Training Session Terms and Conditions

F9 Teams, Inc., d/b/a Team SODO (“Team SODO”) offers various classes and trainings under the following terms. By purchasing a ticket for a Team SODO training, you agree to the following terms and conditions (this “Agreement”).

  1. Definitions.
    1. Participant” means an individual who has properly signed up for and attends or participates in the Training Services.
    2. Training Manuals” means, for purposes of Participant receiving Training Services under this Agreement, technical information related to Team SODO products or services or those of its third party licensors, provided by Team SODO in any medium whatsoever, including without limitation, training manuals, business processes, white papers, product configuration and installation instructions and best practices guidelines.
    3. Training Materials” means, for purposes of Participant receiving Training Services under this Agreement: (i) all Team SODO software applications distributed to or accessed by Participant, (ii) software tools, (iii) Team SODO-owned or leased hardware utilized by Team SODO and (iv) Training Manuals.
    4. Training Services” means classes taught by Team SODO that train Participants to use Team SODO’s model of software engineering.
  2. Course Attendance Eligibility. Attendance to the Training Services is limited to individuals registered through the Team SODO shipondayone.com (the “Site”).  Team SODO reserves the right to ask disruptive individuals to leave, in its sole discretion, and to bar such disruptive individuals from future Training Services.
  3. Fees.
    1. Fees. Upon registering for the Training Services, Participant shall purchase a ticket through the Site.  
    2. Refunds.  
      1. Team SODO will refund the full amount of the ticket price for any tickets canceled in writing at least 30 days prior to the applicable Training Services.
      2. Team SODO will refund 50% of the ticket price for any tickets canceled in writing between 1 and 29 days prior to the applicable Training Services.
      3. At Participant’s written request, Team SODO will attempt to exchange a canceled ticket for a ticket to a later session of the Training Services. Such exchange is subject to availability.
    3. Cancellation Policy. Team SODO reserves the right to cancel a class at any time.  Participant will receive a full refund of fees paid for any Training Services canceled by Team SODO.
  4. Special Access Requirements. If Participant requires special access for a Training Session, Participant must notify Team SODO at least two weeks in advance of the Training Session to allow Team SODO to assess Participant’s requirements.
  5. Recording policy. Team SODO strictly prohibits the recording and rebroadcast of audio or video of the Training Sessions.
  6. License Grant.
    1. Use of Training Materials. Subject to the purchase of a ticket for the applicable Training Services and compliance with this Agreement, Team SODO hereby grants Participant a non-exclusive, limited, non-transferable and revocable license to use the Training Materials for purposes of receiving the Training Services and as a reference for the Training Services, and for no other purposes.
    2. License Exclusions. Participant may not republish Training Materials. Participant may not reverse engineer, decompile, disassemble, translate, copy, reproduce, display, publish, create derivative works of, assign, sell, lease, rent, license, sublicense or grant a security interest in all or portion of the Training Materials. Participant may not utilize the Training Materials to replicate or attempt to perform the Training Services or to develop or attempt to develop any of the products described in the Training Materials for Participant, its employees or any other third party.
  7. Work Product.  Team SODO shall solely own all right, title and interest in and to any intellectual property created in conjunction with delivering Training Services hereunder (“Work Product”). To the extent Participant acquires any rights to the Work Product by operation of law or otherwise, Participant hereby assigns to Team SODO all right, title and interest in and to such Work Product.
  8. Video and Photography Release.
    1. Participant grants Team SODO, with respect to (i) Participant’s name, (ii) all pictures or photographs of Participant that Participant provide to Team SODO or that Team SODO takes of Participant during the Training Services (the “Pictures”), and (iii) all motion picture and electronic (video) images of Participant that Participant provides to Team SODO, or that Team SODO takes of Participant during the Training Services (the “Videos”), the unrestricted perpetual, worldwide and royalty-free right to reproduce, copy, modify, create derivatives in whole or in part, or otherwise use Participant’s name, the Pictures, and the Videos, or any part thereof, in combination with or as a composite of other matter, including without limitation text, data, images, photographs, illustrations, animation and graphics, video or audio segments of any nature, in any and all media, as Team SODO may choose, and to assign and sublicense such rights. This permission extends to all languages, media, formats, and markets now known or hereafter devised.
    2. Participant hereby waives all rights and releases Team SODO from, and shall neither sue nor bring any proceeding against Team SODO for, any claim or cause of action, whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the use or exploitation of Participant’s name, the Pictures or the Videos.
  9. Disclaimer of Warranties.  TEAM SODO MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING OR RELATING TO THE TRAINING SERVICES, TRAINING MATERIALS, OR ANY OTHER MATERIALS OR SERVICES FURNISHED OR PROVIDED TO PARTICIPANT UNDER THIS AGREEMENT.  TEAM SODO HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE TRAINING SERVICES, OR TRAINING MATERIALS.  TEAM SODO DOES NOT REPRESENT NOR WARRANT THAT THE TRAINING SERVICES, TRAINING MATERIALS OR ANY OTHER MATERIALS OR SERVICES FURNISHED OR PROVIDED TO PARTICIPANT UNDER THIS AGREEMENT WILL BE ERROR-FREE, OR PERFORM IN AN UNINTERRUPTED MANNER.  APPLYING THE TEAM SODO FRAMEWORK DOES NOT GUARANTEE ANY PARTICULAR ENGINEERING OUTCOME IN YOUR ORGANIZATION.
  10. Limitation of liability. IN NO EVENT WILL TEAM SODO BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF COVER OR IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE TRAINING MATERIALS, TRAINING SERVICES, OR ANY OTHER MATERIALS OR SERVICES PROVIDED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, OR OTHERWISE, EVEN IF  TEAM SODO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  TEAM SODO’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR DAMAGES WILL NOT, IN ANY EVENT, EXCEED THE FEES PAID BY PARTICIPANT TO TEAM SODO FOR ANY TRAINING SERVICES HEREUNDER.
  11. Confidential Information.
    1. Participant will receive certain Team SODO confidential and proprietary information, including, but not limited to, information designated as confidential in writing, and information, which ought to be in good faith considered confidential and proprietary to Team SODO or third party licensors (“Confidential Information”). Notwithstanding the foregoing, the following is Confidential Information of Team SODO: all trade secrets, Training Materials, software and Work Product.
    2. Participant will protect the Confidential Information from unauthorized dissemination and use with the same degree of care that Participant uses to protect his or her own non-public and confidential information, but in no event less than a reasonable degree of care.
    3. Participant will not use Confidential Information for purposes other than those necessary to directly further the purposes of this Agreement.
    4. Participant shall not republish any Training Materials. Participant will not disclose to third parties Confidential Information without prior written consent of Team SODO.
    5. Information shall not be considered Confidential Information to the extent, but only to the extent, that the Participant can establish that such information (i) is or becomes generally known or available to the public through no fault of Participant; (ii) was lawfully in the Participant’s possession before receipt from Team SODO; (iii) is lawfully obtained from a third party who has the right to make such disclosure; or (iv) has been independently developed by the Participant without use of or reference to any Confidential Information.
  12. Governing Law. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF WASHINGTON WITHOUT REGARD TO ITS CONFLICT-OF-LAWS RULES. THE PARTIES HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN KING COUNTY, WASHINGTON, AND WAIVE ANY OBJECTION ON THE GROUNDS OF LACK OF JURISDICTION (FORUM NON CONVENIENS OR OTHERWISE) TO THE EXERCISE OF SUCH JURISDICTION OVER IT BY ANY SUCH COURTS FOR RESOLUTION OF ANY DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT.
  13. Export Restrictions. Participant agrees that it will not transfer, export or re-export any Training Materials to any country, person or entity subject to U.S. export restrictions. Participant specifically agrees not to transfer, export or re-export any Training Materials (i) to any country to which the U.S. has embargoes or restricted the export of goods or services, or to any national of any such country, wherever located, who intends to transmit or transport Training Materials back to such country; (ii) to any person or entity who Participant knows or has reason to know will utilize the Training Materials in the design, development or production of nuclear, chemical or biological weapons; or (iii) to any person or entity who has been prohibited from participating in U.S. export transactions by any agency or instrumentality of the U.S. government.

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