Legal

CADLearning

4D Technologies Terms of Service

4D Technologies, LLC (dba CADLearning) (“4D Technologies”, “we”, “us”, “our(s)”) offers the CADLearning® online learning platform where users of Autodesk 2D and 3D design, engineering and entertainment software can access on-demand, customizable learning systems designed to identify and address knowledge gaps and obtain in-application support to maximize performance.

PLEASE READ THESE TERMS OF SERVICE (“TOS”) AND OUR OTHER POLICIES –

OUR PRIVACY POLICY,
OUR SERVICE LEVEL AGREEMENT,
OUR ACCEPTABLE USE POLICY (“AUP”),
OUR COOKIE POLICY, AND
OUR PRODUCT REFUND POLICY

– CAREFULLY. THESE ARE LEGALLY BINDING DOCUMENTS THAT ARE INCORPORATED IN THESE TOS BY THIS REFERENCE AND CONTROL YOUR ACCESS TO AND USE OF OUR WEBSITE, THE CADLEARNING PLATFORM, AND OUR OTHER PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THEM, AND AFFECT YOUR RIGHTS AND OBLIGATIONS.

1. DESCRIPTION OF THE 4D SERVICES AND 4D PRODUCTS. Through our websites (located at CADLearning.com or as otherwise hosted by us, collectively the “Websites”) and the CADLearning platform (the “Platform”), we provide you with access to a variety of products, including videos and eBooks (collectively, the “4D Products”), as well as resources and services, including subscription and non-subscription websites, any associated subdomains, instructive courses, download areas, communication forums, product information, software (including any mobile applications) made available for download (“Software”), and sample and actual forms, checklists, business documents, our logo and designs, text, graphics, pictures, information and data (collectively, the “Service Materials”) and/or other related content and services (all of the foregoing collectively the “4D Services”).

2. ACCEPTANCE OF TERMS; LIMITED LICENSE. By clicking the ‘I ACCEPT’ button and using the 4D Products and/or the 4D Services, you accept and agree to these TOS. The 4D Products and 4D Services, including any updates, enhancements, new features, and/or the addition of any new Websites, are subject to these TOS. You will be unable to access or use the 4D Products or the 4D Services unless you accept these TOS.

On your acceptance of these TOS, you are granted a limited, non-sublicenseable, non-transferable, revocable license to access and use through the Platform the 4D Products and the 4D Services for which you have subscribed. This license is subject to these TOS. Any use of the 4D Products or the 4D Services other than as specifically authorized in these TOS, without our prior written permission, is strictly prohibited and will terminate the license granted in these TOS. Such unauthorized use may also violate applicable laws including, but not limited to, copyright, trademark, and/or other intellectual property laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these TOS will be construed as conferring any license to or transfer of any intellectual property rights, whether by estoppel, implication, or otherwise. Any reproduction or redistribution of the 4D Products or the 4D Services not in accordance with these TOS and/or other applicable policies (including without limitation the policies referred to above) is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Without limiting the foregoing and unless expressly agreed to otherwise in writing by us: (i) your use of the 4D Products and/or the 4D Services are for your personal, non-commercial use; and (ii) you are expressly prohibited from: (a) in whole or in part, reselling, copying, reproducing, modifying, distributing, transmitting, displaying, performing, publishing, licensing, creating derivative works from, transferring, and/or selling any of the 4D Products and/or the 4D Services; (b) the use of any data mining, robots, or similar data gathering or extraction methods; (c) copying and/or downloading (other than the page caching) any portion of the 4D Products and/or the 4D Services or any information contained therein, except as expressly permitted in these TOS; and/or (d) any use of the Platform or any 4D Product and/or 4D Service other than for its intended purpose.

3. PAYING FOR YOUR SUBSCRIPTION. When you sign up for an Individual Membership, you are subscribing to certain 4D Products and/or the 4D Services. You may sign up for either one-month or one-year Subscription terms for access to and use of the 4D Products and the 4D Services (your “Subscription”). Yearly Subscriptions may be paid in full up-front or in monthly installments, and monthly subscriptions are paid on a monthly basis (note that all student and faculty subscriptions fees are charged in a single yearly installment). The applicable fees and any associated taxes for Subscription will be billed immediately to your credit card or other form of payment upon completion of your Subscription purchase through our Website(s) and then, if applicable, each month thereafter during the term of your Subscription. If applicable, you hereby authorize us to charge your credit card or other form of payment as described in the foregoing. If at any time during your Subscription, your credit card or other method of payment is declined, we may limit your access to the Platform, the 4D Products and the 4D Services and/or terminate your Subscription. All fees related to your Subscription are due and payable in U.S Dollars (USD).

4. SUBSCRIPTION AUTOMATIC RENEWAL. Unless you provide us with at least thirty (30) days’ notice prior to the expiration of your one-month or one-year Subscription term, your Subscription will be automatically renewed for the same duration as the expiring Subscription at the then-current rate for your current Subscription level. If the fees we charge change, we will notify you prior to charging you.

5. SUBSCRIPTION TERMINATION AND REFUNDS. You may cancel your Subscription at any time by contacting us at (603) 641-3900, for any or no reason, subject to the notice provisions in Section 4 above. If you choose to cancel your Subscription you will still be responsible for the monthly subscription fee for the month in which you cancel. However, you will not be responsible for any further subscriptions fees unless you re-subscribe to any of the 4D Products and/or 4D Services. We may terminate your Subscription, without notice, effective immediately if you breach any of the terms and conditions herein, or if we cease to make the Platform or the 4D Products or the 4D Services available. Upon such a termination, you will still be responsible for the monthly subscription fee for the month in which such termination occurs. Please note that all student and faculty subscriptions are non-refundable.

6. ENTERPRISE CUSTOMERS. Institutional and corporate customers (“Enterprise Customers”) that purchase a subscription to the 4D Products and/or 4D Services for use by their employees, students or customers (collectively “Enterprise Users”) are required to enter into a separate Enterprise Subscription Agreement to permit their use by Enterprise Users. Your use of the 4D Products and/or the 4D Services as an Enterprise User, rather than as an individual subscriber under your own subscription, constitutes a representation that your employer or institution has entered into an Enterprise Subscription Agreement with us and that you are authorized by that employer or institution to access the 4D Products and/or the 4D Services subscribed for. Except to the extent that the terms of the Enterprise Subscription Agreement conflicts with the provisions of these TOS, these TOS and all of our policies will also apply to your access to the Platform, the 4D Products and the 4D Services under that Enterprise Subscription Agreement.

7. USE. You agree to use the 4D Products and the 4D Services solely: (i) for their intended purpose; (ii) pursuant to these TOS; (iii) pursuant to the terms and conditions of the AUP; and (iv) in accordance with all applicable policies, laws and/or regulations. You are solely responsible for your use of the 4D Products and the 4D Services and you use them at your own risk.

8. MEMBER ACCOUNT, PASSWORD, AND SECURITY. Certain sections of, or offerings from, the 4D Products and the 4D Services may require you to register for a member account. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only, unless authorized in writing by us. Unless previously authorized in writing by us, we do not permit: (i) any other person using the registered sections under your name; or (ii) access through a single name being made available to multiple users on a network. You are solely responsible for preventing such unauthorized use.

9. U.S. GOVERNMENT USERS. Any Software downloaded from the 4D Services for or on behalf of the United States of America, its agencies, and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is 4D Technologies, LLC, 360 Route 101, Bldg. #2, Bedford, New Hampshire 03110.

10. SUBMISSION POLICY. You acknowledge that it is your responsibility to ensure that any items, content, information, data, or materials that you may upload via the 4D Services, including without limitation any files, text, schema, data, narrative descriptions, graphics (including photographs, illustrations, images, drawings, and logos), executable programs, video recordings, and audio recordings or other content (collectively, “Submissions”) does not violate our AUP, our other policies, and/or any laws, rules, or regulations. You are solely responsible for any Submissions that you post via the 4D Services. We are not obligated but reserve the right at all times to edit, refuse to post, or remove any Submissions, in whole or in part, that in our sole discretion we deem violate these TOS, our AUP, or any other applicable policy, law, rule, and/or regulation.

11. 4D PRODUCT REFUNDS. For information about our refund policy for purchases of 4D Products, please read our Product Refund Policy.

12. INTELLECTUAL PROPERTY. You acknowledge and agree that (excluding your Submissions) any 4D Products made available through our Websites, any Software, and any Service Materials are our proprietary property and/or that of our licensors and are protected by US and International copyright, trademark and/or other intellectual property laws.

13. CONTESTS AND PROMOTIONS. Any contests or promotions (“Promotions”) accessible through the 4D Services may be governed by its own set of official rules, which may include eligibility requirements, such as certain age or geographic area restrictions. By entering or participating in such Promotions, you will become subject to those official rules. It is your responsibility to read the applicable rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine the sponsor’s requirements of you in connection with the applicable Promotion.

14. PRIVACY POLICY. Please refer to our Privacy Policy for information on how we collect, use and disclose personally identifiable information (“Personal Information”) from our users.

15. THIRD–PARTY CONTENT. We may occasionally provide links to third–party sites that will navigate you away from our Websites (each, a “linked site”). These linked sites are not under our control and we are not responsible for the content of any linked site, any link contained in a linked site or any changes or updates to such linked sites. Furthermore, we are not responsible for webcasting or any other form of transmission received from any linked site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the applicable linked site.

16. WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THE PLATFORM AND OUR 4D PRODUCTS AND 4D SERVICES (INCLUDING WITHOUT LIMITATION OUR WEBSITES, SOFTWARE, AND SERVICE MATERIALS) ARE PROVIDED TO YOU “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT THE PLATFORM OR ANY 4D PRODUCTS OR 4D SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE AVAILABILITY, RELIABILITY OR SECURITY OF THE PLATFORM OR ANY OF THE 4D PRODUCTS AND/OR 4D SERVICES. WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE 4D PRODUCTS AND 4D SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE INCLUDING: (I) ANY AND ALL WARRANTIES OF MERCHANTABILITY; (II) ANY AND ALL WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) ANY AND ALL WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE.

THE PLATFORM AND THE 4D PRODUCTS AND 4D SERVICES ARE INTENDED FOR EDUCATION AND TRAINING PURPOSES ONLY. AS SUCH THE 4D PRODUCTS AND 4D SERVICES ARE NOT FAULT-TOLERANT AND ARE NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE IN HAZARDOUS APPLICATIONS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR AIRCRAFT COMMUNICATION SYSTEMS, MASS TRANSIT, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS OR IN ANY OTHER APPLICATION IN WHICH THE FAILURE OF THE COMPONENT SYSTEMS COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE (“HIGH RISK ACTIVITIES”). ACCORDINGLY, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES. YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING FROM OR RELATED TO THE USE OF THE PLATFORM, THE 4D PRODUCTS AND/OR THE 4D SERVICES IN SUCH APPLICATIONS.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF REVENUE, LOSS OF PROFITS OR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM, THE 4D PRODUCTS AND/OR THE 4D SERVICES, YOUR CONDUCT OR THE CONDUCT OF ANY OTHER USERS, INCLUDING, BUT NOT LIMITED TO, BODILY INJURY, EMOTIONAL DISTRESS, ANY OTHER DAMAGES AS A RESULT OF CONTACT WITH OTHER USERS, AND/OR ANY DAMAGES THAT ARE CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM US, VIA THE PLATFORM, THE 4D PRODUCTS AND/OR THE 4D SERVICES OR THAT MAY RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR UNAUTHORIZED ACCESS TO THE 4D PRODUCTS AND/OR 4D SERVICES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY EXCEED THE AGGREGATE OF THE NET AMOUNTS RECEIVED BY US FROM YOU, IF ANY, FOR THE ACCESS TO AND USE OF THE PLATFORM, THE 4D PRODUCTS AND/OR THE 4D SERVICES PROVIDED HEREUNDER IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT(S) GIVING RISE TO SUCH LIABILITY.

17. INDEMNIFICATION. You agree, at your sole expense, to defend, indemnify and hold us and our officers, directors, managers, members, employees and agents, our licensors, independent contractors, service providers and consultants, and their respective officers, directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, proceedings, at law or in equity, claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses, including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements caused by, arising out of, resulting from, attributable to or in any way incidental to: (i) your use of the Website, the Platform, the 4D Products and/or the 4D Services; (ii) your conduct; (iii) your violation of these TOS or any other 4D policy or applicable law, rule, and/or regulation; (iv) your violation of the rights of any third party; or (v) any of your Submissions.

18. CONFLICT RESOLUTION. You and we agree that any dispute relating to the 4D Products and/or 4D Services will be resolved solely by the means set forth in this section. In the event that any such dispute arises, you agree to first contact us directly. You and we agree to make a good faith effort to resolve the dispute. If the matter remains unresolved for sixty (60) days after your initial contact with us regarding the dispute, the matter will be submitted to binding arbitration under the rules of the JAMS. Any such arbitration will be conducted in Concord, New Hampshire – USA. The arbitrator(s) involved in settling any such dispute will have authority to grant specific performance and to allocate the costs of arbitration between you and us as the arbitrator(s) deems equitable. Any such judgments rendered by the arbitrator(s) may be entered in any court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.

19. GOVERNING LAW; VENUE. Any dispute arising under or in connection with the subject matter contemplated herein or related to such subject matter shall be governed by, and construed in accordance with, the substantive laws of the State of New Hampshire – USA, without regard to its conflict of laws principles. You agree that any claim or dispute you may have against us must be resolved by a court located in Hillsborough County, New Hampshire, except as described in the Conflict Resolution paragraph above. You agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims or disputes. In addition to any other relief awarded, the prevailing party in any action arising out of your use of or access to the Platform and the 4D Products and/or the 4D Services shall be entitled to its reasonable attorneys’ fees and costs.

20. WAIVER. Our failure to strictly enforce any provision of these TOS and/or any other applicable policy will not constitute a waiver of any such provision.

21. SEVERABILITY. If any provision of these TOS is or becomes or is deemed invalid, illegal or unenforceable under the applicable laws or regulations of any jurisdiction, such provision will be deemed amended to conform to such laws or regulations without materially altering the intention of the parties hereto, or it will be stricken and the remainder of these TOS will remain in full force and effect.

22. CLAIMS OF COPYRIGHT INFRINGEMENT. If you believe that anything made available via the 4D Services infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

For your complaint to be valid under the Digital Millennium Copyright Act (“DMCA”), you must provide the following information when providing notice of the claimed copyright infringement:

a. A physical or electronic signature of a person authorized to act on behalf of the copyrightowner;
b. Identification of the copyrighted work claimed to have beeninfringed;
c. Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled as well as information reasonably sufficient to permitusto locate the material;
d. Information reasonably sufficient to permitusto contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
e. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
f. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For more details on the information required for valid notification, see 17 U.S.C. 512(c) (3). You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys’ fees.

If a notice of copyright infringement has been filed against you, you may file a counter notification with our Designated Agent at the address listed below. Such counter notification must contain the following information:

a. A physical or electronic signature;
b. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it wasdisabled;
c. A statement under penalty of perjury that the Member has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
d. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the federal district in which you are located, and that you will accept service of process from the complainant.

If we receive a valid counter notification, the DMCA provides that the removed material will be restored, or access re-enabled.

Contact for DMCA complaints:

Email – DPO@cadlearning.com

Phone – (603) 641-3900

23. INCIDENT REPORTING. Report violations of these TOS, spam, or other similar issues or problems at: DPO@cadlearning.com or by mail at 4D Technologies, LLC, 360 Route 101, Building 2, Bedford, New Hampshire 03110.

24.TRADEMARKS. CADLearning® is a registered trademark owned by us. You agree that all of our trademarks, trade names, service marks and other logos and brand features, and product and service names (collectively, the “4D Marks”) are our trademarks and property. You agree not to display or use in any manner the 4D Marks without our prior written permission. All other trademarks mentioned in conjunction with the 4D Products and/or 4D Services (“Third Party Marks”) are owned by their respective owners. You agree not to display or use in any manner any of the Third Party Marks without express permission from their respective owners.

25. ENTIRE AGREEMENT. These TOS, any applicable Enterprise Subscription Agreement, and any updates thereto, will constitute the entire agreement between you and us concerning the 4D Products and 4D Services and supersedes all prior understandings, agreements and documentation relating to such subject matter.

26. THESE TERMS OF USE WERE LAST UPDATED May 21, 2020. We reserve the right to update these TOS at any time by posting such changes on the Website through which you are accessing the Platform and the 4D Products and the 4D Services. All such changes will be effective from the date on which they are posted and your continued use of the 4D Products and the 4D Services thereafter serves as your acceptance of such changes. You should check these TOS from time to time to read what, if any, changes have been made.

4D Technologies Privacy Policy

All capitalized terms not defined herein have the meanings assigned to them in our Terms of Service.

This Privacy Policy governs our collection of information about you through our Websites and through your use of that platform, our 4D Products, and our 4D Services and our use of that information. This Privacy Policy does not pertain to, and we are not responsible for, the privacy practices of any third party websites to which our Websites hyperlink.

1. Collection of Personally Identifiable Information. Certain areas of our Websites may require or allow your direct submission of Personal Information. As used in this Privacy Policy, “Personal Information” means information that would allow someone to identify or contact you or your household; provided, however, that Personal Information does not include aggregated information that, by itself, does not permit the identification of specific individual persons, or other exceptions that may be available pursuant to applicable law. The Personal Information we collect, from whom it is sourced, and to whom it is shared is described further below. You expressly consent to the collection, use and disclosure of your Personal Information in accordance with this Notice by clicking the “I accept” box upon creating your account with us or by otherwise accessing or using our Website, our platform, and/or the 4D Products and/or the 4D Services.

2. Use and Sharing of Personally Identifiable Information. We use your Personal Information that we collect for the purposes for which you submitted it, such as membership information, product authorization, support requests, and requests and inquiries for further information. We do not and will not sell, disclose, or share Personal Information with third parties, including affiliated firms and third parties performing services for us or on our behalf. We may, however, be legally obligated to disclose information to the government or third parties under certain circumstances such as compulsory process and, by continuing to use our Websites, our 4D Products and our 4D Services, you hereby consent to such disclosures as and to the extent permitted by applicable law.

3. Your Right to Know About Personal Information Collected, Disclosed, or Sold. You have the ability to review and change the Personal Information you submit to us by logging into your account with us. You may also request that we delete your Personal Information and/or disclose to you what Personal Information of yours we collect, use, disclose, and sell. You, or your designated agent (as evidenced by a dated, notarized, and manually signed declaration or power or attorney, or certified order of a court or governmental agency) may submit these requests in writing by contacting us at the email address or mailing address below with your account information. Please note that deletion of Personal Information will not ensure the permanent removal of such Personal Information from our systems; for example, such Personal Information may remain in our archival or backup copies of our Websites.

NOTICE OF COLLECTION PRACTICES

In the preceding twelve months 4D Technologies has collected, but not shared or sold, the following Personal Information from and with the following sources:

Category of Personal Information	Type of Personal Information	Source
Identifiers	Real name Alias(es) Mailing address Unique personal identifiers Online identifiers IP address Email address Account name	You
Special Information	Telephone number Credit card number* Debit card number* * last 4 digits only	You
Commercial Information	Records of 4D Products and 4D Services purchased, obtained, or considered by you	You
Internet or other electronic network activity information	Browsing history on our Websites Search history on our Websites Information regarding your interaction with our Websites, our platform, the 4D Products and the 4D Services	Our cookie technology
Professional or employment-related information	Name of current employer and title or position, department, project	You

Without limiting the generality of the foregoing, we specifically do not sell the personal information of minors under 16 years of age.

4. California Privacy Rights – Shine the Light Law. California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below. Additionally, if you are under 18 years of age, reside in California, and have a registered account with us, you have the right to request removal of unwanted data that you publicly post on our platform. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the platform, but please be aware that the data may not be completely or comprehensively removed from our systems.

5. COPPA. While our platform and our 4D Products and 4D Services are not specifically directed towards children, Enterprise Customers that are educational institutions, school districts, or schools are permitted under their Enterprise Subscription Agreements to use them with their students for educational purposes. With respect to those Enterprise Users’ students, we collect only the following information, which is not shared or sold by us and is used by us only to permit the Enterprise Customer and its students to use and access the platform, the 4D Products, and the 4D Services consistent with the terms of the Enterprise Subscription Agreements and our Terms of Service:

Category of Personal Information	Type of Personal Information	Source
Identifiers	Email address	Enterprise User or student
Internet or other electronic network activity information	Information regarding the student’s interaction with our Websites, our platform, the 4D Products and the 4D Services	Our cookie technology

Students are not allowed to submit any Submissions (as such term is defined in our Terms of Service).

With regard to school-based activities, COPPA allows teachers and school administrators to act in the stead of parents to provide consent for the collection of personal information from children, and such Enterprise Customers that are educational institutions, school districts, or schools must expressly consent to this Privacy Policy as a condition of use of our platform and the 4D Products and 4D Services. We specifically rely on this consent in entering into the Enterprise Subscription Agreement with those Enterprise Customers. Schools should always notify parents about these activities.

We do not knowingly collect information from children under the age of 13. If you are an Enterprise Customer or a parent or guardian and you learn that any of your students or children under the age of 13 has provided us with personal information, please contact us and at your request we will permit you to review the information and we will delete the information.

6. Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights. You have the right not to receive discriminatory treatment by us for the exercise of your privacy rights conferred by applicable law. We offer no financial incentives for the collection, retention, or use or disclosure of your Personal Information.

7. EU to US Data Transfers. When using or accessing the Websites, the platform, and our 4D Products and 4D Services, we may collect, store, process and transfer your Personal Information to such parties necessary to facilitate your use of and access to the Platform. To this end, we may act as a processor on your behalf or on behalf of those parties and may be deemed a “data processor” as defined in the General Data Protection Regulation (GDPR). Our headquarters is in the United States, and we operate there as well as in other countries, either through our affiliates or through third parties. Therefore, we, ourselves or via third parties, may transfer your personal information to, or process or gain access to it from, jurisdictions that may not provide the same level of protections as your home jurisdiction. We are relying on the derogations in Article 49 of the GDPR, as the United States has not received a designation of adequacy under Article 45 of the GDPR. Therefore, it is important to note that we may transfer your Personal Information to the United States only (a) with your explicit informed consent, (b) for contractual necessity (which means that the processing of your personal information is required for us to provide services to you), or (c) for other reasons enumerated in Article 49, including:

Our legitimate interest in the provision of access and use of the Websites, our platform, and the 4D Products and 4D Services as agreed by you and us;
As may be required by applicable law, rule, or regulation;
Where the processing of Personal Information is strictly necessary and proportionate for the purposes of ensuring network and information security.

We do not collect or store any sensitive data (under the GDPR) about you and we employ a variety safeguards to help to secure and maintain the privacy of your Personal Information.

Our Data Protection Officer can be reached at DPO@cadlearning.com. We are the data controller of your Personal Information. We do not use automated decision making to provide the Site or Services to you, and we use your Personal Information for the legitimate purposes described in Section 2 and elsewhere in this Privacy Policy.

Under the GDPR, you have eight rights:

The right to be informed – of the nature of the Personal Information we process, why we process it, and with whom that information may be shared – See Sections 1, 2, and 5 and “Notice of Collection Practices” above.
The right of access to your Personal Information – See Sections 3 and 4 above.
The right to rectification of errors in your Personal Information – See Sections 3 above.

The right to erasure of your Personal Information – See Sections 3 and 4 above.
The right to restrict our processing of your Personal Information – See Section 3 above.
The right to portability of your Personal Information – please email us at DPO@cadlearning.com to obtain the Personal Information you have shared using the Website, our Platform, or the 4D Products or 4D Services.
The right to object – See Sections 3, 4, 5, and 6 above.
Rights related to automated decision making and profiling – We do not utilize automated decision making or profiling in our provision of the Website, the Platform, or the 4D Products or the 4D Services.

8. Further Information. Questions or concerns, requests, and other information requests regarding this Privacy Policy may be submitted by email to DPO@cadlearning.com or by mail at 4D Technologies, LLC, 360 Route 101, Building 2, Bedford, New Hampshire 03110.

9. THIS PRIVACY POLICY WAS LAST UPDATED May 21, 2020. We reserve the right to update this Privacy Policy at any time by posting such changes on the Website through which you are accessing the 4D Products and the 4D Services. All such changes will be effective from the date on which they are posted and your continued use of the 4D Products and the 4D Services thereafter serves as your acceptance of such changes. You should check this Privacy Policy from time to time to read what, if any, changes have been made.

4D Technologies Service Level Agreement

The terms of this Service Level Agreement (“SLA”) are applicable solely to those of our customers who are parties to an Enterprise Subscription Agreement (each, an “Enterprise Customer”).

All capitalized terms not defined herein have the meanings assigned to them in our Terms of Service.

SERVICE AVAILABILITY COMMITMENT. We will make available to you, an Enterprise Customer, and your employees, students, or customers (each, an “Enterprise User”) those 4D Services for which you have subscribed with sufficient consistency that the Service Availability (as defined below) is at least 99.0% in any given month.

“Service Availability” for a given month equals 100% less the Outage Percentage for that month.
An “Outage” means a period of time during which Enterprise Users: (i) suffer a complete loss of access to the 4D Services; or (ii) experience a sustained and material degradation compared to normal system performance. An Outage does not include an Enterprise User’s loss of access to the 4D Services due to: (A) internet or other telecommunication errors or failures outside of our control; (B) failures attributed to your or their own equipment, including computer hardware and software; (C) other causes outside of our reasonable control; (D) any Maintenance (as defined below); (E) acts or omissions of you or them; or (F) any unauthorized use of the 4D Services by you or them. 
The “Outage Percentage” means the total duration (measured in minutes) of an Outage during a given month divided by the number of minutes elapsing during that month. 2. APPLICABILITY OF SERVICE COMMITMENT. This SLA is applicable only to Enterprise Customers. This SLA is not applicable to individual subscribers or to Enterprise Users.
3. OUTAGE REPORTING PROCESS. You or one of your Enterprise Users must inform our Customer Support Department in writing or by email within forty-eight (48) hours of the time you or that user first notices an Outage or first believes that there has been an Outage. Failure to comply with this requirement will forfeit your right to receive a remedy for the Outage as described in Section 5 of this SLA. 
4. OUTAGE DISPUTES. If a dispute arises about whether or not an Outage occurred, we will make a determination in good faith based on our system logs, monitoring reports and configuration records, which we will make available for your review upon request.
5. REMEDY. If Service Availability falls below ninety-nine percent (99%) for a given month, then as your sole and exclusive remedy for any failure of the 4D Services under this SLA, the Enterprise Subscription Agreement or the Terms of Use, you shall receive a credit for the applicable subscription of 1/30th of the monthly fee for that subscription for each cumulative thirty (30) minutes of Outage up to but not exceeding the monthly hosting fee.  Credits are applied to the next billing cycle.
6. MAINTENANCE. To enhance the performance of the 4D Services, we reserve the right to perform unscheduled emergency maintenance at any time. Additionally, we reserve the right to perform scheduled maintenance that is designed not to impact the 4D Services at any time. 4D Technologies will make commercially reasonable efforts to schedule maintenance between 12:00 p.m. Eastern Time on Fridays and 12:00 p.m. Eastern Time on Sundays (the “Regular Maintenance Period”). 4D Technologies will also attempt to notify Customer at least 24 hours in advance of any maintenance that does not fall within the Regular Maintenance Period. 
7. THIS SERVICE LEVEL AGREEMENT WAS LAST UPDATED May 21, 2020. We reserve the right to update this SLA at any time by posting such changes on the Website through which you are accessing the 4D Products and the 4D Services. All such changes will be effective from the date on which they are posted and your continued use of the 4D Products and the 4D Services thereafter serves as your acceptance of such changes. You should check this SLA from time to time to read what, if any, changes have been made.

4D Technologies Acceptable Use Policy

This Acceptable Use Policy (“AUP”) is provided by us to give you a clear understanding of what we expect of you while using our 4D Products and 4D Services, including all services accessed through our Website. All subscribers and users must comply with this AUP.

All capitalized terms not defined herein have the meanings assigned to them in our Terms of Service.

ACCEPTABLE USE

You agree to use the 4D Products and the 4D Services solely: (i) for their intended purpose; (ii) pursuant to the Terms of Service; (iii) pursuant to the terms and conditions of this AUP; and (iv) in accordance with all applicable policies, laws and/or regulations. You are solely responsible for your use of the 4D Products and the 4D Services and you use them at your own risk.

You may not use the 4D Services, or any portion thereof, to publish Submissions that we determine, in our sole discretion, to be unlawful, indecent, or objectionable. We may remove any Submission that we deem, in our sole and absolute discretion, violate this AUP, our Terms of Service, or any other applicable policy, law, rule, and/or regulation. We may also cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing.

If you use an account to violate this AUP, we reserve the right to suspend access to the 4D Products or the 4D Services and terminate any Enterprise Subscription Agreement or other agreement then in effect without notice.

VIOLATIONS OF THIS AUP

The following constitute violations of this AUP, which will result in the immediate termination of your account and subscriptions:

ILLEGAL USE. You may not use the 4D Products or the 4D Services for illegal purposes, or in support of illegal activities.
HARM TO MINORS. You may not use the 4D Products or the 4D Services to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
THREATS. You may not use the 4D Products or the 4D Services to transmit any Submission (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
HARASSMENT. You may not use the 4D Products or the 4D Services to transmit any Submission (by e-mail, uploading, posting or otherwise) that harasses another.
FRAUDULENT ACTIVITY. You may not use the 4D Products or the 4D Services to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as pyramid schemes, Ponzi schemes, and chain letters.

FORGERY OR IMPERSONATION. You may not use the 4D Products or the 4D Services to add, remove or modify identifying network header information in an effort to deceive or mislead. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
UNSOLICITED COMMERCIAL E-MAIL / UNSOLICITED BULK E-MAIL (SPAM)/ BOMBING. You may not use the 4D Products or the 4D Services to transmit any unsolicited commercial or unsolicited bulk e-mail or to interfere with another person’s use of electronic mail services, news, or other features.
E-MAIL / MESSAGE FORGING. You may not forge any message header, in part or whole, of any electronic transmission, originating or passing through a 4D Service.
USENET SPAMMING. You may not use the 4D Products or the 4D Services for the posting of messages or commercial advertisements. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
UNAUTHORIZED ACCESS. You may not use the 4D Products or the 4D Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, our security measures or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data. You may not attempt to obtain another user’s account password. Sharing passwords and account access with unauthorized users is prohibited. It is your sole responsibility to keep any password(s) secure.

COPYRIGHT OR TRADEMARK INFRINGEMENT. You may not use the 4D Products or the 4D Services to transmit any Submission (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
COLLECTION OF PERSONAL DATA. You may not use the 4D Products or the 4D Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
IRC. Use of IRC or IRC bots or clonebots is not allowed. An IRC bot is a program that runs and is connected to an IRC server twenty-four (24) hours a day, automatically performing certain actions.
NETWORK DISRUPTIONS AND UNFRIENDLY ACTIVITY. You may not use the 4D Products or 4D Services for any activity that affects the ability of other people or systems or the Internet. This includes “denial of service” (DOS) attacks against another network host or individual user.
DISTRIBUTION OF VIRUSES. You may not use the 4D Products or the 4D Services to intentionally distribute software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems.

CIRCUMVENTION OF POLICY. You may not advertise, transmit or otherwise make available any software, program, product or service that is designed to violate this AUP.
COPYING OR DISTRIBUTION. You may not copy or distribute in any medium any part of our Website or the 4D Products or the 4D Services, except where expressly authorized by us in writing.
MODIFICATION OR ALTERATION OF SERVICES. You may not modify or alter any part of our Website or the 4D Products or the 4D Services or any of its related technologies, except as expressly intended by the 4D Products or the 4D Services.
THIRD PARTY ACCOUNTABILITY. You will be held responsible and accountable for any activity by third parties using your account that violates guidelines created within this AUP.

YOUR RESPONSIBILITIES

You are responsible for taking prompt corrective actions to remedy any violation of the AUP and to help prevent similar future violations.

THIS ACCEPTABLE USE POLICY WAS LAST UPDATED May 21, 2020. We reserve the right to update this AUP at any time by posting such changes on the Website through which you are accessing the 4D Products and the 4D Services. All such changes will be effective from the date on which they are posted and your continued use of the 4D Products and the 4D Services thereafter serves as your acceptance of such changes. You should check this AUP from time to time to read what, if any, changes have been made.

4D Technologies Cookie Policy

Introduction

4D Technologies, LLC (dba CADLearning) (“4D Technologies”, “we”, “us”, “our(s)”) uses cookies and other identification technologies on our websites, apps, emails, online ads, and other online services (collectively, “Service Offerings“) for a number of purposes, including authenticating users, remembering user preferences and settings, analyzing site traffic and trends, and generally understanding the online behaviors and interests of our users and other people who interact with our Service Offerings. This policy describes the types of cookies we use with our Service Offerings, why we use them, what your choices are regarding their use, and how you can exercise your choices.

Background

Cookies are small text files that are stored on your browser or device by websites, apps, online media, and advertisements. These files ‘remember’ your browser or device during and across website visits. We use cookies as well as other technologies – such as ‘pixels’ or ‘beacons’ – that may identify you or the devices and browsers you use, and tell us your device type, operating system, browser type and version, and IP address; and which of our websites you visited, the time of visit, and any referring website, for example.

Your Choices

You have the right to choose whether or not to accept cookies. However, they are an important part of how our Service Offerings work, and if you refuse or remove cookies, this could affect the availability and functionality of our Service Offerings.

Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. To do so, please follow the instructions provided by your browser, which are usually located within the “Help” or “Preferences” menu.

Removing or rejecting browser cookies does not necessarily affect third-party flash cookies. To delete or disable flash cookies, visit this site for more information. For further information about cookies, visit https://youradchoices.com/.

For mobile users, you have controls in your device Operating System that enable you to choose whether to allow cookies or share your advertising ID with us or our service providers. For information on controlling your mobile choices, see www.networkadvertising.org/mobile-choices. You may also choose to download and utilize the DAA mobile app found at https://youradchoices.com/appchoices to help control or block certain ads in mobile apps.

Types and Purposes of Cookies

The following table sets out the different categories of cookies that we use in our Service Offerings and why we use them.

Type of Cookie	Purpose
Necessary	These cookies (including local storage and similar technologies) are essential to enable your use of our Service Offerings, such as assisting with your account login. They may also provide authentication, site security, and help localize the language based on the geography of your visit.
Site features and services	These cookies help us deliver products and services to you. For example, cookies help you log in by pre-filling fields. We may also use cookies and similar technologies to provide you with customized content and experiences, such as making suggestions to you and others.
Analytics, performance and research	We use these cookies to develop and improve our Service Offerings by understanding your use of them, including when you access our Service Offerings from a computer or mobile device. For example, we may use these cookies to understand how you are using the features of our Service Offerings and to segment audiences for feature testing.
Advertising	These cookies and pixels are used to deliver relevant ads and track email marketing or ad campaign performance and efficiency. Similarly, our partners may use a cookie, attribution service, or another similar technology to determine whether we’ve delivered an ad and how it performed or provide us with information about how you interact with them.
Mobile-Specific	These service providers use various technologies to deliver relevant mobile ads, track mobile marketing or mobile ad campaign performance and efficiency.

Contact us

If you have any questions about our use of cookies, please submit them to us at DPO@cadlearning.com.

Rev. May 21,2020

4D Technologies Product Refund Policy

Refunds

We will refund your purchase price for regular-priced items if you are dissatisfied with your purchase for any reason and contact us with that reason within 30 days of your purchase. No refunds are available after that 30–day period has expired. No refunds are available for sale items.

Late or missing refunds

If your refund was approved but you have not received it, first check your bank, credit card, or other account again. Then contact your bank, credit card, or other account provider. There is often some processing time before a refund is posted. If you have completed all of these steps and you still have not received your refund, please contact us at financedept@cadlearning.com.

THIS PRODUCT REFUND POLICY WAS LAST UPDATED MAY 21, 2020. We reserve the right to update this policy at any time by posting such changes on the Website through which you are accessing the 4D Products and the 4D Services. All such changes will be effective from the date on which they are posted, and your continued use of the 4D Products and the 4D Services thereafter serves as your acceptance of such changes. You should check this policy from time to time to read what, if any, changes have been made.