Policies and Terms & Conditions
Class Cancellation Policy
- We reserve the right to cancel any class up to 10 business days prior to the start of the class. If this occurs you will receive a full refund. This policy is designed to allow our customers to purchase airfare no later than 10 business days in advance.
Student Cancellation Policy
- To cancel or reschedule a class, BMC Software requires notice at least 10 business days prior to the class start date. If a cancellation or reschedule request is made in less than 11 business days, that student will be subject to the full course fee, as will any student who fails to show up for a scheduled class. If you register during the cancellation period, the policy is in effect immediately.
Purchase Order Information for Americas
- Purchase Orders made out to:
BMC Software Inc
PO Box 201040
Houston, TX 77216-3215
A “Bill To" and “Ship To” Address Clearly Identified, with Payment Terms = NET 30 Days (Domestic) NET 45 Days (International)
Canada Based Learners:
If purchasing web based titles or classes to be attended in a training center in Canada, purchase orders should be made out to:
BMC Software Canada, Inc. with the same address as above.
Please fax a copy of your Purchase Order to (713) 918-3080 or email a copy to education@bmc.com.
- Sales Tax Information for United States and Canada: Where applicable BMC collects sales tax in the U.S. and in Canada. Learning Pass Credits (LPC) are taxed when used in the U.S. and when purchased in Canada. In the U.S. your LPC's will be taxed when redeemed in accordance with the tax regulations, if any, that exist at the user's delivery location. A secondary invoice will be sent for the tax amount associated with the purchase.
Purchase Order information for AP or EMEA
- Please contact the local offices
For Web Based Courses
- Please be aware: Web Based Training is not refundable. Also, BMC will provide access to web based training (WBT) courses for a period of ninety (90) days from the date of registration.
- To access your Web Based Training, simply go to the training login page and log in.
- Introduction to the Training
You have requested to purchase web-based training (the "Training") from BMC Software, Inc. ("BMC"). This Training consists of several units that include reading materials, exercises, and learning activities (self tests) designed to teach you the basic functions and capabilities of a BMC product. The Training is a self-paced activity; the time required to complete the course is based on the pace you set and the time that you have available.
BMC will provide access to web based training (WBT) courses for a period of ninety (90) days from the date of registration. You may take the Training as many times as you like and review certain parts of the Training as you wish. At the end of the designated period of availability you will no longer have access to the Training unless you choose to purchase the Training again.
This designated period of time may vary, based on the type of Training you select; please refer to the course description pages for more information. You must agree to comply wit hall the terms and conditions below (the "Terms") in order to have access to the Training. You indicate your agreement with the Terms by clicking the "I Agree" button during your registration. Any new features that add to or enhance the Training will be subject to these Terms.
You may not transfer your usage rights to the Training (including your User ID and Password) to another entity.
If you have any questions regarding these Terms or Training, please contact BMC via email at education@bmc.com
- Eligibility for the Training
In order to enter into these Terms and access the Training, you must have an email address and you must be able to enter into legally binding contracts under applicable law for legitimate business purposes, subject to additional limits contained in these Terms.
- Training Registration
To obtain access to the Training, you must do the following:
- accept these Terms;
- complete the registration form; and
- pay the appropriate fees, using a credit card or BMC Learning Pass Credit(s);
You agree to provide BMC with correct, truthful and complete contact information, including your legal name, street address, email address, and telephone number. If you provide false contact information, or if you otherwise breach these Terms, BMC may terminate your access to the Training.
- Site Content
The Training web site (the "Site") may contain information, data, software, text, sound, photographs, graphics, video, messages or other materials (collectively, "Content") that are protected by applicable intellectual property law, including that of copyrights, trademarks and trade secrets. You agree not to directly or indirectly copy, distribute, modify, publish, transmit, sell, rent, lease or otherwise transfer, create derivative works from, or in any way use or exploit any of the Content or any part of the Content, except as BMC expressly authorizes you to do so in writing.
Content includes but is not limited to items that are publicly posted and those that are privately transmitted. Some of the Content may be the property of third parties. BMC is not responsible for and does not guarantee the accuracy or quality of such third party Content. In addition, in using the Site and the Training, you may be exposed to third party Content that is offensive, indecent or objectionable.
You agree that you bear all risks associated with the use of any Content and services, whether owned by BMC or a third party, including any reliance on the accuracy, quality or usefulness of such Content.
Through the Site, you may be exposed to hyperlinks to Web sites controlled by parties other than BMC. BMC is not responsible for and does not endorse or accept any responsibility over the content or use of these Web sites. You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them.
- Conduct while On-Line
You agree to use the Training and the Site only for lawful purposes. You agree not to create any Content or otherwise transmit any information or material that:
(a) is false or misleading;
(b) harasses another or invades their privacy;
(c) promotes racism or hatred against any group;
(d) is obscene;
(e) infringes another's intellectual property rights; or
(f) is spam. You agree not to collector store personal data about other users of the Site unless BMC expressly authorizes you to do so in writing.
Content is the sole responsibility of the person who originates such Content. In other words, you, not BMC, are entirely responsible for all Content that you upload, post, email or otherwise transmit to the Site ("Your Content"). You may upload Your Content to areas of the Site which are accessible to other subscribers (i.e. chat rooms, etc.) ("Public Areas"). If you upload Your Content to a Public Area, in doing so you grant BMC a perpetual, royalty-free, irrevocable, nonexclusive license to use, copy, modify, publish, transmit and distribute Your Content, in whole or in part, in any form, media or technology. If you are not the owner of any of Your Content you upload, then you warrant that the owner expressly grants BMC all of those same rights. You also warrant that all "moral rights" in Your Content that you upload to a Public Area have been waived.
BMC protects Your Content that you enter into non-Public Areas of the Site, as outlined in the Privacy Policy posted on the Site.
BMC does not pre-screen Your Content. However, BMC does retain the right (that it may or may not exercise, in its discretion) to (i) remove any Content or other information or material from the Site, regardless of whether the Content is in Public Area or non-Public Areas of the Site and (ii) make changes to or discontinue any and/or all parts of the Site.
BMC agrees to investigate complaints that are brought to its attention concerning inappropriate use of the Site.
- No Warranties
THE TRAINING, THE SITE, AND ALL CONTENT ON THE SITE, IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND WHATSOEVER. BMC DOES NOT WARRANT THAT THE TRAINING WILL SATISFY YOUR REQUIREMENTS, THAT THE TRAINING OR THE SITE IS WITHOUT DEFECT OR ERROR OR THAT THE OPERATION OF SITE WILL BE UNINTERRUPTED. BMC DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, MADE WITH RESPECT TO THE TRAINING, THE SITE AND THE CONTENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
- Limitation of Liability
In no event shall BMC be liable to any party for any damages caused by your failure to perform your responsibilities under these Terms. Nor shall BMC be liable to any party for loss of profits, goodwill, lost computer time, destruction, damage or loss of data, or any other indirect, incidental or consequential damages from any cause arising out of or in any way connected with the Site, the Training or the Content. In no event shall BMC's liability for direct damages resulting from your use of the Site, the Training or the Content exceed the amount paid by you for the Training. SOME COUNTRIES, TERRITORIES, STATES, PROVINCES OR SOVEREIGNTIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- Indemnification
You hereby indemnify and hold harmless BMC from any and all losses, costs, claims, liabilities, suits, judgments, claims, demands, actions proceedings and expense, including, without limitation, reasonable attorney's fees, based upon or relating to your access to or use of the Training or the Site.
- Privacy Policy
BMC's current privacy policy is posted on the Site.
- Applicable Laws/Non-Waiver/Relationship between the Parties
These Terms, as well as all other matters regarding your access to and use of the Training, the Site and/or the Content, shall be governed by Texas law. You agree to comply with all laws and regulations applicable to your use of the Site and the Training. If BMC fails to act with respect to a breach by you BMC does not by that inaction waive its right to act with respect to subsequent. The relationship between you and BMC is that of independent contractors; no agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created by these Terms.
- Copyright/Trademarks
Copyright © 2000, BMC SOFTWARE, INC. All rights reserved. Please be aware that names appearing on the Site may be trademarks of their respective owners.
- Export Restrictions
You agree to comply with all local rules and regulations regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside and you agree that U.S. export control laws and other applicable export and import laws govern your use of the Site and the Training, including technical data. You agree that you will not, directly or indirectly, export the Site or the Training nor any direct product thereof, in violation of these laws, and that you will not use the same for any purpose prohibited by these laws.
For Instructor Led-Online Education
- BMC Software may share information including your name and email address with WebEx (our Web Conferencing Provider) in order to facilitate virtual training.
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