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 SERVICE LEVEL AGREEMENT,
- OUR ACCEPTABLE USE POLICY (“AUP”),
- 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.
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.