The "CYPHER LEARNING" site (https://www.cypherlearning.com, henceforce referred to as "CYPHER LEARNING") is a company that specializes in providing LMSs (learning management systems) that can be used by schools, universities, districts, businesses, and entrepreneurs.
We will not share any data you store on CYPHER LEARNING with any 3rd parties without your express authorization. We are FERPA and EU-US Privacy Shield compliant.
We use industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in multiple Amazon cloud zones. Since we launched our site in 2015, we have a 99.99% uptime record. We do not guarantee a particular uptime, and we do not provide any kind of refund for outages.
If a critical bug is reported, we will dedicate our engineering resources to fix the bug as soon as commercially possible. We prioritize and fix non-critical bugs at our discretion.
We create automated on-site and off-site backups of our database. These backups are primarily for the purpose of restoring the production database in the event of a database corruption or other kind of disaster. We provide a trash can feature to allow our users to undo an accidental deletion. If data is deleted due to user error, our support service does not include restoring this data. If data is deleted due to a bug, then we will try to restore the data if it's commercially feasible.
We use industry best practices to protect the privacy and security of your data. If we detect a security breach, we will immediately work to fix the issue as well as alert our users if there is a threat to their content or passwords so that they can take appropriate action such as resetting their passwords.
CYPHER LEARNING is not responsible for any incorrect or inaccurate content posted on the CYPHER LEARNING web site or in connection with the CYPHER LEARNING products features, whether caused by users of the CYPHER LEARNING products features or by any of the equipment or programming associated with or utilized in the CYPHER LEARNING products features. CYPHER LEARNING is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the CYPHER LEARNING products features or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the CYPHER LEARNING products features. Under no circumstances shall CYPHER LEARNING be responsible for any loss or damage, including personal injury or death, resulting from use of the CYPHER LEARNING products features, attendance at a CYPHER LEARNING event, from any content posted on or through the CYPHER LEARNING products features, or from the conduct of any users of the CYPHER LEARNING products features, whether online or offline. The CYPHER LEARNING features are provided "as-is" and as available and CYPHER LEARNING expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Cypher Learning cannot guarantee and does not promise any specific results from use of the CYPHER LEARNING products features.
In no event shall CYPHER LEARNING be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the CYPHER LEARNING site, even if CYPHER LEARNING has been advised of the possibility of such damages. Notwithstanding to the contrary contained herein, CYPHER LEARNING liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to CYPHER LEARNING for the CYPHER LEARNING web site features during the last three months of membership.
If there is any dispute about or involving the CYPHER LEARNING products features, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of San Francisco. Either CYPHER LEARNING or you may demand that any dispute between CYPHER LEARNING and you about or involving the CYPHER LEARNING products features must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Los Angeles, San Francisco, USA, provided that the foregoing shall not prevent CYPHER LEARNING from seeking injunctive relief in a court of competent jurisdiction.
You agree to indemnify and hold CYPHER LEARNING, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the CYPHER LEARNING products features in violation of this agreement and/or arising from a breach of this agreement and/or any breach of your representations and warranties set forth above and/or if any content that you post on the CYPHER LEARNING web site or through the CYPHER LEARNING products features causes CYPHER LEARNING to be liable to another.
This agreement is accepted upon your use of the CYPHER LEARNING web site or any of the CYPHER LEARNING products features and is further affirmed by you becoming a member. This agreement constitutes the entire agreement between you and CYPHER LEARNING regarding the use of the CYPHER LEARNING products features. The failure of CYPHER LEARNING to exercise or enforce any right or provision of this agreement shall not operate as a waiver of such right or provision. The section titles in this agreement are for convenience only and have no legal or contractual effect. This agreement operates to the fullest extent permissible by law. If any provision of this agreement is unlawful, void or unenforceable, that provision is deemed severable from this agreement and does not affect the validity and enforceability of any remaining provisions.