Terms of Use (Training)

Effective date: April 20, 2018

Terms and Conditions

MemSQL, Inc. (collectively, "we," "us" or "MemSQL") provides you with access to the training website(s) available at https://training.memsql.com, and the training offering (the “Training Courses”), certification, and other materials available on and through the Sites (together, the “Services”), subject to the terms and conditions of use (these “Terms of Use”) outlined below and all applicable laws and regulations.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU MAY NOT ACCESS OR USE THE SERVICES.

We reserve the right to change or modify these Terms of Use at our sole discretion at any time. Any change or modification to these Terms of Use will be effective immediately upon posting on a Site. We will take reasonable steps to notify you of any material changes, but you are responsible for periodically reviewing the most up to date version of these Terms of Use.

Your continued use of the Services constitutes acceptance of any changes or modification made by us to these Terms of Use.

These Terms of Use are supplemental to, and do not modify or supersede the MemSQL Website Terms of Service which are otherwise applicable to the Sites and Services referenced herein.

User Accounts, Personal Information and Privacy Policy

In order to access the Training Courses, you must create a user account (the "Account"). In setting up your Account, you will be prompted or required to enter personal information, including your name and email address and a user password. You agree that you will never divulge or share access or access information to your Account with any third party for any reason.

Learning Management and Learning Assessment

Your Account information will be collected and hosted by our third-party learning management system provider, Thinkific.

For any paid products (such as the certification exam(s)), your credit card or other payment information, billing address, and such other information as is required to complete the transaction may be collected by our learning management system provider.

When you take a certification exam(s), your answers and results may be collected by our learning management system.

Certificate Management

If you complete the course and achieve a passing grade on your certification exam(s) and you wish to obtain a certificate (the “Certificate”), you will need to create an Account with our certificate provider, Accredible.

Our learning management system provider may share your personal information with our certificate and directory management provider(s) in order to provide you with a more seamless registration and user experience.

As well, you may be prompted or required to enter additional information, including your name, certification type, address, social media profile addresses, a short biography, a photo of yourself, as well as other education, employment history and similar information.

Our Privacy Policy, the privacy policy of our learning management system provider, and the privacy policy of our certificate provider further explain how your personal information is collected, used and disclosed when you use the Services.

User License

All Training Courses or other material available on the Sites, including but not limited to online lectures, speeches, video lessons, elearning interactions, presentation materials, labs, solutions, code examples, images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, and HTML files (collectively, the "Course Content"), are the property of MemSQL and/or its affiliates or licensors and are protected by copyright, patent and/or other proprietary intellectual property rights under United States and foreign laws.

MemSQL logos, trademarks and service marks that may appear on the Sites (the "Marks"), are the property of MemSQL and are protected under United States and foreign laws. In addition, elements of the Sites are protected by trade laws and other intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way in whole or in part without the express written consent of MemSQL.

The Training Courses are confidential and proprietary information of MemSQL. You agree not to disclose this information to any third party or use such information except as expressly permitted herein.

You acknowledge and agree that MemSQL shall be entitled to seek injunctive relief for any breach of this agreement by the Account from which irreparable harm would ensue.

You acknowledge and agree that it is illegal and a violation of this Terms of Use to copy or distribute the Training Courses, MemSQL Software, MemSQL Software license keys, or Account credentials and passwords among non-licensed persons.

In the event the Account breaches any provision of this agreement and fails to cure such breach within ten (10) days after receipt of written notice from MemSQL, MemSQL shall have the right to immediately terminate this agreement to use the products licensed hereunder. Upon any such termination, the Account shall immediately cease use of such products, delete and destroy any tangible or electronic embodiments of such information in its possession, and certify in writing to MemSQL that the foregoing has been completed.

Every person using the Training Courses must be licensed under these terms and conditions for accessing, downloading, and using the Course Content and MemSQL Software. You are granted permission to access, use and (if applicable) temporarily download one copy of the Training Courses and other materials from the Sites for personal, non-commercial transitory viewing only.

Under this user license you may not:

  • modify or copy the Course Content
  • use the Course Content for any commercial purpose, or for any public display (commercial or non-commercial);
  • attempt to decompile or reverse engineer any software contained on the Sites;
  • remove any copyright or other proprietary notations from the Course Content; or
  • transfer the Course Content to another person or “mirror” the materials on any other server.

This license will automatically terminate if any of these restrictions are violated and may be terminated by us at any time.

MemSQL strictly prohibits the taping or digital recording of the Training Courses by persons or entities other than MemSQL. You are not granted the permission to rebroadcast the audio or video recordings of our Training Courses. In the event MemSQL makes a recording available to you, MemSQL remains the sole and exclusive owner of such material and it is subject to the stated licensing terms at such time.

User Responsibilities

MemSQL reserves the right to exclude a User from attending any or all Training Courses due to disorderly conduct or failure to observe any of course rules of participation. MemSQL will not refund the fees of a User in such circumstances.

The User agrees to fulfill any and all of the course prerequisites as communicated by MemSQL. MemSQL reserves the right to exclude any User who does not fulfill such prerequisites. No refund of fees shall be paid to the User in such circumstances.

Payment Terms

To purchase any paid services or products offered through the Sites, you must have a valid accepted payment arrangement. You agree to MemSQL, or its third-party payment provider, storing your payment information. You also agree to pay the applicable fees and taxes for the services or products you purchase through the Sites as they become due, whether on a one-time or subscription basis.

Scheduling requirements for Customers

For customers, we require a signed MemSQL form of Order Document at the time scheduling of the Training Courses, which must be received by MemSQL no later than ten (10) business days prior to the training event’s tentative start date.

If the signed Order Document is received less than ten (10) days prior to the training event’s tentative start date, MemSQL reserves the right to reschedule the training event with the customer at mutually agreed date.

Scheduling requirements for Independent Consultants

All independent consultants must prepay for the Training Courses at the time of course registration. Credit cards (Visa, MasterCard, American Express) are the only accepted forms of payment for independent consultants. For self-paced Training Courses, MemSQL customers can classify students as Independent Consultants.

Payment requirements for MemSQL Partners

All MemSQL Partners must prepay for the Training Courses at the time of course registration. Credit cards (Visa, MasterCard, American Express) are the only accepted forms of payment for MemSQL Partners.

Fee basis

All standard published Training Courses fees are for a single user (student). Training Course fees include the price for instruction, student access to AWS EC2 instances for the duration of the course, and access to course content for one year.

Taxes

Taxes are not included in the published fee. The customer is responsible for paying all applicable taxes, including state and local taxes, provincial taxes, VAT, or any other taxes as appropriate and due for these types of services or products.

All applicable taxes are calculated based on the billing information you provide us at the time of prepayment or purchase.

Your transaction with us may be subject to foreign exchange fees or differences in prices, because of exchange rates. MemSQL does not support all payment methods, currencies or locations for payment.

Promotional Terms and Conditions

A promotional code (“Coupon Code”) must be presented at the time of Training Course purchase in order to be applicable to your purchase.

A Coupon Code cannot be used in conjunction with other coupon codes, discounts, or other special offers.

Coupon codes are non-transferable, not valid on past purchases, not exchangeable for cash, cannot be applied toward taxes, or outstanding balances owed, and must be used within one (1) year of issuance.

Cancellation and Rescheduling

Once the order for the Training Courses has been processed there are no refunds, cancellations or replacement. All sales are final. A confirmation of the order will be sent to the email of the Account.

You may cancel your membership to the Site, including any paid subscription services, at any time. You hereby acknowledge and agree that MemSQL will not offer refunds on any fees and charges related to the Site. This includes any partially used or unused Training Courses for which you have already paid. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. We do not guarantee satisfaction or refunds for lack of usage or dissatisfaction.

You must send email to training@memsql.com specifying your intent to reschedule or cancel your participation in the Training Courses.

MemSQL will confirm all cancellations or rescheduling requests by email. If the you do not receive a confirmation of cancellation or rescheduling within three (3) business days of the initial request, you can send email to training@memsql.com to reconfirm.

Financial responsibility remains with you for all fees unless a proper cancellation or rescheduling request is received and confirmed by MemSQL prior to the start of the class.

Fee Schedule

We measure the date of cancellation or rescheduling request from the first day of the training event. The following classroom cancellation and rescheduling fee schedule applies to all classes hosted at MemSQL facilities, onsite training at the customer or partner location, and to publicly scheduled virtual training events.

  • More than 15 business days -- no charge
  • Between 15 and 10 business days -- 25% of the total fee
  • Between 10 and 5 business days -- 50% of the total fee
  • Between 5 and 0 business days -- 100% of the total fee

If you are crossing the U.S. border to attend the Training Courses, and if you are refused entry, MemSQL will not be held responsible for your registration fees or your travel expenses, and the standard cancellation charges will apply.

Payment of cancellation and rescheduling charges

All cancellation and rescheduling fees will be charged to credit cards or approved order document consistent with the method provided by the customer, partner, or independent consultant, at the time of registering for or scheduling the training event.

Refund Policy

In the unlikely event a User is extremely dissatisfied with a course, please provide MemSQL with written notice (in a form other than the post course survey) of and details regarding such dissatisfaction, within ten (10) business days of completion of the applicable course. Please address correspondence to training@memsql.com. After receiving such notice, MemSQL may, in its sole discretion, determine if any remedy (such as a credit or refund) is appropriate. MemSQL will not consider a possible remedy if such notice is not received within the ten (10) business days set forth above.

All refunds are handled on a case-by-case basis. To inquire about a refund, send email to training@memsql.com .

Disclaimer

MemSQL reserves the right to cancel, and/or reschedule any of the published Training Courses. The user’s sole remedy shall be the refund of prepaid course fees.

You agree that MemSQL is not responsible for airfare, lodging, or other related expenses including any airline penalties incurred for a rescheduled or cancelled Training Course.

User Content

The Training Courses and other parts of the Sites may provide you with the ability to upload forum posts, user discussions, profile pages, and other content and media for social interaction, or certain information and materials for use with the Services (collectively, "User Content").

You hereby grant MemSQL an irrevocable, worldwide, perpetual, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display your User Content as part of the Services or otherwise exploit the User Content, with the right to sublicense such rights (to multiple tiers), for any purpose (including for any commercial purpose).

By submitting User Content, you acknowledge that: (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, and (b) communications are not pre-reviewed, post-reviewed, screened, archived or otherwise monitored by MemSQL in any manner, though MemSQL reserves the right (but is not obligated) to do so at any time at its sole discretion.

To the extent that you provide any User Content, you represent and warrant that (a) you have all necessary rights, licenses and/or clearances to provide such User Content and permit MemSQL to use such User Content as provided above, and (b) such User Content does not and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation or unfair business practices.

With respect to any submissions of User Content, you agree to comply with all applicable laws and rules including but not limited to rules regarding online conduct and acceptable content.

Academic Integrity

You are expected to complete any labs, quizzes, and exams independently. If you are found to have committed plagiarism, you will be removed from the course and will not be awarded the certificate.

You are prohibited from posting labs, quizzes, exam questions, exam answers, and Course Content online in any form. If you fail to adhere to this policy, you will not receive your certificate and will be removed from the Training Courses.

In accordance with our refund policy, no refund will be offered if you are removed from the Training Courses.

Certification Exams

Certification exams may be locked after successive failed attempts to ensure that you take the time required to learn everything necessary for the completion of the Training Courses.

Updates of Course Content

The Training Courses and other materials appearing on the Sites could include technical, typographical, or photographic errors. We will use commercially reasonable efforts to correct such errors that we become aware of.

MemSQL reserves the right to change the Training Courses from time to time due to obsolescence or to correct known issues.

You are not entitled to any future Course Content releases. You may elect to repurchase the Training Courses for the standard fee. MemSQL reserves the right to automatically enroll you in a complimentary MemSQL New Features course or other Training Course.

Support

Support is available to you in the event that you are having difficulty accessing the Training Courses and Course Content but not for questions about how to architect, install, deploy, and implement MemSQL in non-production and production environments.

You can reach training support at training@memsql.com.

Services Availability

You acknowledge and agree that the Services may be subject to the availability of third party sites over which we do not have control. Therefore, we cannot guarantee that the Services will always be available.

Termination of Services

You agree that MemSQL, in its sole discretion, may limit, suspend, or terminate your use of all Services, such as access to certifications, for any reason or no reason, including, without limitation, if MemSQL believes that you have: (a) violated or acted inconsistently with the letter or spirit of these Terms of Use; (b) infringed the intellectual property rights of MemSQL or of a third party; or (c) posted, uploaded or transmitted unauthorized content to the Sites. You agree that any deactivation or termination of your access to the Services may be effected without prior notice to you and that MemSQL shall not be liable to you nor any third party for any termination of your Account.

You also understand that MemSQL reserves the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Services, or any part or portion thereof, with or without notice to you.

© MemSQL Inc. 2018