obtain an account and password. When the Subscriber registers, the information he or she provides during the registration process will help Second Sight in offering content, customer service, network management and other services. The Subscriber may not transfer the Subscriber’s Account to any other person and the Subscriber may not use anyone else's Account at any time.

The Subscriber may request a refund for a license within thirty days. Any cancellations made after thirty days of purchase will not qualify for a refund.

The Subscriber is held to the same Terms and Condition regardless of whether it the Subscriber is a single-use subscriber or multi-user subscriber.

(6) Access to Site;

Second Sight will provide online access to its Subscribers on a continuous basis. However, from time to time, Subscribers may be unable to access the Site due to conditions beyond Second Sight’s control. Such conditions include, but are not limited to: force majeure, acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons over which Second Sight has no control. The Subscriber is solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of the Site.

The Subscriber acknowledges and agrees that Second Sight shall have no liability for any damages resulting from any interruption in service. Second Sight reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this Site in whole or in part, including, without limitation, the content, availability, access to and/or the Terms of this Site. Such changes, modifications, additions or deletions will be effective immediately.

(7) Prohibited Conduct

User expressly agrees to refrain from doing, either personally or through an agent, any of the following “Prohibited Conduct”:

• Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process that harms the Site including action that in any way affects the use, enjoyment or service of the Site, or adversely affects Second Sight’s, vendors, computers, servers or databases.
• Capture, download, save, upload, print or otherwise retain information and content available on the Site other than what is expressly allowed by these terms and conditions.
• Permit or provide others Access to any online training. His/Her user name and password or otherwise, or the name and password of another authorized User.
• Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other Content available on the Site.
• Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the Site.
• Transfer the Site content to another person; “frame,” “mirror,” “in-line link,” or employ similar navigational technology to the Site content; or “deep link” to the Site or Content, or rent or provide third-party access to the Site or Content in any way.
• Violate or attempt to violate Second Sight’s security mechanisms by accessing any data or server the User is not authorized to Access or otherwise breach the security of the Site or corrupt the Site in any way.
• Engage in any other conduct which violates the Copyright Act or other laws of the United States or any state or other jurisdiction.
• Use any device (such as a “web crawler” or other automatic retrieval mechanism) or other means to harvest information about other Users, the Site or Second Sight Training Systems.
• Use the Site to violate a third party’s intellectual property, personality, publicity or confidentiality rights; 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.
• Misrepresent the User’s identity or personal information when accessing the Site; forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by Second Sight.
• Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on the Site including posting a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability.
• Advertise or otherwise solicit funds, goods or services on the Site.
• Provide any commercial hosting service with Access to the Site and/or the content on the Site.

To ensure that Users of the Site do not engage in Prohibited Conduct, Second Sight reserves the right to monitor use of the Site and reserves the right to revoke or deny access to the platform to any person or entity whose use of the Site suggests Prohibited Conduct. Access of the materials available on the Site beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of the Site and will result in revocation or denial of access to the Site. The terms “normal patterns” and “abuse” shall be determined solely by Second Sight. Users agree not to violate any U.S., foreign or international software or technology export laws and regulations, including without limitation the U.S. Export Administration Regulations.

(8) Limited Warranties

Second Sight provides no warranty that the Subscriber’s hardware, software, telecommunications equipment and/or internet service is compatible or sufficient to access the site.  Although Second Sight has attempted to provide accurate information on the site, it makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.

(9) Disclaimer / Limitation of Liability

User acknowledges that it is accessing this site at his/her/its own risk. The site is provided on an “as is, as available” basis without warranty of any kind either expressed, implied or statutory, and any and all warranties of merchantability, fitness for a particular purpose or non-infringement of third parties’ rights are specifically disclaimed. Second Sight does not warrant any particular result from use of the software or site.

Second sight does not warrant that the information on the site is accurate, complete or complies with any particular law or regulation, or that the operation of and the Subscriber’s access to the site will be uninterrupted, error-free, virus-free or completely secure. Under no circumstances and under no legal theory (tort, contract or otherwise) shall Second Sight or any of its affiliates, agents, employees, shareholders, directors, officers, third party content providers, successors, owners, partners, or assigns be liable to the Subscriber or any other person or entity for any indirect, special, incidental, punitive or consequential damages of any character, including without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, loss of data, loss of productivity or contract, or any and all other commercial damages or losses.

The User accesses the Site and materials at his/her own sole risk including any downloaded content. The User acknowledges that it responsible for any damage to his/her computer system in for any loss of data that results from the downloading of any such content, including any damages resulting from computer viruses.

In no event will Second Sight be liable for any damages in excess of the amount Second Sight received from the subscriber for a subscription to access the training content, even if Second Sight shall have been informed of the possibility of such damages, or for any claim by any other party. In no event will warranties provided by law, if any, apply unless they are required to apply by statute notwithstanding their exclusion by contract. This disclaimer is applicable to any damage or injury resulting from the negligence or an omission of second sight, computer virus or other similar item, telecommunications errors, or unauthorized access to or use of user information through theft or any other means. Second Sight is not liable for criminal, tortious, or negligent actions or omissions of third parties that affect this site. No dealer, agent, or employee of second sight is authorized to make any modifications, extension, or additions to these limited warranties or disclaimers. Second Sight disclaims all warranties, and shall have no liability for damages in excess of the amount second sight received from the subscriber, arising from or related to any support services for the Subscriber’s use of the site.

(10) Third Party Content; Hyperlinks

The User acknowledges that Second Sight does not pre-screen third party materials. Second Sight is not the publisher or author of any information on the Site that is provided by third party content providers, and Second Sight is not liable for any claims related to such information. Content provided by third parties is for informational purposes only, and Second Sight’s use of the content constitutes neither an endorsement nor a recommendation by Second Sight of the content. Second Sight assumes no responsibility for third party products or services. Second Sight may contain links and references to other third-party websites and materials. Second Sight does not assume any responsibility for these websites or materials and provides these links or materials solely for the convenience of Users. Second Sight does not endorse or otherwise recommend any of these third-party websites, references, or the products, services, or information there offered. Second Sight may disable any hyperlink to the Site. Second Sight has the right but not obligation to monitor third party websites and hyperlinks to the Site.

Second Sight makes no warranty, either expressed or implied, of the accuracy, merchantability, fitness for a particular purpose, or non-infringement of the information provided by third parties. This includes, but is not limited to, any information found on a link located on this site that allows users to access information found on another site. Additionally, second sight does not warrant the existence or functionality of any website which can be accessed through a link located on this site.

(11) Copyrights, Trademarks and Other Proprietary Rights:

Second Sight, or its third-party content providers, shall retain all worldwide rights in the intellectual property in and on the Site, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the “look and feel” of the Site, its color combinations, layout, and all other graphical elements, and the copyrights in and to its original content.

All Users should assume that everything he/she reads or sees on the Site is copyrighted, trademarked, or otherwise protected and owned or licensed by Second Sight. Except as expressly stated on the Site or in these Terms, nothing that the User reads or sees on the Site may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of Second Sight, except as provided in these Terms. Nothing in these Terms grants the Subscriber an express or implied license to use any of Second Sight’s intellectual property except as set forth in Section 4. If the Subscriber submits any unsolicited intellectual property, idea, copyrightable material, invention, discovery, improvement, trade secret or know-how to Second Sight, he or she forfeits their intellectual property rights and moral rights contained in such communication or material.

(12) Indemnification

User agrees to defend, indemnify and otherwise hold harmless Second Sight and its officers, owners, partners, directors, agents, employees, shareholders, successors and assigns from and against any cause of action or claim, including court costs, expenses and attorney fees, related to or arising from User’s use of the Site or any other services of the Second Sight.

(13) Security / Authorized Use

Users are prohibited from violating or attempting to violate the security of the Site. Second Sight has the right but not the obligation to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. Second Sight may suspend any Subscriptions while it conducts an investigation. Users are required to enter a user name and password to Access the Site. To protect against unauthorized Access to any account, it is recommended that the User close the browser when they have finished using the Site.

The Subscriber is responsible for maintaining the secrecy of their user name and password. He or she represents and warrants that they the person on whose behalf they claim to accept these Terms, or, if he or she is entering into these Terms on behalf of a person or entity, they represent and warrant that they have the power and authority to enter into these Terms and bind that person or entity.

Subscriber also represents and warrants that they are an adult who is legally able to enter into this Agreement. He or she may not use the account, user name or password of someone else at any time. A subscriber agrees to notify Second Sight immediately of any unauthorized use or loss of their account, user name, password and/or credit card information. They also agree to notify Second Sight immediately if they are aware of or suspect other unauthorized use of the Site and/or the Site content. Second Sight will not be liable for any loss that he or she incurs as a result of someone else using their user name and password with or without their knowledge. A Subscriber may be held liable for any losses incurred by Second Sight, its affiliates, officers, directors, employees, consultants, agents or representatives due to someone else’s use of their account, user name or password. Second Sight will never ask a Subscriber for their password. If a Subscriber needs a new user name and/or password, Second Sight will generate a new user name and password automatically through its computer software and send it to the e-mail address on file

(14) Termination of Agreement

In addition to Second Sight’s other rights, it may terminate this Agreement at any time and at its sole and absolute discretion. Second Sight may also terminate Access without notice if it believes, in its sole judgment, that a Subscriber has breached or may breach any term or condition of this Agreement, or engaged in conduct that Second Sight deems inappropriate. In the event of termination of this Agreement, the provisions in this Section and the provisions found in this Agreement shall survive in perpetuity. Each Subscriber’s obligation to pay outstanding fees shall survive any termination of this Agreement.

(15) Privacy Policy

Second Sight values the trust of its Users. In order to honor that trust, all of Second Sight’s employees are required to adhere to ethical standards in gathering, using, and safeguarding any information provided by its Subscribers.

(16) Miscellaneous:

These Terms constitute the entire agreement between Second Sight and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between Second Sight and User dealing with the subject matter hereof is superseded. These Terms may only be modified or amended in writing. If any portion of these Terms is determined to be unenforceable for any reason, such portion will be deemed severed and the remaining terms and conditions shall continue in full force and effect. Upon User’s breach or threatened breach of these Terms, Second Sight may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. Second Sight’s remedies are cumulative and not exclusive. Failure of Second Sight to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. By Accessing the Site, User signs for and accepts this shortening of the statutes of limitations. Second Sight makes no representation that the content of the Site is appropriate or available for use in all locations. Second Sight operates this Site from the United States and makes no representation that the Site complies with any foreign or international laws. The User agrees to comply with all applicable local laws, including any international laws, in using this Site. A Subscriber may not assign his or her rights or delegate his or her duties under these Terms. The parties agree that no third party is an intended beneficiary of these Terms. Second Sight cannot provide notifications via post, only e-mail.

Visiting the Website or sending emails to Second Sight constitutes electronic communication. The Subscriber consents to receive electronic communications and agrees that all agreements, notices, disclosures and other communications that we provide to a Subscriber electronically, via email and on the Website, satisfies any legal requirement that such communications be in writing.

(17) Governing Law; Dispute Resolution; Forum and Venue

These Terms and any claim or action related to or arising from these Terms or content on the Site in any way whatsoever shall be exclusively brought and litigated in the federal and state courts of New York. Each Party expressly consents and submits to this exclusive jurisdiction and exclusive venue. Each Party expressly waives the right to challenge this jurisdiction and/or venue as improper or inconvenient. Each Party consents to the dismissal of any lawsuit that they bring in any other jurisdiction or venue.