Background and Description of Service
Ciena’s On-Demand Collection site (the “Site”) is a web site developed by Ciena to help customers and partners expand their knowledge of Ciena’s technologies and solutions.
The Discover Series set of learning helps customers and partners become 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 the Discover series.
The Develop Series is a paid subscription service that provides on-demand learning 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. It is delivered in a single annual subscription that is activated from the date Develop Series content is granted to you or you receive a self-registration email.
The Achieve Series is a paid subscription services that provides access to all the on-demand learning provided by the Develop series, as well as access to scheduled, public virtual lab sessions hosted by a Ciena instructor. It is delivered in a single annual subscription that is activated from the date Achieve Series content is granted to you or you receive a self-registration email.
The Discover, Develop and Achieve series are referred to herein individually and collectively as “Service". Ciena may make updates, enhancements, restrictions, or changes to the Service, or remove existing content and/or add new content in its discretion at any time and without notice.
You will have unlimited access to Your purchased on-demand content for 12 consecutive months (excluding instructor-led content).
- 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 Service 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 of age or older; d) You have not previously been suspended or removed from the Service; and (e) Your use of the Service does not and will not violate any applicable law or regulation. Your profile may be deleted and Your access to the Service may be terminated without warning if Ciena suspects that You are underage.
Rules and Regulations
This Agreement sets forth the legally binding terms for the Site and the Service. This Agreement covers all of Your visits to the Site and any use of the Service. If You stop visiting the Site or stop using the Service, this Agreement remains in effect. The terms contained in this Agreement form part of Ciena’s policies for access to and use of the Service.
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 Service. If You continue using the Site or Service 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 Service or access other features of the Service, 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. Term of Use /Costs and Fees. Site registration is presently at no charge to authorized users. Access to the Discover Series, as identified by Ciena, is presently at no charge to You. Unless otherwise specified, i) You can purchase one or more of the subscription options or individual courses offered in the Service and ii) the selected Service will be available to You for a term of one year, except for instructor-led courses, which will be available upon the scheduled delivery date. You acknowledge and agree that access to the Develop Series and/or Achieve Series, as identified by Ciena, is subject to invoice and payment of the required fee, and is available by following the process for purchase and payment as directed by Ciena on the Site or as mutually agreed in writing. Upon expiration of the purchased annual subscription period, access to the purchased Service content will terminate and may be subject to renewal at Ciena’s then current pricing, terms and conditions. You will still be able to access the Discover Series. You may terminate Your license for the purchased Service at any time; however, no refund will be provided
d. Laws and Reporting. You may not use the Site or Service 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 Service is void where prohibited.
e. Use of Service; 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 Service 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 Service by any person, please contact the site administrator at support@cienalearning.freshdesk.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 Service, user conduct or any material on the Site, Your sole remedy is to cease using the Site or the Service.
f. License Grant. In exchange for Your payment of all applicable fees and compliance with all of the terms and conditions of this Agreement, Ciena hereby grants to You a nonassignable, nontransferable, nonsublicensable and nonexclusive license to access and use the Service for the Courses selected and paid for by You. Further, in exchange for Your agreement to and compliance with the terms and conditions herein, Ciena grants to You a nonassignable, nontransferable, nonsublicensable and nonexclusive right to use the Course Materials as provided herein.