Terms & Conditions

AGREEMENT TO TERMS

 

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of a third-party (“you”) and Nighthawk.cloud, Inc. (“Nighthawk”, “Nighthawk Ascend”, “we”, “us”, or “our”), concerning your access to, use of, and registration for Training courses (collectively, “Training”) provided through the website www.nighthawkascend.cloud, as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the ‘Site”). You agree that by registering for Training through the Site, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND/OR REGISTERING FOR TRAINING AND YOU MUST DISCONTINUE USE AND/OR REGISTRATION IMMEDIATELY.

We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change.

 

USER REPRESENTATIONS

Course registration is limited to individuals actively employed as law enforcement/peace officers, criminal investigators and analysts, correctional officers and analysts, or criminal prosecutors, for a United States federal, state, county, or municipal agency, or for any Native American Tribal Land/Territory. Course material may contain information that is governed by the United States Department of Justice’s CJIS (Criminal Justice Information Services) requirements and therefore all attendees, through the process of registration, affirm that they qualify as being CJIS compliant and certified to access CJI. Nighthawk is not liable for any violation of CJIS as it relates to an attendee’s compliance with CJIS and their access to and use of CJI.

By using the Site and/or attending Training, you represent and warrant that:

  1. all registration information you submit will be true, accurate, current, and complete;

  2. you will maintain the accuracy of such information and properly update such registration information as necessary;

  3. you have the legal capacity and you agree to comply with these Terms of Use; and

  4. you are not a minor in the jurisdiction in which you reside.

 

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to cancel your Training registration, and refuse any and all current or future use of the Site and/or attendance to future Trainings (or any portion thereof).

TRAININGS

All Training is subject to availability. We reserve the right to discontinue or cancel Training at any time for any reason.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site and Training courses therein are our proprietary property and all material, documents, audio, video, text, photographs, and graphics on the Site and within the Training materials (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site and in Training material AS IS for your information and personal use only, as outlined in the Training course and governed herein by these Terms of Use. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, and coded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. We reserve all rights not expressly granted to you in and to the Site and/or Training, the Content and the Marks.

 

PURCHASES AND PAYMENTS

We accept the following forms of payment:

  • Credit Card

  • Check

  • Automated Clearing House (ACH)

  • Purchase Order Based Pre-Payment for Larger Agencies With Multiple Attendees

You agree to provide current, complete, and accurate purchase and account information for all purchases made on the Site. You further agree to properly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. All payment shall be in U.S. dollars. You agree to pay all charges at the prices then in effect for your purchases and any applicable fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes and pricing, even if we have already requested and received payment. We reserve the right to refuse any order placed through the Site. We reserve the right to limit or prohibit your orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

REFUND POLICY

You may cancel your order, or a portion of your order, for a full refund of the cost of the original order, or portion of order being requested for refund, up to fourteen (14) calendar days prior to the first day of the Training. You may cancel your order, or a portion of your order, for a partial refund of 50% the cost of the original order, or portion of order being requested for refund, between thirteen (13) calendar days prior to the first day of Training.

 

There are no cancellations or refunds as of the first day of Training. There are no cancellations or refunds for an attendee who begins a Training but is unable to complete the Training.

Notices of cancellation (collectively, “Cancellations”) must be made in writing and sent via electronic communication (email) to training@nighthawk.cloud. You agree to cooperate, in good faith, and provide any additional information requested by us for the processing of any refund associated with a Cancellation. Upon receipt of a valid and complete Cancellation, we reserve the right to begin processing of your Cancellation within thirty (30) calendar days. By accepting these Terms of Use, you acknowledge, agree and release us from liability for any and all delays and/or the actions by the third-party financial institutes involved in the processing of funds related to the Cancellation.

 

TRANSFER OF REGISTRATIONS

Registrations for Training can be transferred from an original attendee to another attendee as designated by the original attendee and/or the individual who registered the original attendee (collectively, “Transfer”). A Transfer can be made at any point prior to the beginning of the Training or on the first day of Training. No Transfer will be allowed after the start of the Training. Notice of Transfer must be made prior to the start of Training in writing and sent via electronic communication (email) to training@nighthawk.cloud. Notice of Transfer on the first day of Training can be made in-person in accordance with these Terms of Use.

 

PROHIBITED ACTIVITIES

You may not access or use the Site and/or Training materials for any purpose other than that for which we make the Site and/or Training materials available.

As a user of the Site and/or attendee of Training, you agree not to:

  1. Systematically retrieve data or other Content from the Site and/or the Training material to create or compile, directly or indirectly, a collection, compilation, database, or directories without written permission from us.

  2. Use the Site and or Training material as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue generating endeavor or commercial enterprise.

  3. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.

  4. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site and or Training to you.

  5. Delete the copyright or other proprietary rights notice from any Content.

  6. Disparage, tarnish, or otherwise harm, in our opinion, us, the Site and or the Training.

  7. Duplicate any Training course material, documents, and or data.

 

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Training (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of the Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

PRIVACY POLICY

We care about data privacy and security. Please be advised the Site and Training are hosted in the United States. If you access the Site and/or register for Training from any other regions of the world with laws where other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site and/or Training at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site and/or Training during any downtime or discontinuance of the Site and/or Training. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site and/or Training or to supply any corrections, updates, or releases in connection therewith.

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Training, including description, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

GOVERNING LAW

These Terms of Use and your use of the Site and/or Training are governed by and construed in accordance with the laws of the state Colorado applicable to agreements made and to be entirely performed within the state of Colorado, without regard to his conflict of law principles.

 

DISPUTE RESOLUTION

Any legal action brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts located in Arapahoe County, Colorado. In no event shall any claim, action, or proceeding brought by either party related in any way to the Site and/or Training be commenced more than one (1) year after the cause of action arose.

 

LIMITATIONS OF LIABILITY

In no event will we or our directors, employees, or agents be liable to you or any third-party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, lost data, or other damages arising from your use of the Training Content, even if we have been advised of the possibility of such damages.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorney’s fees and expenses, made by any third-party due to or arising out of: (1) your Contributions; (2) information from the Training; (3) breach of these Terms of Use; (4) your violation of the rights of a third-party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other attendee of the Training.

 

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitutes electronic communications. You consent to receive electronic communications, and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement and such communication be in writing.

 

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, CA 95834 or by telephone at 800-952-5210 or 916-445-1254.

 

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these terms with you shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all rights and obligations to others at any time. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site and/or Training. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and lack of signing by the parties here to execute these Terms of Use.

 

CONTACT US

In order to resolve a complaint regarding the Training, please contact us at:

Nighthawk.cloud, Inc.

6200 South Main Street, #210

Aurora, CO 80016

United States

training@nighthawk.cloud