Thanks for using i GET IT, an online learning and knowledge management solution for engineers.

Please read these Terms carefully. By using i GET IT or signing up for an account, you’re agreeing to these Terms, which will result in a legal agreement between you and i GET IT (“Agreement”). We’ll start with the basics, including a few definitions that should help you understand these Terms.

i GET IT (“i GET IT,” “we,” or “us”) is an online training and knowledge management platform (the “Service”) offered through the URL www.myigetit.com (we’ll refer to it as the “Website”) that allows you to, among other things, access training content, create custom training content, assign to teams, report on learning progress, and manage teams. i GET IT is a product of Tata Technologies LTD. i GET IT has employees, independent contractors, and representatives (“our Team”). As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Member” according to this Agreement (or “you”).

These Terms of Use (“Terms,”) including our Acceptable Use Policy, Copyright and Trademark Policy, define the terms and conditions under which you’re allowed to use the Service in accordance with the Agreement, and how we’ll treat your account while you’re a Member. If you don’t agree to these Terms, you must immediately discontinue your use of the Service.

Some features of the Service are offered as add-ons to your i GET IT account (“Add-ons”). Unless expressly stated otherwise, these Terms apply to the use of Add-ons. Some Add-ons are intended for particular use cases and may also have additional terms or restrictions (“Additional Terms”). Additional Terms for Add-ons can be found on the Website at myigetit.com/about/additional-terms, and Members agree to the applicable Additional Terms at the time they choose to add the corresponding Add-on.

You acknowledge and agree that by (i) visiting, viewing, using, or accessing the Site, (ii) clicking “Agree”, “Purchase”, “Submit”, or similar links, or (iii) signing or confirming a Sales Order or other agreement incorporating these Terms of Use, that you have read, understand, and agree to be bound by these Terms of Use, irrespective of whether you are a guest or a registered user of the Site. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU MAY NOT ACCESS OR USE THE SITE. I GET IT’S ALLOWANCE OF YOUR USE AND ACCESS TO THE SITE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE, TO THE EXCLUSION OF ALL OTHER TERMS.

If you have any questions about our Terms, feel free to contact us.

Privacy Policy

Your privacy is important to us. Please read our Privacy Policy and Cookie Statement for information regarding how we collect, use, and disclose your Content and personal information and protect your privacy when you use the Service.

Eligibility

In order to use the Service, you must:

·        complete the registration process;

·        agree to these Terms;

·        provide true, complete, and up-to-date contact and billing information (for Service owners);

·        not be based in Cuba, Iran, North Korea, Syria, or any other country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist-supporting” country.

 

By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Service in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise.

i GET IT may refuse service, close accounts of any users, and change eligibility requirements at any time.

Term

When you sign up for the Service and agree to these Terms, the Agreement between you and i GET IT is formed, and the term of the Agreement (the “Term”) will begin. The Term will continue for as long as you have a i GET IT account or until you or we terminate the Agreement in accordance with these Terms, whichever happens first. Entering your username and clicking the “Login” (and or similar buttons such as “Sign Up”) button and means that you’ve officially “signed” and accepted the Terms. If you sign up for the Service on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf.

Changes to Terms

We may change any of the Terms by posting revised Terms of Use on our Website and/or by notifying you of the new Terms by sending an email to the last email address you gave us or displaying prominent notice within the Service. Unless you terminate your account within 10 days, the new Terms will be effective immediately and apply to any continued or new use of the Service. We may change the Website, the Service, Add-ons, or any features of the Service at any time, and we may discontinue the Website, the Service, Add-ons, or any features of the Service at any time.

Closing Your Account

You or i GET IT may terminate the Agreement at any time and for any reason by terminating your i GET IT account or giving notice to the other party. We may suspend the Service to you at any time, with or without cause. If we terminate your account without cause, and your account is a paid account, we’ll refund a prorated portion of your prepayment. We won’t refund or reimburse you in any other situation, including if your account is suspended or terminated for cause, like a breach or any violation of the Agreement. If your account is inactive for 24 or more months, we may terminate the account. Once your account is terminated, you acknowledge and agree that we may permanently delete your account and all the data associated with it, including your Learning History. If your account has been terminated, the learning history will no longer be available for use on any future accounts and cannot be reclaimed.

Accounts and Passwords

You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to and any activity occurring in such account (other than activity that i GET IT is directly responsible for that isn’t performed in accordance with your instructions), whether or not you authorized that activity. You’ll immediately notify us of any unauthorized access or use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords that are caused by or result from your negligence. We don’t have access to your current password, and for security reasons, we may only provide you with instructions on how to reset your password. We have the right to update any of your contact information in your account for billing purposes. In addition, you represent and warrant that all information you provide to us when you establish an account, and when you access and use the Service, is and will remain complete and accurate.

User Logins

i GET IT deploys named-user logins to access the system. This means each user is required to have a unique login to access the training courses, generic logins are not allowed. The named-user login uses an email address of the trainee by default. Logins are not to be shared between other users. Logins are not transferrable. There are exceptions for qualifying Enterprise customers. Please inquire with our support for more information.

Account Disputes

We don’t pretend to know the inner workings of your organization or the nature of your personal relationships. You won’t request access to or information about an account that’s not yours, and you’ll resolve any account-related disputes directly with the other party. We decide who owns an account based on the content in that account, and if multiple people or entities are identified in the content, then we’ll rely on the contact and profile information listed for that account. In cases where differing contact and profile information is present, we’ll require you to resolve the matter through proper channels outside of i GET IT.

When a dispute is identified, we may suspend any account associated with the dispute, including disabling logins, to protect the security and privacy of the data held within the account.

Monthly Plans

When you sign up for a Monthly Plan, you agree to recurring billing. Billing occurs on the same day each month, based on the date that you started the Monthly Plan. Billing for Monthly Plans may be cancelleed, and you may choose to close your account permanently at any time. Any changes to your Monthly Plans take effect on the next billing cycle Pay Date.

Our charges for Monthly Plans are posted on our Website and may be changed from time to time. If any part of a month is included in the Term, then payment is due for the full month. Payments are due for any month on the same or closest date to the day you made your first monthly payment (the “Pay Date”). If you upgrade plans on or before the next Pay Date, you will be required to pay a pro-rated amount. If you stop your recurring billing, you choose to end your Term and a price change has been made, you’ll no longer qualify for the old plan pricing and you’ll have to pay at the required pricing level. If you stop your recurring billing, you choose to end your Term and the included offering has changed, you’ll no longer qualify for the same level of offering.

Annual Plans

When you sign up for an Annual Plan, you agree to recurring billing. Billing occurs 12-months after the original Pay Date, based on the date that you started the Annual Plan. Billing for Annual Plans may be cancelled, and you may choose to close your account permanently at any time. Any changes to your Annual Plans take effect on the next billing cycle Pay Date.

Our charges for Annual Plans are posted on our Website and may be changed from time to time. Payments are due for any subscription year on the same or closest date to the day you made your first annual payment (the “Pay Date”). If you upgrade plans on or before the next Pay Date, you will be required to pay a pro-rated amount. If you stop your recurring billing, you choose to end your Term and a price change has been made, you’ll no longer qualify for the old plan pricing and you’ll have to pay at the required pricing level. If you stop your recurring billing, you choose to end your Term and the included offering has changed, you’ll no longer qualify for the same level of offering.

Credit Cards

As long as you’re a Member with a paid account or otherwise have an outstanding balance with us, you’ll provide us with valid credit card information and authorize us to deduct the recurring charges against that credit card. You’ll replace the information for any credit card that expires with information for a valid one. If your credit card is automatically replaced with a new card by a payment processor, you acknowledge and agree that we’re authorized to deduct any charges on your account against the new credit card. Anyone using a credit card represents and warrants that they are authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If we’re unable to process your credit card order, we’ll try to contact you by email and suspend your account until your payment can be processed.

Purchase Orders

If you work for an institution that requires the use of a purchase order for direct billing, i GET IT offers solutions to accompany these needs. As part of our process, i GET IT will require a vendor supplier form being complete in full and approved with credit to process any purchase order. Certain additional requirements and/or limitations may be required for purchase orders. Need more information, just as us.

Refunds

We’ll give you a refund for a prepaid month or year if we stop providing the Service and terminate your account without cause. You won’t be entitled to a refund from us under any other circumstances. We may, at our sole discretion, offer a refund if a Member requests one.

Fees

We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email. Quoted fees don’t include sales or other transaction-based taxes of any kind.

Property Rights Owned by Us

You will respect our proprietary rights in the Website and the software used to provide the Service ("Content") (proprietary rights include, but aren’t limited to, patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property). This includes the i GET IT online training courses, assessments, tech tips and live sessions subscribed to as part of the Service.

Property Rights Owned by You

You represent and warrant that you either own or have permission to use all of the material, content, data, and information (including your personal information and the personal information of others) you submit to i GET IT in the course of using the Service (“Content”). You retain ownership of the Content that you create and/or upload to the Service. We may use or disclose your Content (including any personal information therein) only as described in these Terms, our Privacy Policy and Cookie Statement, and, if applicable, our Data Processing Addendum.

Right to Review Content

A times, we may be required to access and view your Content and Account information to help with support questions. We may view, copy, and internally distribute Content to assist you in problems that help us research a problem and improve the Service.

General Do’s and Don’ts

You acknowledge and agree that the Site contains content and materials that are viewable through online streaming methods and they are not to be downloaded by you (or your Team Members), except under the limited circumstances I GET IT provides in certain approved scenarios (additional fees required). In addition, you agree to adhere and abide to the following DOs and DON’Ts.

DO (Member Obligations). You acknowledge and agree that you (and your Team Members) will:

·        Comply with all applicable federal, state, local, or international law or regulations (including without limitation any laws regarding copyright, intellectual property, privacy and personal identity, or the export of data or software to and from the U.S. or other countries);

·        Provide true and accurate information to us and keep it updated;

·        Use the Interactive Features in a respectful manner; and

·        Exit from your account at the end of each session or use of the Site.

 

DON’Ts (Prohibited Conduct). You acknowledge and agree that you (and your Team Members), will not:

·        reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, capture, download, save, upload, print, or otherwise transfer or retain information or content available on the Site other than with regard to Authorized Downloadable Materials, subject to the limited permissions set forth herein;

·        manually or systematically harvest, scrape, collect or otherwise extract information or data contained on the Site, other than permitted use of Authorized Downloadable Materials or temporary storage of video materials for offline viewing (if permitted by your Plan).

·        permit or provide others access to the Site using your Account Information or otherwise, or the Account Information of another authorized user;

·        impersonate or attempt to impersonate I GET IT, a I GET IT employee, another user, or any other person or entity (including without limitation by using e-mail addresses or Account Information associated with any of the foregoing) or provide incorrect or knowingly false information;

·        remove or modify any copyright, trademark, legal notices, or other proprietary notations from the Proprietary Materials or any other content available on the Site;

·        violate or attempt to violate the Site’s security mechanisms, attempt to gain unauthorized access to the Site or assist others to do so, or otherwise breach the security of the Site or corrupt the Site in any way;

·        co-brand or frame the Site or establish a link in such a way as to suggest any form or association, approval, or endorsement on our part, without the prior express written permission of an authorized representative of I GET IT;

·        use any portion of the Site to aid in transmitting, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, or “spam” or any other similar solicitation;

·        post to the Interactive Features or any other portion of the Site any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory, or libelous content;

·        use the Site or its contents (including User Content) to recruit, solicit, or contact in any form other users or potential users for employment or contracting for a business not affiliated with us without the prior express written permission of an authorized representative of I GET IT;

·        use or attempt to use the Site to store or transmit software viruses, worms, time bombs, Trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;

·        engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability; and/or

·        use the Site in any manner that could disable, overburden, damage, or impair the Site, interfere with any other party’s use of the Site (including their ability to engage in real time activities through the Site), or otherwise attempt to interfere with the proper working of the Site.

Report Abuse…

If you think anyone is violating any of these Terms, please notify us immediately. If you think anyone has posted material that violates any protected marks or copyrights, stolen or uploaded elsewhere (ie...YouTube) or have reason to believe of any other copyright abuse, then you can notify us at the address provided in our Copyright Policy.

Restricted Use of Site. We reserve the right to monitor use of the Site and to suspend, revoke, deny, disable, or terminate your access or the access of any of your Team Members if you or they have violated any provisions of these Terms of Use (including the DOs and DON’Ts above) or if your or their usage behavior exceeds normal limits, as determined in our sole discretion. The term “normal limits” will be determined solely by I GET IT.

Geographic Pricing and Restrictions. If your applicable License Fee is adjusted based on your geographic region, you and your Business Users may only use and access the Site if you are primarily based in the applicable geographic region set forth during Checkout. The Site and its features are subject to United States export controls. No Site content or materials may be downloaded or exported (i) into (or to a resident of) Cuba, Libya, North Korea, Iran, Syria, or any other country subject to an applicable embargo or other trade restriction by any government regulatory agency having jurisdiction, or (ii) by or to any person or entity on the United States Treasury Department’s list of Specially Designated Nationals (SDN) or the United States Commerce Department’s Consolidated Screening List (CSL). By accessing or using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. Although the Site may be accessible worldwide, we make no representation that the Site is appropriate or available for use in locations outside the United States, and accessing them from territories where its contents or materials are illegal, is prohibited. Those who choose to access the Site from other locations do so at their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Site is void where prohibited.

Compliance with Law

You represent and warrant that your use of the Service will comply with all applicable laws and regulations. You’re responsible for determining whether the Service is suitable for you to use in light of your obligations under any regulations like HIPAA, GLB, EU data privacy laws (including the General Data Protection Regulation) (collectively, “EU Data Privacy Laws”), United States export control laws and regulations and economic sanctions laws and regulations (“U.S. Export Control Laws and Regulations”), or other applicable laws. If you’re subject to regulations (like HIPAA) and you use the Service, then we won’t be liable if the Service doesn’t meet those requirements. You may not use the Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, Children’s Online Privacy Protection Act, or other laws that apply to commerce.

Limitation of Liability

To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Service, including any downloads from the Website. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. In any calendar month, our total liability to you arising under or in connection with the Agreement—whether in contract, tort (including negligence), breach of statutory duty, or otherwise—will be no more than what you paid us for the Service the preceding month.

In addition, for the avoidance of doubt, in no instance will we or our Team be liable for any losses or damages you suffer if you use the Service in violation of our Acceptable Use Policy, regardless of whether we terminate or suspend your account due to such violation.

No Warranty

To the maximum extent permitted by law, we provide the Website and the Service as-is. This means that, except as expressly stated in these Terms, we don’t provide warranties, conditions, or undertakings of any kind in relation to the Website and/or Service, either express or implied. This includes, but isn’t limited to, warranties of merchantability and fitness for a particular purpose, which are to the fullest extent permitted by law, excluded from the Agreement. Since Members use the Service for a variety of reasons, we can’t guarantee that it’ll meet your specific needs.

Indemnity

You agree to indemnify and hold us and our Team harmless from any losses, including legal fees and expenses that directly or indirectly result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including legal fees and expenses, that directly or indirectly result from (a) your Content, (b) your use of the Service, (c) your violation of any laws or regulations, (d) third-party claims that you or someone using your password did something that, if true, would violate any of these Terms, (e) any misrepresentations made by you, or (f) a breach of any representations or warranties you’ve made to us.

Legal Fees

If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover all reasonable legal fees, expenses, and any damages or other relief we may be awarded.

Equitable Relief

If you violate these Terms, then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.

Subpoena Fees

If we have to provide information in response to a subpoena, court order, or other legal, governmental, or regulatory inquiry related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.

Disclaimers

We and our Team aren’t responsible for the behavior of any third parties, linked websites, or other Members.

Assignments

You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

Choice of Law

The State of Michigan’s laws, except for conflict of laws rules, will apply to any dispute related to the Agreement or the Service. Any dispute related to the Agreement or the Service itself will be decided by the state and federal courts in Novi, Michigan, and each party will be subject to the jurisdiction of those courts. You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

Force Majeure

We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of god, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers, or third-party internet service providers.

Survivability

Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.

Severability

If it turns out that a section of these Terms isn’t enforceable, then that section will be removed or edited as little as required, and the rest of the Agreement will still be valid.

Interpretation

The headers and sidebar text are provided only to make these Terms easier to read and understand. The fact that we wrote these Terms won’t affect the way the Agreement is interpreted.

Amendments and Waiver

Amendments or changes to the Agreement won’t be effective until we post revised Terms on the Website. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.

Further Actions

You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.

Notification of Security Breach

In the event of a security breach that may affect you or anyone in your Account, we’ll notify you of the breach once we have determined, in our discretion, that it occurred and will provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to anyone in your Account, you’ll promptly do so.

Request to Changes in Terms

Because we have so many Members, we can’t change these Terms for any one Member or group. Special occasions will only be heard for Enterprise level Accounts under our discretion.

Notices

Any notice to you will be effective when we send it to the last email or physical address you gave us or when posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Attn. Legal Department, Tata Technologies, 41050 WEleven Mile Road, Novi, MI 48375, or any addresses as we may later post on the Website.

Last Updated May 23, 2018