Training and Certification Terms and Conditions

Overview

Quickbase makes available to Customers certain training classes (both live and on-demand), certifications, training services, and certification vouchers (collectively, “Training and Certification Products”) solely for Customer’s internal business purposes as set forth on the Quickbase University website currently located at https://university.quickbase.com/. As used herein, “Customer” means the party, entity, or individual purchasing, or otherwise registering for, the Training and Certification Products from Quickbase or an authorized Quickbase reseller (“Reseller”). If you are an individual purchasing or registering for the Training and Certification Products, you represent to Quickbase that you are doing so for your own personal use. By proceeding with purchasing or registering for Training and Certification Products, you agree to these terms (“Terms and Conditions”).

Location and Schedule

Instructor-Led Publicly Available Classes: The location and schedule for publicly available classes in a physical or virtual classroom environment are published on the Quickbase University website.

Instructor-Led Private Training Classes: The location and start date for private training classes will be mutually agreed upon by Quickbase and Customer. For private training classes that are held at Customer’s location, Customer shall provide Quickbase an appropriate training room with adequate audio-visual capability and an Internet connection (including a hard-line connection if Wi-Fi is not adequate) and other requirements and capabilities reasonably requested by Quickbase that are necessary for the training.

Instructor-Led Semi-Private Training Classes: The location and schedule for publicly available classes in a physical or virtual classroom environment are published on the Quickbase University website. These classes are open enrollment for all Customers but limited to 20 participants. Customer may pay with a credit card through Quickbase University. If Customer has a service package where semi-private training is included in the package, or has purchased non-recurring service hours, then Customer may opt to use hours instead.

On-Demand Classes: On-Demand classes are self-paced training courses that Customers can access via the Internet as set forth on the Quickbase University website.

Cancellation and Rescheduling Policy for Instructor-Led Classes

Customer Rescheduling for Instructor-Led Classes: Customer will provide written notice of reschedule request no less than 14 calendar days prior to the class start date; otherwise, Customer will forfeit 100% of the pre-paid training fees. Customer must send notice directly to [email protected].

Certifications and Certification Codes

Quickbase certifications and certification codes are subject to the terms and conditions in this document, the Certification Program Policies, and the Quickbase Certification Program Agreement terms. Certification exams are taken through a third-party testing company and subject to the additional terms, conditions, and policies posted on the third-party website. Certifications will be issued upon successful completion of the applicable requirements.

Customer agrees to pay the total fee amount on the related Order Form as specified on the applicable Training and Certification Product webpage if purchasing directly from Quickbase. Fees paid for Quickbase training classes may not be used for certification codes or training delivered under a Statement of Work.

If Customer is purchasing directly from Quickbase, then as between Quickbase and Customer the Training and Certification Products as described herein are provided pursuant to these Terms and Conditions, and the terms and conditions in the Order Form (if any) . In the event of a conflict between these Terms and Conditions and the Order Form (if any), these Terms and Conditions shall prevail.

If Customer is purchasing from a Quickbase authorized Reseller, then as between Quickbase and Customer, the Training and Certifications Products are provided pursuant to these Terms and Conditions and the terms and conditions in the Use Authorization as issued by Quickbase . In the event of a conflict between these Terms and Conditions and the Use Authorization (if any) , these Terms and Conditions shall prevail.

Except as explicitly set forth above in these Terms and Conditions, all Training and Certification Products are non-cancellable, non-transferable, non-refundable, cannot be used for services or activities other than for those purchased or registered, and not subject to acceptance. All Training and Certification Products must be fully consumed within 12) months from the effective date of the purchase as specified on an ordering document or the applicable Training and Certification Products website following Customer’s purchase or registration (the “Effective Date”). Services and other activities are not included in this offering unless specifically set forth in an ordering document. Any unused Training and Certification Products shall expire in their entirety 12 months from the Effective Date ,or when the relevant Order Form expires (whichever comes first), with no further credit or refund and shall have no value thereafter. Unless otherwise specified in the Order Form or Use Authorization between Quickbase and Customer, all fees and expenses for Training and Certifications Products and services hereunder will be paid within 30 days after the invoice date.

Quickbase training classes are subject to Quickbase’s Privacy Policy set forth at https://www.quickbase.com/privacy and Quickbase’s applicable visitor policies, which are subject to change. Further information can be obtained through Quickbase’s respective, then-current visitor registration process.

For On-Demand Training and Certification Products, unless otherwise stated in the class description, Customer’s access to an On-Demand class will expire twelve (12) months from the Effective Date.

Quickbase certification exam codes are valid for use only by the candidate for whom the exam code was issued and may not be transferred, sold, gifted, shared, or exchanged with or to any other individual. Quickbase certification exam candidates should not purchase, accept, or use an exam code that is not issued to such candidate directly by Quickbase. Quickbase certification exam codes may only be redeemed for the specific certification intended. Failure to comply with these requirements will result in immediate confiscation of the exam code without a refund, termination of the candidate’s participation in any current or future Quickbase certification programs and training courses, and termination of any previously issued certifications obtained in violation of these Terms and Conditions.

Any course materials provided or made available in connection with Training and Certification Products is deemed Quickbase intellectual property, as defined in the Quickbase Terms of Service. In addition to the restrictions in the Quickbase Terms of Service, and to the fullest extent permitted by applicable law, no part of any course materials may be used for any other purpose, reproduced, stored in a retrieval system, disseminated, transmitted, or published in any form or by any means, including without limitation, electronic, mechanical, photocopying, photographing, recording or otherwise, or translated into any language without the prior written permission from Quickbase.

Quickbase may provide advertisements of third parties on our website and/or feature information, materials, products, or services provided by third parties, including without limitation, third party credit card processing services (collectively, “Third Party Offerings”). Quickbase makes no representations with respect to, nor does it guarantee or endorse the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such Third-Party Offerings. Notwithstanding anything to the contrary in these Terms and Conditions or the Agreement, any correspondence, terms and conditions, agreements, and any other dealings between Customer and any third parties regarding Third Party Offerings are solely between Customer and the specific third party or third parties, and Quickbase is not a party. Quickbase has no control over and expressly disclaims responsibility and liability for all third party provided information, materials, programs, products, and services covered on or accessed through a Quickbase website. By proceeding with purchasing or registering for Training and Certifications Products, you agree that Quickbase shall not be responsible for any warranties, indemnitees, or any losses or damages of any sort incurred as a result of any of these dealings or as the result of the presence of such third parties on Quickbase’s website.

TO THE FULLEST EXTENT PERMITTED BY LAW, QUICKBASE SPECIFICALLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE TRAINING AND CERTIFICATION PRODUCTS INCLUDING ANY WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM DEFECTS OR VIRUSES, OR AVAILABILITY.

FOR PURPOSES OF THESE TERMS AND CONDITIONS, EXCEPT TO THE EXTENT PROHIBITED UNDER LAW, QUICKBASE SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE TRAINING AND CERTIFICATION PRODUCTS, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF REVENUE OR PROFITS, LOSS OF DATA, COVER AND COSTS OF SUBSTITUTE GOODS OR SERVICES, HOWEVER CAUSED AND WHETHER IN CONTRACT, IN TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT QUICKBASE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER QUICKBASE REVIEWED, MODERATED, COMMENTED ON OR CREATED THE TRAINING AND CERTIFICATION PRODUCTS GIVING RISE TO DAMAGES. IF QUICKBASE IS LIABLE TO CUSTOMER FOR DAMAGES OF ANY KIND, THEN QUICKBASE’S TOTAL, CUMULATIVE LIABILITY TO CUSTOMER, ARISING OUT OF OR RELATED TO THE TRAINING AND CERTIFICATION PRODUCTS, WHETHER IN CONTRACT, IN TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WILL NOT EXCEED (A) $1,000.00 USD FOR THOSE TRAINING AND CERTIFICATION PRODUCTS WHICH ARE PROVIDED BY QUICKBASE AT NO CHARGE, OR (B) THE FEES CHARGED BY QUICKBASE AS SPECIFIED ON AN ORDER QUICKBASE UNIVERSITY WEBSITE DURING THE 12 MONTH PERIOD BEFORE SUCH LIABILITY AROSE. MULTIPLE CLAIMS WILL NOT INCREASE THIS LIMIT. THE PARTIES HAVE AGREED THAT THE LIMITATIONS SET FORTH HEREIN WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

These Terms and Conditions will be governed and interpreted by and under the laws of the Commonwealth of Massachusetts applicable to contracts entered into and wholly performed therein and the parties expressly disclaim the applicability of the United Nations Convention on Contracts for the International Sale of Goods, the Convention on the Use of Electronic Communications in International Contracts, and the Uniform Computer Information Transactions Act. Any disputes arising out of or related to these Terms and Conditions or performance hereof, shall be exclusively brought in the federal or state courts in the Commonwealth of Massachusetts and the parties waive any objections related thereto.

Quickbase reserves the right to amend these Terms and Conditions from time to time.

These Terms and Conditions, including the provisions incorporated herein by reference, constitute the complete and entire agreement of the parties with respect to its subject matter and supersede and replace all prior understandings, whether oral or in writing.