Training Program Terms and Conditions

These Training Program Terms and Conditions (“T&Cs”) govern the Student’s (“you”/ “your”) participation in any EC-Council program(s) (“Program”).

1. Acceptance of Terms

  1. You are required to accept these T&Cs prior to attending the Program. You will be deemed to have automatically accepted these T&Cs, upon:
    • Clicking “I ACCEPT”; or
    • Opening the courseware box seal for the Program; and/or
    • Reading the courseware for the Program, and/or
    • Accessing the Academia Portal, and/or
    • Using any files and/or materials located in CD-ROM or in the Academia Portal
  2. Thereafter, you waive any right to assert that you have not accepted the terms hereof.
  3. Do not execute these T&Cs or participate in the Program if (a) you do not meet the age requirements below; or (b) you do not want to be bound by these T&Cs.

2. Confidential Information

  1. You expressly undertake to retain in confidence all non-public information related to the Program, including know-how and trade-secrets, certification examination, technicalities, facts, knowledge or other data, specifications, algorithms, calculations, formulae, processes, diagrams, drawings, courseware, EC-Council’s intellectual property rights including copyrights, and all other confidential information of whatever nature relating to EC-Council, the material of the Program, or the Program, transmitted to you in any form or medium (“Confidential Information”), and shall make no use of such information except under these T&Cs.
  2. You may disclose Confidential Information as required by governmental or judicial order, provided you give EC-Council prompt notice prior to such disclosure and comply with any protective order (or equivalent) imposed on such disclosure.
  3. You shall use the Confidential Information solely for the purpose of attending the Program. You shall hold the Confidential Information in confidence, and shall not copy, distribute, or otherwise use such Confidential Information including the courseware or any materials or allow anyone to do so, and any and all copies shall bear the same notices or legends of the originals.
  4. As and when requested by EC-Council, you agree to commit all acts and execute all documents as may be reasonably necessary to prevent any loss, misuse or unauthorized disclosure of the Confidential Information or any part of it. You shall notify EC-Council immediately if you become aware that any Confidential Information has been disclosed to or is in the possession of any person who is not an authorized person of EC-Council.
  5. All Confidential Information shall be deemed to be (and all copies thereof or of any part or parts thereof shall become upon the creation thereof) and shall remain the property of EC-Council.
  6. Upon completion of your Program, you shall promptly return and destroy all Confidential Information, and if the information is stored on an erasable medium, then, erase such information from the storage medium.
  7. Your obligation under this section shall extend to such time as the information protected hereby is made publicly available by us.

3. Intellectual Property Rights

  1. All the content available as part of the Program, including products and their proprietary software and software technologies, including but not limited to eCourseware, iLabs, iLearn, CyberQ, and certification exam are the property of EC-Council, or EC-Council's sponsors, licensors, or content providers, and is protected by copyright and other intellectual property laws. Except as otherwise expressly granted herein, any use of this content, including modification, reverse engineering, transmission, presentation, distribution, or republication, is prohibited without EC-Council’s prior written consent.
  2. Participation in the Program shall not operate as an assignment to you of any patents, copyrights, registered designs, unregistered designs, trademarks, trade names or other rights of EC-Council as may subsist in or be contained in or reproduced in the Program, and you shall not, nor shall any persons on your behalf, apply for any patent, or registration of any trademark or design or any other intellectual property right, in respect of the Program or any part thereof. All rights not expressly granted hereunder are reserved by EC-Council.
  3. Save and except for claim of infringement of third-party rights, EC-Council will not be liable for any claim by you based on any third-party claim. In the event of a third party infringement claim against you with respect to the use of EC-Council courseware (i) you shall promptly notify EC-Council in writing of any such allegation by a third party that the EC-Council courseware or any part thereof infringes or may infringe the intellectual property rights of such third party, (ii) EC-Council Group shall have the sole right to control any defense of any such claim involving alleged infringement of third party rights by its activities at its own expense and by counsel of its own choice and (iii) you shall not admit to or settle any such claim without approval from EC-Council Group in a manner that diminishes the rights or interests of EC-Council. Your sole remedy in this case is that we shall endeavor to replace infringing content with content which is non-infringing. However, if we are unable to do so, then we will terminate your access to the infringing content. THIS SECTION STATES YOUR SOLE REMEDY AND EC-COUNCIL'S ENTIRE LIABILITY FOR THE CLAIM HIGHLIGHTED IN THIS SECTION.
  4. In all situations involving inaccuracies or mistakes in EC-Council developed course materials pertaining to your chosen Program, EC-Council's sole responsibility and your sole remedy is the correction or replacement of the EC-Council developed course materials.
  5. EC-Council shall be entitled to injunctive and other equitable relief in addition to any other remedies available to EC-Council in law or equity, to prevent or cure any breach or threatened breach of these provisions.

4. Student’s Obligations

  1. You shall be solely responsible for ensuring that the computer equipment, software, hardware, and furniture that will be required for the completion of the training is in proper working condition and order.
  2. You shall not be allowed to sit for or participate in the corresponding EC-Council exam if you have failed to complete the Program and have not submitted your Certificate of Attendance.
  3. You agree not to engage in the manufacture, use, distribution, supply, marketing, or promotion of any counterfeit, pirated, or illegal software, online website content, exam vouchers, kits, or other course materials, whether directly or indirectly, and will assist EC-Council or other relevant parties in the investigation and prosecution of any such activities if requested.

5. Indemnification

You shall indemnify, defend and hold EC-Council, its directors, officers, agents and employees harmless from and against any and all losses, damages, liabilities, costs and expenses (including reasonable attorneys' fees) arising from (i) your negligence, whether it be sole or in concert with others, in connection with the undertaking of the Program; or (ii) breach by you of any of your obligations under this T&Cs; or (iii) misuse of the Program tools supplied by EC-Council.

6. Limitation of Liability and Warranty Disclaimer

  1. EC-COUNCIL GROUP COMPANY’S LIABILITY FOR DIRECT DAMAGES ARISING OUT OF OR RELATING TO THE PROGRAM SHALL BE LIMITED TO THE TOTAL FEES PAID HEREUNDER BY YOU TO EC-COUNCIL GROUP FOR THE EC-COUNCIL PROGRAM(S) BEING UNDERTAKEN BY YOU.
  2. Except as expressly set forth herein, EC-Council shall not be liable for any damages whatsoever (including but not limited to direct, consequential, incidental, indirect, economic, or special damages) arising out of, or relating to your undertaking of the Program, including but not limited to the services performed by EC-Council, or any use, disclosure, or publication of the results of such services, even if EC-Council has been advised of the likelihood of such damages occurring.

7. Representations and Warranties

  1. You represent and warrant as follows:
    • The undertaking of the Program by you will not constitute a default under any law under which such you are bound or affected by.
    • The age requirement for attending the training or the exam is restricted to any candidate that is permitted by his/her country of origin/residency.
    • The files and materials you view are for personal use and you will not share the material with any third-party.
    • You shall refrain from using the newly acquired skills for illegal or malicious attacks and you will not use the Program tools to compromise any computer system.
    • EC-Council does not owe any fiduciary duty to you with respect to the Program.
  2. The EC-Council Program is provided as-is and with all faults. EC-Council disclaims all warranties, whether express, implied, statutory, or otherwise, including without limitation, implied warranties of merchantability and fitness for a particular purpose. In addition, there is no warranty of accuracy of information, functionality, services and/or availability or lack thereof for the testing services and/or any EC-Council website referred to or utilized pursuant to these T&Cs, including without limitation any damages to, or viruses or trojan horses that may infect or invade, your equipment or other property, even if EC-Council is expressly advised of the possibility of such damages. No oral or written advice or information provided by EC-Council or any of its agents, employees or third-party distributors shall create a warranty and you are not entitled to rely on any such advice or information.
  3. Under no circumstances will EC-Council be liable in any way for the Program, or your use of them or for the results thereof, or for events or actions occurring during courses in which they are used. YOU ASSUME SOLE RESPONSIBILITY FOR THE USE OF THE PROGRAM.

8. General Provisions

  1. Anti-bribery and Corruption: You shall not promise, authorize, or make any payment to, or otherwise contribute any item of value to, directly or indirectly, any government official or private party, in each case, in violation of the U.S. Foreign Corrupt Practices Act (“FCPA”), the United Kingdom Bribery Act (“UKBA”), the Canadian Corruption of Foreign Public Officials Act (“CCFPA”), or any other applicable anti-bribery or anti-corruption law. You shall cease all of your activities, as well as remediate any actions taken by you in violation of any Anti-Bribery Laws.
  2. Compliance with OFAC: In the performance of your obligations hereunder, you shall at all times strictly comply with all laws, regulations and orders, and agrees to commit no act which, directly or indirectly, would violate any such laws, regulations or orders, including, without limitation the economic sanctions laws and regulations enforced by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), 31 C.F.R. Part 500 et seq., and the U.S. Department of State.
  3. Compliance with Laws: If you use the skills and knowledge learnt in the Program from locations outside the United States of America, you are responsible for compliance with applicable local laws, including, but not limited to, the export and import regulations of your country.
  4. Jurisdiction: These T&Cs shall be deemed to have been made in the State of New Mexico, and shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by the laws of the State of New Mexico, without reference to principles of conflict of laws thereof. Judicial proceedings regarding any matter arising under these T&Cs shall be brought solely in the federal or local courts of the State of New Mexico.
  5. Notices: Any notices and other communications between the parties in connection with these T&Cs shall be delivered by overnight courier, U.S. mail or facsimile at the addresses set forth herein and shall be deemed received upon the earlier to occur of the actual receipt of such notice or, if mailed from the U.S, five (5) business days following deposit in the mail, or if mailed internationally fifteen (15) business days following deposit in the mail of your country.
  6. Severability: If any provision of these T&Cs is held invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired.
  7. Waiver: No failure on the part of EC-Council to exercise, no delay in exercising, and no course of dealing with respect to any right, power or privilege under these T&Cs shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these T&Cs.