Terms and Conditions

CINTANA EDUCATION WEB SITE TERMS AND CONDITIONS OF USE

Effective as of: October 1, 2021

WELCOME

Cintana Education, LLC (“Cintana”) thanks you for visiting our web site. These Terms and Conditions (the “Terms”) apply to your access to, and use of, this web site located at www.cintana.com. Cintana reserves the right to update these Terms at any time without notice to you. The most current version of these Terms can always be found at the “Terms and Conditions” hypertext link at the bottom of Cintana’s web pages.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. WHILE USING THIS WEB SITE YOU WILL HAVE ACCESS TO INTELLECTUAL PROPERTY INCLUDING, BUT NOT LIMITED TO, TEXT, IMAGES, LOGOS, AUDIO, AND VIDEO (THE MATERIALS”) WHICH BELONG TO CINTANTA, ITS AFFILIATES AND LICENSORS. THE FOLLOWING TERMS APPLY BOTH TO YOUR ACCESS TO THE WEB SITE AS WELL AS YOUR ACCESS TO AND USE OF THE MATERIALS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS THIS WEB SITE OR ACCESS OR USE THE MATERIALS.

RESTRICTIONS ON USE

The Materials found on this web site belong to Cintana, its affiliates and licensors and are not for sale or distribution to any third party. Further, the use or distribution of Materials may be restricted by laws and regulations of the country from which you are accessing this web site. Where such restrictions exist, use of or access to the Materials may not be permitted, and people accessing this web site are required to inform themselves of and to abide by any such applicable restrictions. Cintana reserves the right to discontinue transmission of information found on this web site, or to take down this web site, or parts of this web site, at any time, in whole or in part, in its sole discretion and without notice to you.

You are not permitted to (a) create derivative works of, or copy or modify the Materials in any way; (b) remove or modify Cintana’s copyright notices, trademark, logo, legend or other text found on this web site; (c) defeat, disable or circumvent any protection mechanism related to this web site; (d) rent, lease, distribute (or redistribute), provide or otherwise make available the Materials, in any form, to any third party; or (e) “frame” or “mirror” this web site or any portion thereof.

Cintana reserves the right to prosecute violations of these Terms to the full extent of the law.

INTELLECTUAL PROPERTY

Unless otherwise indicated, the Materials found on this site are the property of Cintana, its affiliates and licensors, and are not licensed to you for use in any way. Some Materials found on this web site may be presented along with a list of restrictions regarding use and these restrictions may vary from one item to the next. You agree to abide by any restrictions that accompany the Materials. You also agree to indemnify and hold Cintana and its respective officers, directors, employees, agents, successors and assigns, harmless from and against any and all claims, suits or proceedings, demands, losses, damages, liabilities and costs and expenses (including, without limitation, reasonable attorneys’ fees) arising out of or resulting from your actual or alleged misuse or infringement of any patent, trademark, copyright, trade secret, or other intellectual property right in connection with your use of the Materials in violation of any such restrictions. You agree to defend any indemnified party, at Cintana’s request, against any such claim, demand or suit.

If any of the Materials downloaded from this site are used to create new works of authorship, all right, title and interest to such derivative works shall be owned by the Cintana in their entirety and you are obligated to inform the Cintana of the creation or intended creation of any such derivative works by sending notification to: webmaster@cintana.com.

Trademarks

Trademarks such as “Cintana Education” and “Cintana” are the sole and exclusive property of Cintana. Except to the extent required by applicable law you are not licensed or permitted to use any trademark, service mark, logo, commercial symbol, or any other branding of Cintana or its affiliates in any manner (including, without limitation, reference to the other party as a client, customer or supplier in any press release, advertisement or other promotional material), or to imply any affiliation whatsoever between any person or entity and Cintana. Any use of the trademarks and service marks of Cintana requires a fully-executed license from Cintana. All benefits of such use shall inure to the benefit of Cintana.

Third party brand names and logos included on this web site are for informational and/or attribution purposes only and are the intellectual property of those third parties.  Absent a separate, written agreement from a third party, you have not been granted permission by Cintana to use any trademark, service mark, logo or commercial symbol, or any other branding of a third party found on this web site in any manner.

Copyrights

The Materials found on this web site, including this web site itself, are copyrighted by Cintana Education, LLC, its affiliates or its licensors. Neither title nor intellectual property rights in the Materials and/or this web site are transferred to you. By accessing this web site, you agree to observe all restrictions notices associated with the Materials found on the web site.

Copyright Complaints

If you believe that any Material on this web site infringes a copyright which you own or control, you may send notification to one of the following addresses:

webmaster@cintana.com

Office of General Counsel

Cintana Education, LLC

1130 E. University Dr.

Suite 101, Building B

Tempe, AZ 85281

To be effective, a notification of claimed infringement must be a written communication which includes the following information:

  • Identification of the copyrighted work, or list of works, claimed to have been infringed, including a title and URL if available
  • Identification of the infringing work, or list of works, claimed to be infringing, including a title and URL if available
  • Contact information sufficient for us to reply to you regarding your complaint including a telephone number and email address, if available
  • A statement by the copyright owner that he or she has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner or the law
  • A statement that the information provided in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner
  • The signature of the complaining party, either electronic or physical

Personality Rights

The use of an image, voice or other personal characteristic of a living or dead individual (Personality/Publicity Right) may be prohibited in some jurisdictions. Before using Materials which may be subject to Personality/Publicity Rights, please ensure that you have a proper license for your intended use. You are solely responsible for ensuring that you do not infringe anyone’s Personality/Publicity Rights. Please note that some estates hold and control the Personality/Publicity Rights of deceased individuals.

DISCLAIMER AND LIMITATION OF LIABILITY

Cintana makes no representation or warranty as to the accuracy or completeness of the Materials provided, nor does it warrant or represent that the Materials are up-to-date or current, that Cintana has any duty to update any Materials, or that the Materials are free from technical inaccuracies or typographical errors.

Cintana is not responsible for the content of any third-party web site that is not owned or controlled by Cintana, or for any other hyperlinks contained in such third-party web sites. Cintana provides hyperlinks on its site to you for your convenience only, and the inclusion of any hyperlink to a site not owned by Cintana is not an endorsement by Cintana of the site or its contents. No permission is granted here for you to use Cintana’s icons, site address, or other means to hyperlink other web sites with any page on this web site. You must obtain prior written permission from Cintana to hyperlink in any manner to this web site.

THE MATERIALS YOU FIND ON THIS WEB SITE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS WEB SITE AND ANY IMPLIED WARRANTIES AND CONDITIONS, WHETHER STATUTORY, ARISING FROM THE COURSE OF DEALING, OR OTHERWISE, OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATION OF PRIVACY, ACCURACY, COMPLETENESS, PERFORMANCE, CURRENCY, OR NON-INFRINGEMENT. CINTANA DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS OR CLAIM OF ANY KIND RESULTING FROM, ARISING OUT OF, OR ANY WAY RELATED TO (A) ERRORS IN OR OMISSIONS FROM THE MATERIALS, INCLUDING TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH HYPERLINKS FOUND ON THIS WEB SITE, (C) THE UNAVAILABILITY OF THIS WEB SITE, (D) ANY USE OF THIS WEB SITE OR ANY MATERIALS CONTAINED THEREIN, (E) ANY USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEB SITE OR THE MATERIALS, OR (F) ANY RELIANCE ON THE INFORMATION CONTAINED ON THIS WEB SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL CINTANA OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR LOSS OF GOODWILL IN ANY WAY ARISING FROM OR RELATING TO THESE TERMS OR RESULTING FROM THE USE OF OR INABILITY TO USE THIS WEB SITE OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY OBLIGATIONS UNDER THESE TERMS, INCLUDING THE FAILURE OF ESSENTIAL PURPOSE, EVEN IF CINTANA HAS BEEN NOTIFIED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

IN NO EVENT MAY YOU BRING ANY CLAIM OR CAUSE OF ACTION AGAINST CINTANA MORE THAN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT CINTANA IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, INFRINGING OR ILLEGAL MATERIALS OR CONDUCT, OR THAT OF THIRD PARTIES CONTAINED ON THIS WEB SITE, AND CINTANA RESERVES THE RIGHT TO REMOVE SUCH MATERIALS FROM THIS WEB SITE WITHOUT LIABILITY.

PRIVACY POLICY

Cintana understands that privacy and security are important to the people from whom it solicits information. Web site visitors whose personal information is supplied to Cintana may receive telephone, email or other electronic communications from Cintana with information including but not limited to special promotions, or advertisements regarding new products and services. Such information will only be used in accordance with Cintana’s Privacy Policy which can be found here: https://www.cintana.com/privacy-policy/

MISCELLANEOUS

Local Laws

Cintana controls this web site and its Materials from its headquarters in the United States. If you use this web site and its Materials from other locations, you are responsible for compliance with applicable local laws including but limited to the export and import regulations of other countries.

Waiver

Cintana’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms. Cintana may assign its rights and duties under this agreement to any party at any time without notice to you.

Questions

Questions about these Terms and Conditions should be directed in writing to:

Office of General Counsel
Cintana Education

1130 E. University Dr.

Suite 101, Building B

Tempe, AZ 85281

 

Applicable Law and Venue

These Terms are governed by and construed in accordance with the laws of the State of Arizona applicable to agreements made and to be entirely performed in the State of Arizona, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in Arizona, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.

Severability

In case any provision in these Terms shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability.

© 2021 Cintana Education, LLC

Latest Revision: 09/2021