Premium Members Terms & Conditions
The following sets forth the terms on which The Hacker Academy a wholly owned subsidiary of MAD Security, LLC (collectively Hacker Academy) offers you access to our web site and informative services. Your access to and use of our website and materials contained therein confirms your having read the terms and your agreement to the same.
Introduction
This Agreement is effective on May 21, 2010 for all users.
Use of the Hacker Academy Web Site
While using the Hacker Academy’s sites, services and tools, you will not:
- violate any laws, third party rights or our policies, and
- use our sites, services, or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools.
Privacy Policy
We respect and are committed to protecting your privacy. We may collect personally identifiable information when you purchase or visit our site. We also automatically receive and record information on our server logs from your browser including your IP address, cookie information and the page(s) you visited. We will not sell your information to anyone, including third party marketers and/or affiliates.
Security Policy
Your payment and personal login information are always safe at The Hacker Academy. Our Secure Sockets Layer (SSL) software is the industry standard and among the best software available today for secure commerce transactions. It encrypts all of your personal information, including credit card number, name, and address, so that it cannot be read over the internet.
Fees & Services
We charge fees for our services which we may change from time to time. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. Refunds, if applicable, will be dealt with on a case by case basis. By agreeing to the terms of this Agreement you acknowledge and agree you will be billed on either a monthly or yearly basis. In the event of monthly billings you agree to have your credit card or PayPal account debited for payment for access to and for the Hacker Academy’s website and materials.
Your Registration Obligations
In consideration of your use of the Service you agree to: (a) provide true, accurate, current and complete information about yourself and (b) maintain and promptly update the data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, Hacker Academy has the right to suspend or terminate your membership and refuse any and all current or future use of the Service (or any portion thereof).
Content
All the content provided on our site is for educational and informative purposes. There is no express or implied warrantees, period. While we try to offer reliable data, we cannot promise that the data and/or catalogs, if any are offered, will always be accurate and up-to-date, and you agree not to hold us or our vendors liable for inaccuracies.
Refund Policy
If you want to cancel your membership to The Hacker Academy you must notify The Hacker Academy at least five (5) days ahead of your next billing date at support@thehackeracademy.com. Upon our notification, your account will no longer be active as of the last date in which you are paid current to. There will be no pro-rated refunds upon cancellation. All refunds will be provided as a credit to the credit card used at the time of purchase within five (5) business days of notification of cancellation. To be eligible for The Hacker Academy money-back-guarantee/refund, you must notify us within the first 30 days of membership of cancellation, or all rights to this guarantee are null and void. Guarantee application subject to review on a case by case basis.
Third-party links
We may provide links to third-party sites that might be of interest to you. We have no control over the content, availability, services, terms or conditions of the contents of these sites. It is your responsibility to become familiar with each site’s privacy, policies and terms of service and conditions, and to contact that site’s webmaster or site administrator with any concerns.
Warranties and Liabilities
The content and/or materials available through Hacker Academy site are provided on an “as is” and “as available” basis and without warranties of any kind either express or implied. To the fullest extent permitted by applicable law, Hacker Academy expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. Hacker Academy makes no warranty that its site or services will be uninterrupted, timely, secure, or error free, or that this site or our server is free of viruses or other harmful components. Hacker Academy makes no warranty regarding any software, goods, services, special offers, or the delivery of any software, goods or services, purchased, accessed or obtained through Hacker Academy’s site or advertised through Hacker Academy’s site.
You expressly agree to defend, indemnify and hold Hacker Academy, its agents, assigns, parents, subsidiaries, affiliates, officers, directors, managers, employees, sponsors and agents harmless from and against any and all claims or demands, including reasonable attorneys’ fees, as a result of any off your intentional or unintentional actions and omissions arising out of your use of the content provided by www.thehackeracademy.com and/or breach of this agreement.
To the fullest extent permitted by applicable law, under no circumstances shall Hacker Academy be liable for any indirect, incidental, special or consequential damages, including, but not limited to, damages for loss of profits, use, data or other intangibles, even if Hacker Academy has been advised of the possibility of such damages, that result from the use or the inability to use Hacker Academy’s site or services, from any changes to this site or its services, or from unauthorized access to or alteration of your transmissions or data. Some jurisdictions do not allow the limitation or exclusion of incidental, consequential or other types of damages, so some of the above limitations may not apply to you.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees (under Hacker Academy’s Fees and Services) you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.
Release
You agree to release us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code sub. sect. 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.
Indemnity
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
No Agency
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.
Notices
Except as explicitly stated otherwise, legal notices shall be served on Hacker Academy’s national registered agent (in the case of Hacker Academy) or to the email address you provide to The Hacker Academy during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
Dispute Resolution
The Parties agree that any dispute, claim or controversy arising under, out of, or in relation to this Agreement or use of the Hacker Academy’s site and/or materials may be submitted to adjudication and/or settlement by arbitration proceedings in accordance with the Rules of the American Arbitration Association and any determination thereon shall be binding upon the Parties hereto with the same force and effect as if rendered by a court of competent jurisdiction, and judgment thereon may be entered by either party. This provision shall not prevent the user from electing to enforce the provisions of the restrictive covenant in either arbitration or a court of competent jurisdiction. The prevailing party may be awarded reasonable costs and legal fees.
Entire Agreement
This Agreement contains the entire agreement of the Parties and may not be changed, modified, altered, amended, cancelled, revoked or rescinded, except by the Hacker Academy.
Headings
The headings of the Sections and Articles of Agreement are inserted for convenience only and shall not constitute a part hereof or affect in any way the meaning or interpretation of the Agreement.
Governing Law
This Agreement shall be subject to and governed by the laws of the State of Nevada and venued so therein, without regard to its conflicts of law doctrine and all parties waiving any objection as to forum or jurisdiction.
Binding Effect
This Agreement shall be binding upon all parties and inure to the benefit of the Hacker Academy and its respective heirs, legal representatives, executors, administrators, successors and assigns.
Severability
If any portion or portions of this Agreement shall be, for any reason, invalid or unenforceable, the remaining portion or portions shall nevertheless be valid, enforceable and carried into effect, unless to do so would clearly violate the present legal and valid intention of the Parties hereto.
Risk of Casualty
User assumes all risk of loss, damage or destruction to any property covered by this Agreement, provided by the Hacker Academy or third parties accessed through the Hacker Academy website or portal.
Any subscriber may not share or distribute the user name or password as each such authorization is on an individual basis and unique to each subscriber. In the event it is discovered a subscriber shares or otherwise disseminates a user name and password, your account will be immediately terminated and barred from any further use and access to our site.
We at The Hacker Academy take great care in creating and providing our services and training to you. All of our materials are protected by applicable trademarks and copyrights. Use or reproduction of our materials are prohibited by law. In the event it is discovered that a subscriber is using our materials without our express consent, your account will be immediately terminated and may be subject to criminal prosecution and civil liability not the least is our legal fees incurred in enjoining your impermissible use(s).
