IronCircle

Program Terms of Service

IronCircle (“IronCircle” or “Company”), located at 10440 Little Patuxent Parkway, United States, works independently and in partnership with universities (each, a “University Partner”) to provide cybersecurity training programs (the “Program”) through the Company proprietary learning management system or other appropriate licensed system (“LMS”).

As a participant in the Programs and a recipient of our Services, you are required to use, access and interact with the LMS, which includes all Program content, information, and functionality available through the website, mobile applications, and any other media, software, devices or networks in use now or developed later in connection with the Program or as part of the Program’s LMS.

Your continued use of the LMS is your acceptance of these Terms & Conditions. 

IronCircle reserves the right to modify or revise these Terms & Conditions, in its sole discretion, at any time.

Eligibility & Enrollment

You must be 16 years of age or older to Enroll in a Program or use the LMS in any manner. By visiting the LMS or accepting these Terms & Conditions, you represent that you are at least 16 years of age or older, and, if required by law in the jurisdiction in which you are located, possess legal parental and/or guardian consent, and are capable of entering into these Terms & Conditions and all applicable IronCircle policies.

Learning Management System Services

IronCircle provides the LMS as a service to you and to its University Partners in order to facilitate the Program. You are required to use the LMS to participate in the Program, such as to attend class sessions or discussions, complete exercises, or submit assignments. 

You agree that IronCircle may record, archive and make available recordings of live class sessions through the LMS (the “Recordings”) for your reference and in connection with your educational Program or interests. The Recordings may be made available to other Learners as part of their participation in the Program or IronCircle employees and contractors who access the LMS or who have a legitimate educational interest in viewing the Recordings.

In addition, by Enrolling in a Program and using the LMS, you acknowledge and agree that IronCircle or its University Partners may communicate with you and send you messages and service announcements regarding your participation in the Program (“Program Communications”). This includes communications via telephone and SMS text message. You are not permitted to opt out of receiving the Program Communications while enrolled in the Program.

Account Credentials and Access

You will be required to create a user name and password for accessing the LMS (“Access Credentials”).  You alone are responsible for selecting and maintaining your Access Credentials to ensure that your account remains secure. You should maintain the confidentiality of your Access Credentials. .

Should you become aware of any unauthorized use of Your Account Information, you should notify IronCircle immediately by sending an email to privacy@IronCircle.com with the words “Unauthorized Access” in the subject line of the email.

LMS Content

The LMS contains copyrighted material (including but not limited to text, graphics, videos, images, music, sounds, source code, user generated content, and compilations of individual data), trademarks, trade names, other proprietary information, and other content such as text, graphics, images, photographs, illustrations, logos, information obtained from IronCircle’s licensors (collectively, “LMS Content”). You acknowledge and agree that IronCircle and/or the University Partners retains all ownership, rights, title and interest to and in the LMS Content. You represent and warrant that you will not: (i) copy, modify, publish, transmit, distribute, publicly perform, publicly display, reverse engineer, create derivative works of, sell, or otherwise exploit any LMS Content (including but not limited to any LMS Content that you download); and (ii) endeavor to ascertain any source code used in connection with the LMS.

You may view, access, download or print copies of the LMS Content only for your personal, educational, and non-commercial use  such option is made available to you in the LMS. You may not change the LMS Content in any way or copy, modify, publish, transmit, distribute, publicly perform, publicly display, reverse engineer, create derivative works of, sell, or otherwise exploit or use them for any public or commercial purpose. We strictly prohibit any use of the LMS Content for any purpose not specifically identified or authorized in these Terms of Use or expressly permitted by IronCircle.

You may not use the LMS for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the LMS in any manner that could damage, disable, overburden, or impair the Site, or interfere with any other party’s use and enjoyment of the LMS. You may not attempt to gain unauthorized access to the LMS through hacking, password mining or any other means. IronCircle reserves the right, in its sole discretion, to terminate your access to the LMS, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.

Uploaded Learner Content

In order to complete the Program you have purchased, you may, at certain points, elect or be required to submit information to IronCircle on or through the LMS, including but not limited to personal information and course assignments.  

If Your Account Information is not accurate, current, or complete, or if IronCircle has reason to believe that Your Account Information is not accurate, current, or complete or that the LMS is being accessed by Your Account Information in violation of these Terms of Use, IronCircle has the right to suspend or terminate your account and prohibit you from any and all future use. 

You agree that you alone are responsible for any and all text, graphics, videos, images, music, sounds, and any other content that you publish, upload, display, or transmit on or through the LMS (collectively “Learner Content”), including any information that you submit in connection with your participation in the Program. 

The term “Learner Content” does not include any Recordings, as defined in these Terms of Use. You further agree that Learner Content is true and accurate and that Learner Content will not contain any information that you do not have permission to publish, upload, display, or transmit on the LMS. You are responsible for creating back-up copies of any of Learner Content that you post on the LMS or otherwise provide to IronCircle or University Partners, and any necessary replacement thereof.

You agree that IronCircle and/or University Partners may review any of Learner Content posted on the LMS and delete or remove any of Learner Content for any reason, including where IronCircle or the University Partners reasonably determines that Learner Content violates these Terms of Use or is offensive or illegal, or may violate the rights of, harm, or threaten the safety of others.

By publishing, uploading, displaying or transmitting Learner Content to the LMS, you permit and direct the University Partners and IronCircle to create such copies of Learner Content as may be deemed necessary in order to facilitate the posting and storage of Learner Content on the LMS. By publishing, uploading, displaying, or transmitting Learner Content to the LMS, you hereby grant to the University Partners and IronCircle a limited, transferable, and worldwide license (which includes the right to sublicense) to copy, modify, publish, transmit, distribute, publicly perform, or publicly display Learner Content. You may remove Learner Content at any time, unless otherwise required as part of completing the Program. If you remove Learner Content, you agree that the University Partners and IronCircle may preserve archived copies of Learner Content and that any previous uses by University Partners and IronCircle prior to your removal shall remain fully permissible as set forth hereunder.

By publishing, uploading, displaying or transmitting Learner Content to the LMS, you understand and agree that other users of your LMS community may access, view, store and reproduce any of Learner Content posted by you on the LMS to the extent permitted herein, subject to any applicable restrictions.

User Code of Conduct

IronCircle provides the LMS to you for your personal, educational, and non-commercial use only. You agree that Learner Content does not and will not include any libelous, defamatory, or otherwise unlawful material, or violate or infringe upon the rights of any third party, including but not limited to any and all copyright, trademark, privacy, publicity, or other personal or proprietary rights.

Additionally, you represent and warrant that you will not visit or use the LMS to:

  1. publish, upload, display, transmit, or otherwise make available any Learner Content that the University Partners and/or IronCircle may reasonably deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, false, invasive of privacy or publicity rights, hateful, discriminatory, defamatory, or racially, ethnically, or otherwise objectionable;
  2. publish, upload, display, transmit, or otherwise make available any of Learner Content that would constitute, encourage, or provide instructions that could constitute a criminal offense or could violate the rights of any party;
  3. publish, upload, display, transmit, or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, or any other form of solicitation;
  4. publish, upload, display, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or
  5. publish, upload, display, transmit, or otherwise make available any of Learner Content that could or is intended to restrict or inhibit any other person from using or enjoying the LMS, or that may expose University Partners and IronCircle or LMS users to any harm, harassment, or liability of any type;
  6. engage in any unlawful conduct or act in any other manner that could damage, disable, overburden, or impair the LMS;
  7. obtain email addresses or other contact information of any individual from the LMS for the purposes of sending unsolicited or unwanted emails or other communications for commercial purposes or purposes unrelated to your participation in the Program;
  8. intimidate or harass any individual or entity;
  9. use automated scripts to collect information from or otherwise interact with the LMS;
  10. impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity; or
  11. use or attempt to use another’s account, service, or system without authorization from University Partners and IronCircle, or create a false identity on the LMS.

You are solely responsible for your interactions with any other individuals who visit or use the LMS and resolving any disputes that might arise due to your interactions. Notwithstanding the foregoing, the University Partners and IronCircle reserve the right to monitor disputes between you and any other individual who visits or uses the LMS and to take any action that they, in their sole discretion, deem necessary up to and including termination of an individual’s access to your Program and use of the LMS.

Hyperlinks from the Website

The LMS may contain hyperlinks to other websites and webpages (“Third-Party Websites”) as well as to plug-ins, integrations, text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”). 

IronCircle does not investigate, monitor, or review any Third-Party Website or Third-Party Applications to ensure their accuracy, completeness, or appropriateness. IronCircle is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the Website. The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the LMS does not indicate University Partners’s and/or IronCircle’s approval or endorsement thereof. If you choose to leave the LMS to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.

Intellectual Property Rights

Trademarks, logos, and service marks displayed or otherwise used on the LMS, including, but not limited to the University Partners’s trademark and logos and “IronCircle” (collectively the “Intellectual Property”), are registered trademarks of IronCircle and/or the University Partners. All rights in the Intellectual Property are reserved to IronCircle, the University, or their licensors, affiliates, principals, or partners. Nothing contained on the LMS should be construed as granting, by implication or otherwise, any license or right to use any Intellectual Property displayed on the LMS without the written permission of IronCircle or the third party that may own the Intellectual Property displayed on the LMS. Your misuse of the Intellectual Property displayed on the LMS is strictly prohibited and immediate grounds for termination of access and or services.

Disclaimers and Warranties

Any material that you download or otherwise obtain through your use of the LMS is done at your own discretion and risk, and IronCircle is not responsible for any damage to your computer system or other device or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from the University Partners and IronCircle, their subsidiaries, agents, employees, affiliates, or other users of the LMS, or through or from the LMS shall create any warranty not expressly stated in these Terms of Use.

IRONCIRCLE PROVIDES THE LMS “AS IS” AND “AS AVAILABLE,” AND IRONCIRCLE AND ITS SUBSIDIARIES, AGENTS, AFFILIATES AND/OR LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (i) YOUR USE OF THE LMS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR; (ii) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE LMS WILL BE ACCURATE OR RELIABLE; OR (iii) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE LMS WILL BE CORRECTED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IRONCIRCLE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of Liability

NOTHING IN THESE TERMS OF USE SHALL EXCLUDE OR LIMIT IRONCIRCLE’S WARRANTY OR LIABILITY FOR LOSSES, WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND IRONCIRCLE’S AND UNIVERSITY PARTNER’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER UNIVERSITY PARTNERS NOR IRONCIRCLE, THEIR SUBSIDIARIES, AGENTS, AFFILIATES, AND LICENSORS SHALL BE LIABLE TO YOU FOR: (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL, ANY LOSS OF DATA SUFFERED, OR OTHER INTANGIBLE LOSS; OR (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (I) ANY CHANGES WHICH IRONCIRCLE MAY MAKE TO THE LMS, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE LMS (OR ANY FEATURES WITHIN THE LMS); (II) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY OF LEARNER CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE LMS; (III) YOUR FAILURE TO PROVIDE UNIVERSITY PARTNER CONTENT AND IRON CIRCLE WITH ACCURATE PERSONAL INFORMATION; OR (IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

Indemnification

You agree to indemnify, defend, and hold harmless IronCircle, the University Partners, and their respective officers, directors, employees, agents, and affiliates from and against any and all legal claims arising from your inappropriate use of the LMS or your violation of any of these Terms of Use. Your indemnification obligation to IronCircle and the University Partners shall survive your use of the LMS.

Modification or Suspension of the LMS

You agree and acknowledge that IronCircle may, in its sole discretion and at any time, modify, discontinue, or suspend its operation of the LMS, any part thereof or any LMS Content, temporarily or permanently, without notice or liability to you.

Governing Law

You acknowledge and agree that any and all disputes, claims, and causes of action arising out of, or in connection with, in whole or in part, your use of the LMS shall be resolved exclusively by a court of competent jurisdiction located in Maryland. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms of Use, your rights and obligations, or the rights and obligations of IronCircle or the University, shall be governed by, and construed in accordance with, the laws of Maryland, without giving effect to any choice of law or conflict of law rules (whether of Maryland or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Maryland.

Severability

The Terms of Use and Privacy Policy, together with any applicable software licensing agreement(s), shall constitute the entire agreement between you and IronCircle related to your use of the LMS. The various provisions of Terms of Use and Privacy Policy are separate and independent and, should any term be declared invalid or unenforceable by a court or other appropriate tribunal, the remaining provisions and terms shall remain in full force and effect. The Terms of Use and Privacy Policy shall be binding on the parties and their respective successors and assigns.

Entire Agreement

The Terms of Use and Privacy Policy shall constitute the entire agreement between you and IronCircle with respect to the LMS. The Terms of Use and Privacy Policy shall be binding on the parties and their respective successors and assigns.