REBOOTKAMP TERMS OF USE

Effective Date –11/02/19
Last Updated –11/02/19

THESE TERMS OF USE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURT OR JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

These Terms of Use (the “Terms of Use”) apply to websites owned and operated by Rebootkamp Tunisia. and its affiliates and subsidiaries (together, the “Company,” “we” or “us”) located at https://www.rebootkamp.net and all associated domain names and all other websites and domain names affiliated with the Company, and any other linked pages, features, content, or application services offered from time to time by us in connection therewith (collectively, the “Website”). The Website is the property of the Company and its licensors. BY USING THE WEBSITE, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS TERMS OF USE; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER AND OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS TERMS OF USE AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE.

ACCESS TO THE WEBSITE
The Website is owned or operated by us. Subject to the terms and conditions of this Terms of Use, we may offer through the Website certain content, features or services described more fully on the Website (“Content”), solely for your own personal use, and not for the benefit of any third party. The term “Content” shall include, without limitation, the content offered by us on the Website and any feature or service we offer or perform for you. We may change, suspend or discontinue all or any part of the Content or the Website at any time. We also may impose limits on certain features and services or restrict your access to parts or all of the Website without notice or liability. You understand and agree that the Content is provided on an AS IS and AS AVAILABLE basis. We expressly and completely disclaim any and all responsibility and liability for the availability, accuracy, timeliness, security or reliability of the Content. We also reserve the right to modify, suspend or discontinue Content at any time and for any or no reason, with or without notice, and without any liability to you. We reserve the right, in our sole discretion, to modify this Terms of Use at any time by posting a notice on the Website, or by sending you a notice by email. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Content or the Website following such notification constitutes your acceptance of the terms and conditions of this Terms of Use as modified. This Terms of Use is void where prohibited by law, and the right to access the Website is revoked in such jurisdictions.

PROPER USE
You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Content is subject to your acceptance of and compliance with this Terms of Use, including our Privacy Policy (https://www.rebootkamp.net/privacy). You agree that you will use the Content in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (a) use the Content to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by us; (b) upload, transmit or otherwise distribute content that infringes upon another party’s intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (c) prevent others from using the Content in a manner consistent with this Terms of Use; or (d) use the Content for any fraudulent or inappropriate purpose. Violation of any of the foregoing may result in immediate termination of your account, revocation of your ability to use the Content, and may subject you to state and federal penalties and other legal consequences. We reserve the right, but shall have no obligation, to investigate your use of the Content in order to determine whether a violation of this Terms of Use has occurred or to comply with any applicable law, regulation, legal process or governmental request.

RESPONSIBILITY FOR FEES AND USAGE CHARGES
By utilizing the Content, you acknowledge that you may receive e-mail or text messages on your phone or mobile communications device, and that the receipt of such messages may cause you to incur usage charges or other fees or costs in accordance with your wireless or data service plan. Any and all such charges, fees, or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees, or costs may apply to your use of the Content.

PERSONAL INFORMATION
For information regarding our treatment of personally identifiable information, please review our current Privacy Policy, which is hereby incorporated into this Terms of Use by reference.

WEBSITE CONTENT
The Website and its contents are intended solely for the personal, non-commercial use of Website users and may only be used in accordance with the terms of this Terms of Use. All materials displayed or performed on the Website (including, but not limited to text, graphics, articles, photographs, images, illustrations (also considered part of the “Content”)) are protected by copyright and other intellectual property laws. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Website, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (a) without the express prior written consent of the respective owners, and (b) in any way that violates any third party right.

The Website is protected by copyright as a collective work and/or compilation, pursuant to Tunisia copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided below) create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or the Website in whole or in part except in accordance with this Terms of Use.

Unless otherwise expressly specified in particular Content, you may download or copy Content (and other items displayed on the Website for download) for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content other than personal, noncommercial use is expressly prohibited without prior written permission from us or from the copyright holder identified in such Content’s copyright notice.

You shall not link to the Website without our prior written consent, except in accordance with the terms of this Terms of Use.

Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Website.

USER SUBMISSIONS
In the course of using the Content and the Website, you and other users may provide information that may be used by us in connection with the Content and which may be used by or visible to certain other users. You understand that by posting information or content on the Website or otherwise providing content, materials or information to us or in connection with the Content or the Website (collectively, “User Submissions”), we hereby are and shall be granted a non-exclusive, worldwide, royalty free, perpetual, irrevocable, and transferable right to fully exploit such User Submissions (including all related intellectual property rights) and to allow others to do so. However, we will only share your personally identifiable information in accordance with our current Privacy Policy (https://www.rebootkamp.net/privacy). You also hereby do and shall grant each user of the Website and Content a non- exclusive license to access your User Submissions through the Website, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under this Terms of Use. Furthermore, you understand that we retain the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. You understand that all information publicly posted or privately transmitted through the Website is the sole responsibility of the person from which such content originated and that we will not be liable for any errors or omissions in any content or any actions taken or not taken as a result User Submissions. You understand that we cannot guarantee the identity of any other users with whom you may interact in the course of using the Website. Additionally, we cannot guarantee the authenticity of any data that users may provide about themselves. You acknowledge that all Content accessed by you using the Website is at your own risk and you will be solely responsible for any injury, damage or loss to any party resulting therefrom.

YOUR WARRANTY
You warrant, represent and agree that you will not contribute any content or otherwise use the Website in a manner that (a) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (b) violates any law, statute, ordinance or regulation; (c) is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (d) jeopardizes the security of your account in any way, such as allowing someone else access to your account or password. We reserve the right to remove any Content from the Website at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not us, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Website, and you warrant that you possess all rights necessary to provide such content to Company and to grant Company the rights to use such information in connection with the Content and as otherwise provided herein.

RESTRICTIONS
You are responsible for all of your activity in connection with the Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Website. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any of our users. Use of the Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene) or engage in any illegal activity is expressly prohibited. You will not run any form of auto-responder, or “spam” on the Website, or any processes that run or are activated while you are not logged on to the Website, or that otherwise interfere with the proper working of or place an unreasonable load on the Website’s infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website is prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Content. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Content. You may not transfer your account to anyone without express prior written consent of Company.

WARRANTY DISCLAIMER
We have no special relationship with or fiduciary duty to you. THE CONTENT, WEBSITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE WEBSITE AND CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT LIMITING ANYTHING ELSE IN THIS TERMS OF USE, IN NO EVENT WILL WE OR OUR AFFILIATES, OR ANY OF OUR OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE OR ANY CONTENT (INCLUDING CONTENT POSTED BY THIRD PARTIES) AND RELATED SERVICES FOR:
• PERSONAL INJURY, PROPERTY DAMAGE, THEFT, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF REPORTS, LOSS OF CONTENT, BUSINESS INTERRUPTION, MOBILE DEVICE FAILURE, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES; AND
• DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR YOUR USE OF THE WEBSITE, CONTENT, OR ANY RELATED SERVICES, INCLUDING AMOUNTS PAID BY YOU OR ON YOUR BEHALF FOR TUITION FOR EDUCATION OR TRAINING PROGRAMS OR COURSES PROVIDED BY THE COMPANY.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

If you are accessing this Website, YOU (A) ASSUME ALL RISKS OF LOSSES OR DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS WEBSITE; (B) IRREVOCABLY WAIVE ALL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) THAT MAY OCCUR AS A RESULT OF YOUR USE OF THIS WEBSITE; AND (C) EXPRESSLY AGREE TO RELEASE AND DISCHARGE THE COMPANY, AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THIS WEBSITE; AND (D) YOU VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST THE COMPANY FOR LOSSES OR DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, INCLUDING ANY CLAIM BASED ON ALLEGED NEGLIGENCE ON THE PART OF THE COMPANY AND ITS AGENTS AND EMPLOYEES. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.

REGISTRATION AND SECURITY
As a condition to using Content, you may be required to register with us and select a password and user name (“Company User ID”). You shall provide us with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your account. You may not (i) select or use as a Company User ID a name of another person with the intent to impersonate that person; or (ii) use as a Company User ID a name subject to any rights of a person other than you without appropriate authorization. We reserve the right to refuse registration of or cancel a Company User ID in our discretion. You are responsible for maintaining the confidentiality of your password.

INDEMNITY
You agree to indemnify, defend and hold harmless us and our managers, members, owners, officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Website and Content or your breach of this Terms of Use. Furthermore, you agree that we assume no responsibility for the content you submit or make available through the Website.

DISPUTE RESOLUTION

The Tunisian law shall apply to these Terms, notwithstanding the jurisdiction where you are based. You irrevocably agree that the courts of Tunisia shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with the Terms and for those purposes irrevocably submit all disputes to the jurisdiction of the Tunisian courts. The place of performance shall be Tunisia.

We make no warranty or guarantee that the Site or information available over it complies with laws other than those of Tunisia. 

SUBMISSION OF PERSONAL INFORMATION (THE PERSONAL DATA PROTECTION ORGANIC LAW N° 2004-63 OF 27 JULY 2004 AND OTHER APPLICABLE LEGISLATION)

 In some areas of the Site, we ask you to provide information that will enable us to enhance your visit to the Site, to provide you with a service you have requested or reply to you after your visit. This would include where you subscribe to our online newsletters, or provide feedback to us through the feedback form or when you complete any online survey we may offer from time to time. When you do so, we may ask you to give us your name, email address and other personal information that will be needed to supply the services to you. 

By submitting personal data to us and by using the Site you give your consent that we may process all of the personal data you have submitted in the manner and for the purposes set out in these Terms or for the purposes specified in the relevant part of the Site. 

We may use your personal data for future related email mailings, general correspondence regarding our services and correspondence which may be of relevance to you. If you would rather not receive future marketing emails from us please inform us by email. In relation to online newsletters and other email bulletins and alerts you can ‘unsubscribe’ or ‘opt-out’ at any time by following the link at the bottom of the newsletter or bulletin. 

Where this Site allows you to apply for a position within our organisation, or you submit such information by email, the information you provide, with the exception of any equal opportunity and diversity information, will be used for the purposes of considering your application for a position with us. Recruitment information may be held in a database and be processed by us, or our agents under our instruction, in the course of our recruitment process. Any equal opportunity and diversity information will not have any influence on the outcome of your application. 

The information you provide us will be kept confidential and will be used by us only to support your relationship with us in accordance with the Personal Data Protection Organic Law n° 2004-63 of 27 July 2004 and other applicable legislation. 

 

THIRD-PARTY MATERIALS
The Website may display, include or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services, including through third- party advertising (“Third Party Materials”). You acknowledge and agree that we are not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. We do not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions.

TERMINATION
This Terms of Use shall remain in full force and effect while you use the Website. You may terminate your use of the Website or your account at any time by contacting us at hello@rbk.tn We may suspend or terminate your access to the Content, Website or your account at any time, for any reason (without cause or for your violation of any provision of this Terms of Use), and without warning or notice, which may result in the forfeiture and destruction of all information associated with your membership. Upon termination of your account, your right to access the Website and any Content will immediately cease. All provisions of this Terms of Use, which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

EXPRESS CONSENT TO RECEIVE CALLS AND TEXT MESSAGES FROM THE COMPANY
By agreeing to the Terms of Use, you expressly consent to receive from the Company and its agents marketing and advertising phone calls and text messages made using an automatic telephone dialing system or an artificial or prerecorded voice to any mobile or residential phone numbers you provide to the company. By agreeing to the Terms of Use, you also understand that consent is not required to make a purchase. You may revoke your consent at any time. You warrant and represent that you are either the account owner of any mobile or residential phone numbers you provide to the Company, or you have the express permission of the account holder to provide such numbers.

MISCELLANEOUS
The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Terms of Use shall otherwise remain in full force and effect and enforceable.

This Terms of Use is not assignable, transferable or sublicensable by you except with our prior written consent. We may transfer, assign or delegate this Terms of Use and our rights and obligations without consent. This Terms of Use shall be governed by and construed in accordance with the laws of the State of Colorado without regard to the conflict of laws provisions thereof.
This TERMS OF USE and our Privacy Policy (https://www.rebootkamp.net/privacy) constitute the entire agreement between you and us with respect to the Website and Content and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Website.

COPYRIGHT DISPUTE POLICY
We have adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf). It is our policy to (a) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (b) remove and discontinue service to repeat offenders.