Current as of 01 Jan 2011
The following terms apply to 1) enrollment in classes offered by IBM, and 2) orders for IBM's education materials. These terms, along with any applicable license agreement, are the complete agreement between us regarding the courses or education materials we provide and replace any prior oral or written communications between us. Attendance at a class or your use of any education materials constitutes your agreement to these terms and conditions. Occasionally, we have offerings with additional or different terms and conditions. If so, we will provide those terms and conditions to you. For example, conference terms and conditions are outlined in the conference registration section of the conference website or in the conference brochure for the event.
Courses and education materials
We list our generally available courses and education materials in various IBM Catalogs of Education (Catalog) which we publish from time to time. We may add or withdraw courses and education materials at any time without notice.
Scheduling classes
We will specify the dates of public classes. Private or on-site classes will be scheduled by mutual agreement. We may cancel any scheduled class on notice. If we cancel a class for which you have prepaid, we will refund the price you paid.
Accommodations for students with disabilities
IBM locations are accessible for students with disabilities. If reasonable accommodations are required for an individual with a disability, please advise IBM of the accommodations in advance.
Prices and payment
Prices for public classes will be those in effect on the date the class begins. Prices include the use of required education materials and machines. They do not include taxes or student travel and living expenses. IBM reserves the right to increase prices at any time without prior notification.
Prices for private or on-site classes will be established based on your requirements. Additional charges may apply, such as instructor travel and living expenses, facilities, and remote lab support. You agree to pay amounts due, including applicable taxes and any late payment fees, as we specify in the invoice. Conference cancellation charges will be specified on the conference website or in the conference brochure for the event.
Cancellation charges
Effective January 1, 2011:
You will be charged the full price of a public class if you do not cancel or reschedule your enrollment at least fourteen calendar days prior to the scheduled start date or if you do not show up for the class. However, you may cancel your class enrollment at any time within the three days following your initial or any rescheduled enrollment date without charge.
If you cancel a private or on-site class within seven calendar days prior to the scheduled start date you will be billed the full price of the class; if you cancel between eight and fifteen calendar days prior to the scheduled start date you will be billed 25% of the full price; and if you cancel between sixteen and twenty-one calendar days prior to the scheduled start date you will be billed 10% of the full price. Cancellation of a private or on-site class more than twenty-one calendar days prior to the scheduled start date may be made without charge.
Conference cancellation charges will be specified on the conference Web site or in the conference brochure for the event.
Self-Paced Virtual Classes and Web-Based Training Classes
You may not cancel once you submit an order for a Self-Paced Virtual Class or a Web-Based Training Class. Once you submit the order, you are responsible to pay the entire course price.
Online Enrollment: Before you submit your order, review the machine requirements listed in the course description to ensure that your system meets the minimum requirements for this course. After you submit the on-line order form, you should receive a confirmation e-mail with communication about your ID and password, and additional instructions to start the course. You are billed for the course when you submit the order form.
Once you receive your ID and Password, you will be given a period of time to complete the course. Please refer to the course description for specifics regarding your registered course.
ONCE YOU SUBMIT YOUR ORDER, WE WILL NOT BE ABLE TO CANCEL THE ORDER.
Patents and copyrights
If a third party claims that the education materials we provide to you infringe that party's patent or copyright, we will defend you against that claim at our expense and pay all costs, damages, and attorney's fees that a court finally awards, provided that you:
- promptly notify us in writing of the claim; and
- allow us to control, and cooperate with us in, the defense and any related settlement negotiations.
If such a claim is made or appears likely to be made, you agree to permit us to enable you to continue to use the education materials, or to modify or replace them. If we determine that none of these alternatives is reasonably available, you agree to return the education materials to us on our written request. We will then give you an appropriate credit for the returned materials.
This is our entire obligation to you regarding any claim of infringement.
We have no obligation regarding any claim based on your modification of education materials.
Limitation of liability
Circumstances may arise where, because of a default on our part or other liability, you are entitled to recover damages from us. In each such instance, except for the payments referred to in our patent and copyright terms described above, we are liable only for the charges for the class or education material that is the subject of the claim.
This limit also applies to any of our subcontractors. It is the maximum for which we are collectively responsible.
Items for which we are not liable
Under no circumstances are we or our subcontractors liable for any of the following:
- third-party claims against you for losses or damages (except as described above in the section entitled "Patents and Copyrights");
- loss of, or damage to, your records or data; or
- special, incidental, or indirect damages or for any economic consequential damages (including lost profits or savings), even if we are informed of their possibility.
License
Any machine readable education materials that we provide to you will be subject to the terms and conditions of a license agreement. We will inform you of the applicable agreement.
Warranty
THERE ARE NO EXPRESS WARRANTIES EXCEPT THOSE CONTAINED HEREIN OR IN ANY APPLICABLE LICENSE AGREEMENT. THERE ARE NO IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTY AS TO RESULTS TO BE ATTAINED BY ATTENDING OUR CLASSES OR USING OUR EDUCATION MATERIALS.
Changes to this agreement
We may modify these terms and conditions on written notice. The modified terms and conditions will apply to your enrollment or order unless you cancel such enrollment or order prior to the effective date. Otherwise, for a change to be valid, both of us must sign it. Additional or different terms and conditions in any order or communication from you are void.
General
- You agree not to copy our copyrighted material without our prior written consent.
- You agree not to use recording equipment in our classes without our prior written consent.
- You agree not to use our trademarks, trade names, or other designations in any promotion or publication without our prior written consent.
- You agree not to assign, or otherwise transfer your rights under this Agreement without our prior written consent. Any attempt to do so is void.
- Neither of us is responsible for failure to fulfill any obligations due to causes beyond its control.
- Neither of us will bring a legal action (under this Agreement) more than two years after the cause of action arose.
- Any terms of this Agreement, which by their nature extend beyond its termination, remain in effect until fulfilled, and apply to respective successors and assignees.
- The laws of the State of New York govern this Agreement.
Federal Government Customers Only
For U.S. Federal Government customers ordering from the IBM GSA IT Schedule Contract Number GS-35F-4984H: The terms and conditions of the GSA IT Schedule Contract apply and may be viewed at www.ibm.com/easyaccess/gsa.
For U.S. Federal Government customers placing orders other than via the GSA IT Schedule Contract: Terms and conditions equivalent to those contained in IBM’s current GSA IT Schedule Contract apply. Terms of IBM’s current GSA IT Schedule Contract prevail in the event of a conflict with the commercial terms.