Terms of Service
4D Technologies, LLC (dba CADLearning) (“4D Technologies”, “we”, “us”, “our(s)”) is an online learning platform where users can access on-demand, customizable learning systems designed to identify and address knowledge gaps and provide in-application support to maximize performance for users of Autodesk 2D and 3D design, engineering and entertainment software.
1. ACCEPTANCE OF TERMS. By using the 4D Services, you acknowledge and agree to the terms and conditions contained herein. Such acknowledgement and agreement is further confirmed by indicating your acceptance as applicable. The 4D Services, including any updates, enhancements, new features, and/or the addition of any new websites, that 4D provides to you are subject to these TOS. We reserve the right to update these TOS at any time by posting such changes on the website through which you are accessing the 4D Services. All such changes will be effective from the date on which they are posted and your continued use of the 4D Services thereafter serves as your acceptance of such changes. You should check these TOS from time to time to read what changes have been made.
2. DESCRIPTION OF THE 4D SERVICES AND PRODCUTS. Through our websites (located at CADLearning.com or as otherwise hosted by us, collectively the “Website”), we provide you with access to a variety of products, including s and eBooks (the “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 (as defined herein), 4D Services, Service Materials (as defined herein) and/or other related content (collectively the “4D Services”).
3. PAYING FOR YOUR SUBSCRIPTION. When you sign up for an Individual Membership, you are subscribing to certain 4D Services. You may sign up for either one-month or one-year Subscription terms for access to and use of the 4D Services (your “Subscription”). Yearly Subscriptions may be paid in full up-front or in monthly installments, 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 4D Services and/or terminate your Subscription. All fees related to your Subscription are due in U.S Dollars.
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 Services. Please note that all student and faculty subscriptions are non-refundable.
4D Technologies may terminate your Subscription, without notice, effective immediately if you breach any of the terms and conditions herein. Upon such a termination by 4D Technologies, you will still be responsible for the monthly subscription fee for the month in which such termination occurs.
6. PRODUCT RETURNS AND REFUNDS. For information about our refund policy for purchases of our Products, please read our Product Refund, Return and Shipping Policy.
7. INTELLECTUAL PROPERTY; LIMITED LICENSE. You acknowledge and agree that (excluding your Submissions as defined below) any Products made available through our websites, any software (including any mobile applications) that is made available to download from the 4D Services (“Software”) and any sample and actual forms, checklists, business documents, our logo and all designs, text, graphics, pictures, information, data, software and the selection and arrangement thereof (collectively, the “Service Materials”) are the proprietary property of 4D Technologies and/or its licensors and are protected by US and International copyright, trademark and/or other intellectual property laws.
You will be unable to access or use the 4D Services unless you accept all of the terms and conditions of this TOS. Any reproduction or redistribution of the 4D Services not in accordance with these TOS and/or other applicable policies is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Provided that you indicate your acceptance of these TOS as applicable, you are granted a limited, non-sublicensable, non-transferable, revocable license to access and use the 4D Services. This license is subject to these TOS. Any use of 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.
8. RESTRICTIONS. WITHOUT LIMITING THE FOREGOING AND UNLESS EXPRESSLY AGREED TO OTHERWISE IN WRITING BY 4D TECHNOLOGIES: (I) YOUR USE OF THE PRODUCTS AND/OR 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 PRODUCTS AND/OR 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 PRODUCTS AND/OR 4D SERVICES OR ANY INFORMATION CONTAINED THEREIN, EXCEPT AS EXPRESSLY PERMITTED IN THESE TOS; AND/OR (D) ANY USE OF THE PRODUCTS AND/OR 4D SERVICES OTHER THAN FOR ITS INTENDED PURPOSE.
9. 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.
10. MEMBER ACCOUNT, PASSWORD, AND SECURITY. Certain sections of, or offerings from, 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.
11. 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.
12. SUBMISSION POLICY. You acknowledge that it is your responsibility to ensure that any items that you may upload via the 4D Services including without limitation any files, text, schema, data, images or other content (“Submissions”) does not violate the AUP and/or any laws, rules, other policies or regulations. We respect your rights and do not wish to censor any of your Submissions. You are solely responsible for your use of the 4D Services and for any Submissions that you post via the 4D Services and you agree to use the 4D Services at your own risk. We are not obligated to but reserve the right at all times to edit, refuse to post or to remove any information, materials and/or Submissions, in whole or in part, that in our sole discretion, violate these TOS, the AUP or any other applicable policy, law and/or regulation.
13. USE. You agree to use 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.
15. THIRD PARTY CONTENT. We may occasionally provide links to third party sites which will navigate you away from our website (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. UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING THE PRODUCTS AND 4D SERVICES (INCLUDING WITHOUT LIMITATION OUR WEBSITE, SERVICES, SOFTWARE, SERVICE MATERIALS AND/OR ANY OTHER CONTENT INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE 4D SERVICES) ARE PROVIDED TO YOU “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT ANY 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 ANY OF THE PRODUCTS AND/OR 4D SERVICES. UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE 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 OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT KNOWN, 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 PRODUCTS AND 4D SERVICES ARE INTENDED FOR TRAINING PURPOSES ONLY. AS SUCH THE 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 4D TECHNOLOGIES SHALL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING FROM OR RELATED TO THE USE OF THE PRODUCTS AND/OR 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 PRODUCTS AND/OR 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 CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM US, VIA THE PRODUCTS AND/OR 4D SERVICES OR THAT MAY RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR UNAUTHORIZED ACCESS TO THE 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 PRODUCTS AND/OR 4D SERVICES PROVIDED HEREUNDER IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEEDING THE EVENT(S) GIVING RISE TO SUCH LIABILITY.
17. INDEMNIFICATION. You agree, at your sole expense, to defend, indemnify and hold 4D Technologies, its directors, employees and agents, independent contractors, service providers and consultants, and their respective 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 Products and/or 4D Services; (ii) your conduct; (iii) your violation of these TOS or any other 4D Technologies policy or applicable law and/or regulation; (iv) your violation of the rights of any third party; or (v) any of your Submissions.
18. CONFLICT RESOLUTION. You and 4D Technologies (each individually a “Party” and collectively the “Parties”) agree that any dispute relating to the 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. The Parties 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 the Parties 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 4D Technologies must be resolved by a court located in Hillsboro New Hampshire, except as otherwise agreed to or 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 4D Services shall be entitled to its reasonable attorneys’ fees and costs.
20. WAIVER. 4D Technologies’ 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. ENTIRE AGREEMENT. These TOS, any applicable Enterprise Subscription Agreement (as defined below) and any updates thereto, will constitute the entire agreement between you and 4D Technologies concerning the 4D Services and supersedes all prior understandings, agreements and documentation relating to such subject matter.
22. 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.
23. 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 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 copyright owner;
- b. Identification of the copyrighted work claimed to have been infringed;
- 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 permit 4D Technologies to locate the material;
- d. Information reasonably sufficient to permit the service provider to 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 DCMA, 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 4D Technologies’ 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 was disabled;
- 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 4D Technologies receives a valid counter notification, the DMCA provides that the removed material will be restored, or access re-enabled.
Contact for DMCA complaints:
Email – firstname.lastname@example.org
Phone – (603) 641-3900
24. INCIDENT REPORTING. Report violations of these TOS, spam, or other similar issues or problems at: email@example.com; or by mail at 4D Technologies, LLC, 360 Route 101, Building 2, Bedford, New Hampshire 03110.
25. TRADEMARK AND COPYRIGHT NOTICE. CADLearning® is a registered trademark owned by 4D Technologies. You agree that all 4D Technologies trademarks, trade names, service marks and other 4D Technologies logos and brand features, and product and service names are trademarks and the property of 4D Technologies (the “4D Marks”). 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 Services (“Third Party Marks”) are owned by their respective owners and are protected by United States and international law. You agree not to display or use in any manner the Third Party Marks without express permission from the respective owner.
Copyright © 2004 – 2016 4D Technologies, LLC, 360 Route 101, Building 2, Bedford, New Hampshire 03110 U.S.A. All rights reserved.
Adobe ® AIR® Copyright © 2007 – 2016. Adobe Systems Incorporated. All rights reserved. Adobe, Adobe AIR, and AIR are either trademarks or registered trademarks in the United States and/or other countries.
26. ENTERPRISE CUSTOMERS. If you are not an individual customer or end user, but are purchasing access to the 4D Services for multiple employees, students or customers (collectively, “Students”), then you are required to enter into a separate Enterprise Subscription Agreement. Use of the 4D Services by you or any of your Students constitutes a representation that you have entered into an appropriate Enterprise Subscription Agreement. Except to the extent that the terms of your Enterprise Subscription Agreement conflicts with the provisions of these TOS, these TOS will also apply to your access to the 4D Services under your Enterprise Subscription Agreement. With the exception of this Section 16, these TOS and the AUP apply in all cases to your Students.
4D Technologies Acceptable Use Policy (AUP)
All capitalized terms not defined herein have the meanings assigned to them in our Terms of Service.
This Acceptable Use Policy (“AUP”) is provided by 4D Technologies to give its customers and users (collectively, “Customers”) a clear understanding of what 4D Technologies expects of them while using the 4D Services, including all services accessed through our Website. All Customers who subscribe to or use the Services must comply with this AUP.
For the purposes of this AUP the term ”Customer” includes corporations, educational institutions and other legal entities (“Enterprise Customers”) and individuals who subscribe directly for Services as well as end users who access the Services under an Enterprise Customer (“Individual Customers”).
This AUP is also governed by the terms and conditions of any 4D Technologies Subscription License Agreement or similar license agreement (the “License Agreement”) that may be currently in effect between Customer and 4D Technologies.
UNDER THE TERMS OF THE LICENSE AGREEMENT, YOUR CONTINUED ACCESS TO AND USE OF THE SERVICES IS SUBJECT TO YOUR REVIEW AND ACCEPTANCE OF THIS AUP.
Customers may not use the 4D Services, or any portion thereof, to publish Material, which 4D Technologies determines, in its sole discretion, to be unlawful, indecent, or objectionable. For purposes of this policy, “Material” refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, and logos), executable programs, video recordings, and audio recordings provided by Customers.
4D Technologies may remove any materials which 4D Technologies determines, in its sole and absolute discretion, violate this AUP. 4D Technologies may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing.
If any Customer or any of Customers’ agents or employees uses an account to violate this AUP, 4D Technologies reserves the right to suspend access to the Services and terminate any License Agreement then in effect without notice.
VIOLATIONS OF THIS AUP
The following constitute violations of this AUP:
Illegal use. Customers may not use the Services for illegal purposes, or in support of illegal activities.
Harm to minors. Customers may not use the Services to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
Threats. Customers may not use the Services to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
Harassment. Customers may not use the Services to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
Fraudulent activity. Customers may not use the 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. Customers may not use the 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). Customers may not use the Services to transmit any unsolicited commercial or unsolicited bulk e-mail.
E-mail / news bombing. Malicious intent to impede another person’s use of electronic mail services or news will result in the immediate termination of the offending 4D Technologies account.
E-mail / message forging. Customers may not forge any message header, in part or whole, of any electronic transmission, originating or passing through the Service.
Usenet spamming. Customers may not use the Services for the posting of messages or commercial advertisements, which violate the rules, regulations, or charter of any newsgroups or mailing list. 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. Customers may not use the Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, 4D Technologies’ 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. Customers will not attempt to obtain another user’s account password. Sharing passwords and account access with unauthorized users is prohibited. It is Customers’ sole responsibility to keep any password(s) secure.
Copyright or trademark infringement. Customers may not use the Services to transmit any material (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. Customers may not use the 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 which runs and is connected to an IRC server twenty-four (24) hours a day, automatically performing certain actions.
Network disruptions and unfriendly activity. Use of the Service for any activity which 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. Customers may not use the Services to intentionally distribute software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited.
Circumvention of Policy. Customer may not advertise, transmit or otherwise make available any software, program, product or service that is designed to violate this AUP.
Copying or Distribution. Customer may not copy or distribute in any medium any part of our Website or the Services, except where expressly authorized by us.
Modification or Alteration of Services. Customer may not modify or alter any part of our Website or the Services or any of its related technologies, except as expressly intended by the Services.
Third party accountability. Customers will be held responsible and accountable for any activity by third parties, using its account that violates guidelines created within this AUP.
Customers are responsible for taking prompt corrective actions to remedy any violation of the AUP and to help prevent similar future violations.
4D Technologies AUP v.112715
4D Technologies Service Level Agreement (SLA)
All capitalized terms not defined herein have the meanings assigned to them in our Terms of Service.
The terms of this SLA are applicable solely to Customers of the 4D Services that are corporations, educational institutions or legal entities that are subscribing for services for an agreed upon group of employees, students and/or other end users.
- Service Availability Commitment. The 4D Services provided by 4D Technologies under the applicable subscription agreement through one or more of our Websites, including access to educational videos, shall be available for use by the Customer or the end users of the Customer (the “End Users”) with sufficient consistency that the Service Availability (as defined below) is at least 99.0% in any given month. “Service Availability” means the actual time in a given month during which the 4D Services are available for End Users to access free of any Outage (as defined below). An “Outage” means the minutes in a given month during which Customer: (i) suffers a complete loss of access to the 4D Services; or (ii) experiences a sustained and material degradation compared to normal system performance. An Outage does not include Customer’s loss of access to the 4D Services due to: (A) internet or other telecommunication errors or failures outside of 4D Technologies’ control; (B) failures attributed to Customer’s own equipment, including computer hardware and software; (C) other causes outside of 4D Technologies’ reasonable control; (D) any Regular Maintenance (as defined below); (E) acts or omissions of Customer; or (F) any unauthorized use of the 4D Services by Customer or its End Users.
- Outage Reporting Process. Customer must inform 4D Technologies’ Customer Support Department in writing or by email within forty-eight (48) hours of the time it first notices an Outage or first believes that there has been an Outage. Failure to comply with this requirement will forfeit Customer’s right to receive a remedy for the Outage as described in Section 5 of this SLA.
- Outage Disputes. If a dispute arises about whether or not an Outage occurred, 4D Technologies shall make a determination in good faith based on its system logs, monitoring reports and configuration records, which 4D Technologies shall make available for Customer’s review upon request. The “Outage Percentage” means the total duration of an Outage during a given month divided by the total time during such month.
- Applicability of Service Commitment. This SLA is applicable only to individuals or enterprises who directly subscribe for the 4D Services and have a direct contractual relationship with 4D Technologies. This SLA is not applicable to end users who access the 4D Services as employees, students or customers of a corporation or educational institution.
- Maintenance. To enhance the performance of the 4D Services, 4D Technologies reserves the right to perform unscheduled emergency maintenance of the websites and related software at any time. Additionally, 4D Technologies reserves the right to perform scheduled maintenance that is designed not to impact the Software 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.
4D Technologies SLA v.112715
4D Technologies Product Refund, Return and Shipping Policy
Our policy lasts 30 days. If 30 days have expired since your purchase, unfortunately we can’t offer you a refund or exchange.
To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.
To complete your return, we require a receipt or proof of purchase.
There are certain return situations where only partial refunds are granted including: (if applicable)
- Books or other such publications with obvious signs of use;
- CD, , VHS tape and/or software, that has been opened;
- Any item not in its original condition, is damaged or missing parts for reasons not due to our error.
- Any item that is returned more than 30 days after delivery
Refunds (if applicable)
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within 14 days.
Late or missing refunds (if applicable)
If you haven’t received a refund yet, first check your bank, credit card or other account again.
Then contact your credit card company, it may take some time before your refund is officially posted.
Next contact your bank, credit card or other account provider. There is often some processing time before a refund is posted.
If you’ve done all of this and you still have not received your refund yet, please contact us at
Sale items (if applicable)
Only regular priced items may be refunded, unfortunately sale items cannot be refunded.
Exchanges (if applicable)
We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at firstname.lastname@example.org and send your item to: 360 Route 101, Bldg. #2 Bedford, NH 03110
To return your product, you should mail your product to: 360 Route 101, Bldg. #2 Bedford, NH 03110
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
Depending on where you live, the time it may take for your exchanged product to reach you, may vary.
If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.
2. Use and Sharing of Personally Identifiable Information. 4D Technologies uses your Personally Identifiable Information for the purposes for which it was submitted by you to 4D Technologies, such as membership information or product authorization. 4D Technologies will not share Personally Identifiable Information with third parties, including affiliated firms and third parties performing services for or on behalf of 4D Technologies. 4D Technologies may be legally obligated to disclose information to the government or third parties under certain circumstances and, by continuing to use 4D Technologies’ Websites, you hereby authorize 4D Technologies to make such disclosures as permitted by applicable law.
3. Review and Removal of Personally Identifiable Information. You have the ability to automatically review and change the Personal Identifiable Information you submit to 4D Technologies’ Websites by logging into 4D Technologies’ Websites. You may review the contents of any Personally Identifiable Information with respect to you collected at 4D Technologies’ Websites. 4D Technologies will use reasonable efforts to remove your Personally Identifiable Information from the then-current version of 4D Technologies’ Websites at any time upon your written request. Such removal of Personally Identifiable Information will not ensure the permanent removal of such Personally Identifiable Information from 4D Technologies’ Websites. For example, such Personally Identifiable Information may remain in 4D Technologies’ archival or backup copies of 4D Technologies’ Websites.