Payment Options for Ciena Training Services and Ciena Open Curriculum and e-Subscription Terms of Use Agreement 

 

Payment Options for Ciena Training Services

Purchase Orders

You and / or the company for which you work (“Company”) (collectively, herein “You” or “Your) may choose to purchase Ciena Technology Certification and product training by submitting purchase orders to PODISTRIBUTION@CIENA.COM at the quoted price provided to You by Your Ciena representative. Such purchase orders will be governed by the terms and conditions of Your applicable purchase agreement with Ciena. 

 

Training Credits

You may redeem any eligible Company training credits and apply them, as mutually agreed by Ciena and You in the applicable purchase agreement, towards the purchase of training as listed in Ciena’s then current training catalog. 

 

Credit Cards

Ciena accepts major credit cards, i.e., Visa, MasterCard, and American Express, for purchase of the training listed under Ciena’s Technology Certification Program or Ciena product training courses at the posted price.  For credit card users, charges will be in US currency regardless of where the class takes place. Your credit card company may convert to local currency. Taxes will apply, if any, in accordance with applicable law.

 

Cancellation Policy

Cancellation Policy for Instructor-led and Virtual Instructor-led Training

· Cancellations must be received in writing (email accepted) at least 10 business days prior to the course start date to avoid a penalty for costs incurred by Ciena

· Cancellation of a course received within 6 to 9 business days prior to the course start date are subject to a cancellation fee equal to 50% of the price of the relevant course

· Cancellation of a course received within 5 business days prior to the Course start date are subject to a cancellation fee equal to 100% of the price of the relevant training course

· "No-shows" will be charged 100% of the paid per-seat price for any person not attending

· Substitutions are permitted up to the start of the course if the purchase order is re-applied to the new student

· Ciena reserves the right to reschedule courses with fewer than 6 students enrolled by the published registration deadline

Cancellation Policy for Web-based Training

· Registrations are considered active and not subject to cancellation once You are notified that Ciena has provided You with courseware access with instructions.

 

Ciena Open Curriculum and e-Subscription Terms of Use Agreement

PLEASE READ THE OPEN CURRICULUM AND E-SUBSCRIPTION TERMS OF USE AGREEMENT (“AGREEMENT”) CAREFULLY.  PRESSING “I AGREE” CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.  BY PRESSING “I AGREE” YOU ARE ACTING ON BEHALF OF YOURSELF AND THE COMPANY YOU WORK FOR AND ARE BINDING YOURSELF AND THE COMPANY YOU WORK FOR (COLLECTIVELY, “YOU”, “YOURS” OR “USERS”) TO THIS AGREEMENT WITH CIENA COMMUNICATIONS INC.  (OR, WHERE APPLICABLE, SUCH OTHER CIENA CORPORATION AFFILIATE) (“CIENA”), AND TO THE CIENA PRIVACY POLICY FOUND AT  http://www.ciena.com/about/company/corporate-responsibility/privacy-policy/?navi=footer,  INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT WANT TO AGREE TO THESE THE TERMS AND CONDITIONS IN THIS AGREEMENT OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE SITE.  IF YOU DO NOT ACCEPT ALL OR ANY PART OF THIS AGREEMENT, DO NOT PRESS “I AGREE” OR OTHERWISE ACCESS CIENA’S OPEN CURRICULUM OR E-SUBSCRIPTION SITE.  YOU ACKNOWLEDGE THAT CIENA MY TERMINATE YOUR ACCESS TO THE OPEN CURRICULUM AND E-SUBSCRIPTON SITE AT ANY TIME IN ITS SOLE DISCRETION, SUBJECT TO ANY ADDITIONAL OR DIFFERENT  TERMS CIENA HAS AGREED IN WRITING ARE APPLICABLE TO ANY PAID E-SUBSCRIPTION SERVICES, AND /OR IN THE EVENT OF VIOLATION OF THE TERMS OF THIS AGREEMENT. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO AGREE TO AND ABIDE BY THIS AGREEMENT AND AUTHORITY TO BIND THE COMPANY YOU WORK FOR.

CIENA MAY CHANGE OR SUPPLEMENT THE TERMS OF THIS AGREEMENT FROM TIME TO TIME AT ITS SOLE DISCRETION AS PROVIDED BELOW.

 Background and Description of Services

Ciena’s Open Curriculum and e-Subscription site (the “Site”) is a web site developed by Ciena to help customers and partners expand their knowledge of Ciena’s technologies and solutions, increase their proficiency with Ciena products, and ultimately deliver more productivity to their organization.

Open Curriculum learning helps customers and partners get familiar with Ciena’s products and solutions. The “starter pack” of digital content includes courses covering technology and product overviews and sales and marketing expertise. There is no fee to access Open Curriculum.

Paid e-Subscription is an on-demand learning service to help customers and partners increase knowledge and build expertise on Ciena’s products and solutions. The collection of digital content includes more in-depth web-based courses, videos and resources to promote the development of new skill sets and enable cross training for more experienced or advanced levels.

Open Curriculum and paid e-Subscription are referred to herein individually and collectively as “Services".  Ciena may make updates, enhancements, restrictions, or changes to the Services, or remove existing content and/or add new content in its discretion at any time and without notice. 

 

1. Eligibility

You acknowledge that You have access to the site in your capacity as a Ciena customer, authorized partner, Ciena customer sponsored vendor, or as an employee or authorized representative of the company your work for.  The Site and the Services are not available to minors under the age of 18 or to any users suspended or removed from the system by Ciena for any reason. You represent and warrant that (a) all registration information You submit is truthful and accurate; (b) You have the right, authority and capacity to agree to and abide by this Agreement and authority to bind the company you work for; (c) You are 18 years or older; and (d) Your use of the Services does not and will not violate any applicable law or regulation.  Your profile may be deleted and Your access to the Services may be terminated without warning if Ciena suspects that You are underage.

2. Rules and Regulations

 

This Agreement sets forth the legally binding terms for the Site and the Services. This Agreement covers all of Your visits to the Site and any use of the Services. If You stop visiting the Site or stop using the Services, this Agreement remains in effect. This terms contained in this Agreement form part of Ciena’s policies for access to and use of the Services.

 

a. Amendments/Other Terms. Ciena may change or supplement the terms of this Agreement from time to time at its sole discretion. Ciena will exercise commercially reasonable efforts to provide notice of any material changes to the Agreement. Within three (3) business days of posting changes to the Agreement, they will be binding.  If You do not agree with the changes, You should discontinue using the Site or any Services. If You continue using the Site or Services after the expiration of such three-business-day period, You will be deemed to have accepted the changes to the terms of this Agreement. You are expected to check this page each time you access this Site so you are aware of any changes.   In order to participate in certain Services or access other features of the Services, You may be required to agree to additional terms and conditions and/or to pay the required fee. Unless expressly set forth in such additional terms and conditions, those additional terms are hereby incorporated into this Agreement.  In the event of any conflict between such additional terms and this Agreement, the additional terms control.

b. Member Account and Security. If any portion of the Site requires You to open an account, You agree that the information You include in Your user profile will be accurate and not misleading. You are solely responsible for maintaining the confidentiality of Your account, registration and password information, and for all uses of this information, whether or not authorized by You. You agree not to use the account, username, or password of another user at any time or to disclose Your password to any third party. Ciena will not be liable for any harm caused by, or related to, the theft or misappropriation of Your user name or password, disclosure of Your user name or password, or Your authorization of anyone else to use Your user name or password. You agree to notify Ciena immediately of any unauthorized use of Your account or of any breach in security. Ciena has the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of this Agreement.

 

c. Costs and Fees.  Site registration is presently at no charge to Users. Access to the Open Curriculum Services, as identified by Ciena, is presently at no charge to You.  You acknowledge and agree that access to the e-Subscription Services, as identified by Ciena, is subject to payment and immediate invoice of the required fee and is available by following the process for purchase and payment as directed by Ciena or as mutually agreed in writing. 

 

d. Laws and Reporting. You may not use the Site or Services in any manner inconsistent with applicable law or for any illegal purpose, including but not limited to conspiring to violate laws or regulations. Recognizing the global nature of the Internet, You also agree to comply with applicable local rules or codes of conduct (including codes imposed by Your employer) regarding online behavior and acceptable content. Additionally, You are responsible for compliance with local laws and agree to comply with applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside. Ciena reserves the right to investigate and take appropriate action against anyone who, in Ciena's sole discretion, is suspected of violating this provision, including without limitation, reporting You to law enforcement authorities. Use of the Site or Services is void where prohibited.

e. Use of Services; Prohibited Content and Conduct.  You may use the Site only for lawful purposes and in accordance with the Agreement. You agree not to use the Site:

· In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).

· For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

· To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.

· To impersonate or attempt to impersonate Ciena, a Ciena employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).

· To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm Ciena or users of the Site or expose them to liability.

Additionally, You agree not to:

· Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.

· Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.

· Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without Ciena’s prior written consent.

· Use any device, software or routine that interferes with the proper working of the Site or otherwise attempt to interfere with the proper working of the Site.

· Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

· Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.

Other users may violate one or more of the above prohibitions, but Ciena assumes no responsibility or liability. Under no circumstances will Ciena be liable in any way for user conduct, data or other content on the Site or transmitted via the Services or any loss or damage of any kind incurred as a result of the use of, access or denial of access to any data or content. If You become aware of misuse of the Site or Services by any person, please contact the site administrator at amacadam@ciena.com. Ciena may investigate complaints and violations that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing content or terminating accounts and/or profiles. However, because situations and interpretations vary, we also reserve the right not to take any action. If at any time You are not happy with the Site or the Services, user conduct or any material on the Site, Your sole remedy is to cease using the Site or the Services.

 

3. Privacy, Confidentiality and Collection of Personal Information

 

Use of the Site or Services is also governed by Ciena’s privacy policy which is incorporated into this Agreement by this reference.  You consent to all actions we take with respect to your information consistent with our Privacy Policy  http://www.ciena.com/about/company/corporate-responsibility/privacy-policy/?navi=footer.  Additionally, You understand and agree that Ciena may contact You via e-mail or other contact information provided in Your registration, with information related to Your use of the Site or Services. You also agree to have Your name, profile name or other identifying information listed in the header of certain communications You initiate through the Services.

 

4. Publicity

 

You may not use the Site or the Services to advertise, promote, endorse or market, directly or indirectly, any products, services, solutions or other technologies without Ciena’s prior written consent.

 

5. Ownership/Licenses

Ciena does not claim any ownership rights in any text, files, images, photos, video, sounds, works of authorship or other materials that Users upload to the Site or transmit via the Services ("User Content"). However, by uploading User Content to the Site, transmitting User Content using the Services or otherwise providing User Content to Ciena, You grant to Ciena a world-wide, royalty-free, sub-licensable (so Ciena affiliates, contractors or vendors can deliver the Services) perpetual, irrevocable license to use, modify, publicly perform, publicly display, reproduce and distribute the User Content in the course of offering the Site and/or the Services. Ciena will treat any User Content as non- confidential and public. Please do not submit confidential or private information. You also agree that any other user of this Site may access, view, store or reproduce Your User Content for such user's personal use or otherwise in connection with use of the Site and/or Services.

The Agreement permits you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Site, except as follows:

· Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

· You may store files that are automatically cached by your Web browser for display enhancement purposes.

· You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution.

You must not:

· Modify copies of any materials from this site.

· Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Agreement, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Ciena. Any use of the Site not expressly permitted by this Agreement is a breach of the Agreement and may violate copyright, trademark and other laws.

 

6. Links from the Website

 

If the Site contains links to other sites and resources provided by Ciena these links are provided for Your convenience only. If You decide to access any of the websites linked to this Site, You do so entirely at Your own risk and subject to the terms and conditions of use for such websites. Ciena may disable any links at any time without notice in its discretion. 

 

7. Feedback

 

Ciena is not actively seeking Feedback on the Site. However, by submitting ideas, suggestions, documents, and/or proposals ("Feedback") to Ciena, You acknowledge and agree that: i) Your Feedback does not contain confidential or proprietary information; ii) Ciena is under no obligation of confidentiality, express or implied, with respect to the Feedback; iii) Ciena shall be entitled to use or disclose such Feedback for any purpose, in any way, in any media, worldwide; iv) Ciena may already be developing something similar to the Feedback; v) Your Feedback becomes the property of Ciena without any obligation to You; and vi) You are not entitled to any compensation for such Feedback.

 

8. Termination

 

Ciena, in its sole discretion, may immediately suspend or terminate Your access to the Site if You violate or otherwise fail to comply with the terms and conditions of this Agreement. In addition, Ciena may temporarily cease to provide and maintain the Site at any time, for any reason, and shall provide 30 days' notice in the event of termination of the Services, subject to any additional or different terms that Ciena may agree in writing are applicable to any paid e-Subscription Services.

 

9. Disclaimers

 

a. Technical Errors. Ciena assumes no responsibility for any interruption, deletion, defect, delay in operation or transmission, or communications line failure. Ciena 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 due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from using the Site or the Services.

b. "AS IS." TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW, CIENA SHALL HAVE NO RESPONSIBILITY FOR ANY LOSS OR DAMAGE RESULTING FROM USE OF THE SITE, THE SERVICES, FROM ANY CIENA CONTENT POSTED ON THE SITE OR THROUGH THE SERVICES, OR FROM THE CONDUCT OF ANY USERS, WHETHER ONLINE OR OFFLINE. THE SITE, SERVICES AND ALL CONTENT ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS, AND CIENA EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.  CIENA DOES NOT ASSUME ANY RESPONSIBILITY FOR RETENTION OF ANY USER INFORMATION. CIENA CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE OR THE SERVICES.  USE THE SITE AND OR SERVICES AT YOUR OWN RISK.  THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

10. Indemnity

 

You agree to defend, indemnify and hold Ciena, 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 party arising out of or related to: (i) Your use of the Services or the Site; (ii) Your breach of this Agreement; or (iii) any use of Ciena content.

 

11. Limitation of Liability

 

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL CIENA BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, COSTS OF REPLACEMENT GOODS OR LOSS OF OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR CIENA CONTENT, EVEN IF CIENA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  ANY LIABILITY OF CIENA SHALL BE LIMITED IN THE AGGREGATE TO DIRECT DAMAGES ONLY IN THE AMOUNTS PAID BY YOU TO CIENA FOR THE SERVICES OUT OF WHICH THE LOSS OR DAMAGE DIRECTLY AROSE WITHIN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

 

12. Trademarks

 

The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Ciena or its licensors. Users are not permitted to use these Marks without the prior written consent of Ciena or the third party which may own the Mark.  

 

13. Disputes

 

You are solely responsible for Your interactions with other Users. Ciena reserves the right, but has no obligation, to monitor disputes between You and other Users.  This Agreement and any dispute about or in any way involving the Site or the Services, You agree that the dispute shall be governed by the laws of the State of New York, 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 New York.   The U.N. Convention on Contracts for the International Sale of Goods shall not apply hereto. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Ciena’s failure to act with respect to a breach by You or others does not waive its right to act with respect to subsequent or similar breaches.

 

14. Entire Agreement

This Agreement constitutes the entire agreement between You and Ciena regarding the use of the Services and the Site. The failure of Ciena 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. The parties are independent contractors under this Agreement and no other relationship is intended, including a partnership, franchise, joint venture, agency, employer/employee, fiduciary, master/servant relationship, or other special relationship. Neither party shall act in a manner which expresses or implies a relationship other than that of independent contractor, nor bind the other party.

 

I HAVE READ THE PAYMENT OPTIONS AND THE AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.