We are pleased to welcome you to the online certification training program provided by monday.com (the “Services”). Our Services include training services for our products (the “Products”), including online courses (the “Course”).
References to “you” mean the “user” individually, unless otherwise stated on the Site or in these Terms. You hereby represent that after reading and understanding these Terms, you agree to these Terms. Persons under 18 years of age are not authorized to use the Site.
For the avoidance of doubt, use and provisioning of monday.com’s product are subject to monday.com’s Terms of Service, or where applicable any Order Form or monday.com’s Software as a Service Agreement.
1. Restriction on Use of Content; Export Controls
The Site may contain a variety of information, including (without limitation) information, data, text, software, photographs, graphics, video, messages or other materials (collectively, “Content”). Also, you may upload, post or otherwise provide Content in connection with the Site (“Your Content”). Content on the Site is not available for downloading, such content includes, but is not limited to, monday.com’s Copyrighted Material (as defined below), course materials or works of other that we are not permitted to distribute. However, we also may have Content that if so designated may be downloaded by you pursuant to these Terms (“Available Content”). YOU MAY DOWNLOAD, AND USE THE AVAILABLE CONTENT SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. YOU MAY NOT SELL AND/OR DISTRIBUTE THE AVAILABLE CONTENT OR OTHERWISE DISTRIBUTE IT FOR A FEE OR WITHOUT. YOU WILL NOT USE OR DISCLOSE IT OR THE SITE TO ANY THIRD PARTIES EXCEPT AS EXPRESSLY PERMITTED BY THESE TERMS.
You may not use or export anything (including information) from the Site in violation of U.S., Israeli or other applicable export laws, regulations or the Terms. You acknowledge and confirm that you are not: (a) a resident in a country or territory that is the target or comprehensive U.S. or Israeli economic or trade sanctions (currently, Lebanon, Cuba, Iran, Syria, North Korea, or the Crimea region of Ukraine), (b) identified on a list of prohibited or restricted persons, such as the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons, or (c) otherwise the target of U.S. sanctions.
2. Registration and Creating Profiles etc.; Attribution of Electronics Acts to You
In order to acquire the Services and use of some areas of the Site, you may have to complete a registration process or create a profile. In case that the completion of the process involves the creation of an account with a username and password or other identifier, you agree to guard them as confidential information. If you are careless with it, others may be able to access the information. You agree to provide accurate, current and complete information at all times. You also agree that you will review, maintain, correct, and update such information in a timely manner to maintain its accuracy and completeness by using the means allowed for the relevant information or, when appropriate, by contacting us. If you provide (or monday.com has reasonable grounds to believe that you provided) any information that is inaccurate, not current, or incomplete, monday.com may suspend or terminate your access, or participation in a Course, in addition to exercising all rights and remedies allowed by law.
You agree that all uses of the identifier established for you during a registration or similar process will be attributed to and legally bind you and may be relied upon by us and our agents, affiliates, and other third parties with whom we work in order to provide the Site, Content, services or pursue our mission (including but not limited to our and their respective affiliates, officers, employees and agents) (collectively “Third Parties”), as being a use made by you, even if someone else used your identifier.
You are solely responsible for internet connectivity, software and/or hardware that may be required in order to purchase a Course. If you purchase a Course, you hereby represent and warrant that you freely and voluntarily make this purchase.
3. Fees and Payment
In consideration for the provision of the Service, you shall pay us the applicable fees per the purchased Courses, as set forth in our information page (the “Fees”). Unless indicated otherwise, Subscription Fees are stated in $USD. Unless expressly set forth herein, the Fees are non-cancelable and non-refundable. We reserve the right to change the Fees at any time. In the event of failure to collect the Fees owed by you, we may, at our sole discretion (but shall not be obligated to) retry to collect at a later time, and/or suspend or cancel your account and your access to the Services, without notice.
The Fees are exclusive of any and all taxes (including without limitation, value added tax, sales tax, use tax, excise, goods and services tax, etc.), levies, or duties, which may be imposed in respect of these Terms and the purchase or sale, of the Service hereunder (the “Taxes”), except for Taxes imposed on our income. If you are located in a jurisdiction which requires Customer to deduct or withhold Taxes or other amounts from any amounts due to us, please notify us, in writing, promptly and we shall join efforts to avoid any such Tax withholding, provided, however, that in any case, you will bear the sole responsibility and liability to pay such Tax and such Tax should be deemed as being added on top of the Fees, payable by you.
4. User Generated Content and Site Activities
A. User Generated Content. Your Responsibility and License to Others. When you provide Your Content, such as by uploading information, you:
- Represent and warrant that Your Content is (a) wholly your original work, or (b) that you have all necessary right, title, interest and licenses to upload it and make it available to monday.com and other users for download, distribution and use under these Terms without (i) violation (by you, us, Third Parties, users or anyone else) of any applicable license, restriction or law, or (ii) a potentially adverse consequence to us, Third Parties, users or anyone else that you have not conspicuously disclosed in Your Content. As used here, “adverse consequence,” means a restriction governing Your Content which could be triggered if we or others exercise a right under the license you grant below and which imposes an obligation, liability or impairment of rights on us or others that was not conspicuously disclosed by you before exercise of a right. To disclose an adverse action, you agree to conspicuously place on or in Your Content notice that adverse actions can result and that you may be contacted at the email address and telephone number in the notice to obtain your full disclosure of applicable licenses and restrictions applicable to Your Content.
- Grant monday.com, its affiliates, Third Parties sub-licensees and successors and assigns, and each Site user who downloads Your Content under these Terms, a perpetual, nonexclusive, worldwide, royalty-free, fully paid up, irrevocable license to (i) use, copy, distribute, modify and create derivative works from Your Content; (ii) publicly perform or display, license and distribute copies of Your Content, modified (Your ) Content and derivative works of Your Content; and (iii) sublicense to third parties the foregoing rights, including the right to sublicense to further third parties, as necessary or advisable (as determine by monday.com or other licensed person in its sole discretion) to allow monday.com or other licensed person to fulfill its mission, to further its related operations, and to create, advertise, operate and manage the Site.
We reserve the right to remove Your Content if we believe Your Content violates these Terms or may otherwise create liability for us.
In addition to the rights above, you acknowledge and agree that we may keep Your Content indefinitely and disclose it for any purpose, including but not limited to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any of Your Content violates the rights of third parties; or (d) without undertaking a duty to do so, protect the rights, property, or personal safety of monday.com, its users and the public.
You agree not to upload, post or otherwise transmit through the Site any Content or any other materials whatsoever that are or could appear to: (i) be defamatory, obscene, invasive to another person’s privacy or protected data, or tortious; (ii) be infringing upon anyone’s intellectual property rights, including any patent, trademark, trade secret, copyright, or right of publicity; (iii) contain any software viruses or any other harmful computer code, files, or programs, including any designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; and (iv) in violation of any applicable license, law or contractual or fiduciary duty or provision (including by exercise of the rights you grant to monday.com above).
We reserve the right to monitor and exercise all other rights of ours, and also to modify or remove any Content at any time, but do not undertake any duty to do so. Any opinions, advice, statements, assistance, services, offers, or information expressed or made available by third parties, including users, are those of the respective author(s) or distributor(s) and not of monday.com.
B. Site Activities. The Site is provided “AS-IS” and “WHEN AVAILABLE”, and we may change all Content, Courses, functionality and Services in our discretion at any time. We may also do this for particular activities even if you have started to participate. Also, we or Third Parties might make a mistake and we reserve the right to correct anything, including but not limited to Content or assistance on the Site. For example, we may correct, change, withdraw or do anything else with a Course description even if you have already taken action based on it.
6. Our Intellectual Property Rights
The Complete Site (as defined in Section 9 below), Services, Courses, excluding Your content and inclusive of names, logos, trademarks and service marks (collectively, “Marks”), any and all related or underlying technology and any modifications, enhancements or derivative works of the foregoing, are the property of monday.com and its licensors, and may be protected by applicable copyright or other intellectual property laws and treaties.
All rights not expressly granted to you are reserved. You are forbidden to insert changes, copy, publish, distribute, display, perform, reproduce, issue a license, create derived works, do reverse engineering, or sell fully or partially, temporarily or permanently, in any way whatsoever, any part of the information, Content, Services, Courses contained on the Site without the prior written consent of the monday.com and/or of those third parties (as the case may be). You are not authorized to use any of monday.com’s Marks without monday.com’s prior written consent.
7. Feedback; Your License to Us
We hope that you will provide your Feedback (as defined below) so that we may better support, improve and pursue our mission. However, you agree that you will not supply Feedback that infringes or violates the rights of others, and you hereby grant monday.com a License (as defined below) to your Feedback. You agree that we have no obligation to pay you or anyone else for Feedback or for the License to monday.com. “Feedback” means all remarks, data, suggestions, methods, surveys, reports, processes and ideas (including patentable ideas) and other Content that you provide by using the Site or provide about it, Content or any aspect of our mission or operations, whether provided to us or persons working with us or the Feedback, and whether provided through the Site or media such as a chat room, survey, report, grant, software tool, bulletin board or otherwise.
As used above, “License to monday.com” means a non-exclusive, perpetual, irrevocable, royalty-free, transferable, sub-licensable, worldwide license to monday.com to exercise all now or later existing intellectual property rights or other rights of yours or others in the Feedback, for purposes of supporting monday.com’s purposes (as determined by us in our discretion from time to time) in full or in part and in all possible media (now known or later developed). The foregoing rights include (but are not limited to), the right to display, perform, read (on air or otherwise), and publish in public or private sites, newspapers or other media, brochures, reports and so on, all or part of the Feedback and any other information that you provide through or relating to our Site or the Content.
You agree to indemnify, defend and hold harmless monday.com and Third Parties, from and against any and all losses, damage, liability and costs of every nature incurred by any of them in connection with any claim, damage or loss related to or arising out of: the Content, use of the Site, any assistance, consultation or services provided by us or Third Parties in relation to the Site, any alleged unauthorized use of the Site, or any breach or alleged breach by you of these Terms. You agree to cooperate fully in the defense of any of the foregoing. We reserve the right, at our own expense, to control exclusively the defense of any matter otherwise subject to indemnification by you and you will not settle any matter without our consent in a non-electronic record.
9. NO WARRANTIES, CONDITIONS OR OTHER DUTIES
THE SITE AND ALL CONTENT (REGARDLESS OF WHO GENERATES IT), SITE FUNCTIONALITY, OFFERRING, ASSISTANCE, CONSULTATION, ACTIVITIES, COURSES AND SERVICES PROVIDED BY THE SITE, MONDAY.COM OR THIRD PARTIES (collectively, “COMPLETE SITE”) ARE SUBJECT TO CHANGE AND PROVIDED BY US OR THIRD PARTIES “AS IS” WITHOUT ANY WARRANTY OR CONDITION, AND WITHOUT THE UNDERTAKING OF ANY DUTY, OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY DUTY (IF ANY) OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. THE COMPLETE SITE IS PROVIDED: (1) WITH ALL FAULTS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU; AND (2) WITHOUT ANY ASSURANCE, OR WARRANTY, CONDITION OR DUTY OF OR REGARDING: FUNCTIONALITY; PRIVACY; SECURITY; ACCURACY; AVAILABILITY; LACK OF: NEGLIGENCE, INTERRUPTION, VIRUSES OR OF OTHER HARMFUL CODE, COMPONENTS OR TRANSMISSIONS; OR THE NATURE OR CONSEQUENCES OF AVAILABLE CONTENT SUCH AS (WITHOUT LIMITATION) WHETHER SOFTWARE OR OTHER CONTENT IS SUBJECT TO ANY PARTICULAR LICENSE, OR WHETHER IT IS SUBJECT TO ANY RESTRICTIONS OR CONSEQUENCES THAT MIGHT BE TRIGGERED BY ANY EXERCISE OF A RIGHT GRANTED UNDER THESE TERMS. ALSO, THERE IS NO WARRANTY BY US OR THIRD PARTIES OF TITLE OR AGAINST INFRINGEMENT OR INTERFERENCE WITH ENJOYMENT OF ANY ASPECT OF THE COMPLETE SITE. YOU AGREE THAT YOU WILL OBTAIN (INCLUDING THROUGH DOWNLOAD) ANY CONTENT ENTIRELY AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING INFRINGEMENT, BREACH OF CONTRACT, CONSEQUENCE OR DAMAGE, INCLUDING (WITHOUT LIMITATION) TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS AS SPECIFIED HERE AND, TO THE LEAST EXTENT AS ALLOWED BY LAW, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
10. NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES
11. EXCLUSIVE REMEDY; DAMAGE LIMITATION
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY AS SPECIFIED IN SECTIONS 9 AND 10 AND, TO THE LEAST EXTENT AS ALLOWED BY LAW, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
12. Linked Sites
Our Site may contain links to websites of third parties. We provide these links as a convenience, but do not endorse the linked site or anything on it. While their information, products, services and information may be helpful to you, they are independent entities and we do not control or endorse them. You agree that any visits to linked sites are at your own risk and governed by their privacy notices, statements, or policies (if any).
In addition, you are not permitted to link or shortcut to our Site from your website, blog or similar application, without obtaining prior written permission from us.
Each time you return to the Site, you are responsible for checking the effective date of the then posted version of these Terms – if it is later than the date of the version last reviewed, the Terms have been changed and the new version should be reviewed before using the Site. USE OF THE SITE AFTER THE EFFECTIVE DATE WILL CONSTITUTE YOUR CONSENT TO THE AMENDMENTS, SO IF YOU DO NOT WANT TO BE BOUND BY AN AMENDED VERSION, DO NOT USE THE SITE AND CEASE ALL USE OF THE CONTENT, ANY SERVICES OR ASSISTANCE.
14. Governing Law and Exclusive Jurisdiction
These Terms and your use of the Site are governed by the laws of the State of Israel, without regard to its choice of law provisions. You hereby consent to exclusive jurisdiction of the competent courts of Tel-Aviv-Jaffa, Israel.
We shall use your contact details that we have in our records, in connection with providing you notices. Our contact details for any notices are detailed below. You acknowledge notices that we provide you, in connection with these Terms and/or as otherwise related to the Site, shall be provided as follows: By posting on the Site, text, e-mail, phone or first class, airmail, or overnight courier. You further acknowledge that an electronic notification satisfies any applicable legal notification requirements, including that such notification will be in writing. Any notice to you will be deemed given upon the earlier of: (i) receipt; or (ii) 24 hours of delivery. Notices to us shall be provided to firstname.lastname@example.org or sent to 6 Yitzhak Sadeh St., Tel Aviv, 6777506, Israel.
16. Termination or Cancellation; No Continuing Rights
You have no continuing right to use the Site and we may deny or suspend access, or terminate or cancel these Terms with or without cause and at any time and without prior notice. This is so even if you elect to store documents on the Site, so make your own copies of anything to which you want to ensure access. We may give notice of termination or cancellation in the same way that we may provide other notices. Termination or cancellation will not eliminate the surviving provisions of these Terms (see “Entire Agreement; Miscellaneous”) and you will still be liable for obligations incurred before these Terms or access ended.
17. Entire Agreement; Miscellaneous
You may not assign these Terms or any of your rights or obligations under these Terms without our prior written consent.