Terms of Service
Last Updated: November 7, 2022
CyberX Elite reserves the right to modify these TOS at any time without advance notice. Any changes to these TOS will be effective immediately upon posting on this page, with an updated effective date. By accessing the Site after any changes have been made, you signify your agreement on a prospective basis to the modified TOS and all of the changes. Be sure to return to this page periodically to ensure familiarity with the most current version of these TOS.
Rules For Online Conduct
You agree that you are responsible for your own use of the Site and for your user postings. “User postings” include all content submitted, posted, published, or distributed on the Site by you or other users of the Site, including but not limited to all forum posts, wiki edits, notes, questions, comments, videos, and file uploads. You agree that you will use the Site in compliance with these TOS and all applicable local, state, national and international laws, rules and regulations, including copyright laws, any laws regarding the transmission of technical data exported from your country of residence, and all Delaware laws.
As a condition of your use of the CyberX Elite services, you will not use the Site in any manner intended to damage, disable, overburden or impair any CyberX Elite server or the network(s) connected to any CyberX Elite server or to interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to any CyberX Elite server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information stored on the Site, its servers or associated computers through any means not intentionally made available through the Site.
The following list of items is strictly prohibited on the Site:
- Content that infringes another’s intellectual property, including, but not limited to, copyrights or trademarks;
- Advertising or any form of commercial solicitation;
- Content related to partisan political activities;
- Content that defames, harasses, or threatens others;
- Content that discusses illegal activities with the intent to commit them;
- Profane, pornographic, obscene, indecent, or unlawful content;
- Content that contains intentionally inaccurate information or that is posted with the intent of misleading others.
- Viruses, trojan horses, worms, time bombs, corrupted files, malware, spyware, or any other similar software that may damage the operation of another’s computer or property; and
Furthermore, you agree not to scrape, or otherwise download in bulk, any Site content, including but not limited to a list or directory of users on the system, on-line textbooks, user postings or user information. You agree not to misrepresent or attempt to misrepresent your identity while using the Site.
Your Right to Use Content on This Site
Copyright on the CyberX Elite Site and all materials included in it is owned by or licensed to CyberX Elite and all rights are reserved. You must abide by all copyright notices and restrictions contained on the CyberX Elite Site. You may not copy, distribute, enter into a database, display, perform, create derivative works of, transmit, or otherwise use any materials from the CyberX Elite Site (including computer programs or other code) (“Site Materials), except that you make a reasonable number of machine-readable copies of the Site Materials only for personal, non-commercial use, and only if you do not alter the text or remove any trademark, copyright, or other notice displayed on the Site Materials. Unless otherwise expressly stated on the Site, the texts, exams, video, images and other instructional materials provided with the courses offered on this Site are for your personal use in connection with those courses only.
Certain reference documents, digital textbooks, articles and other information on the Site are used with the permission of third parties, and use of that information is subject to certain rules and conditions, which will be posted along with the information. By using this Site you agree to abide by all such rules and conditions.
User postings representations and warranties. By submitting or distributing your user postings, you affirm, represent and warrant (1) that you have the necessary rights, licenses, consents and/or permissions to reproduce and publish, the user postings and to authorize CyberX Elite and its users to reproduce, modify, publish and otherwise use and distribute your user postings in a manner consistent with the licenses granted by you below, and (2) that neither your submission of your user postings nor the exercise of the licenses granted below will infringe or violate the rights of any third party. You, and not CyberX Elite, are solely responsible for your user postings and the consequences of posting or publishing them.
License grant to CyberX Elite. By submitting or distributing your user postings, you hereby grant to CyberX Elite a worldwide, non-exclusive, transferable, assignable, sub licensable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, modify, distribute, re-distribute, relicense, and otherwise use, make available and exploit your user postings, in whole or in part, in any form and in any media formats and through any media channels (now known or hereafter developed).
License grant to CyberX Elite users. By submitting or distributing your user postings, you hereby grant to each user of the Site a non-exclusive license to access and use your user postings in connection with their use of the Site for their own personal purposes.
Use of CyberX Elite service marks. The CyberX Elite names, logos, and seals are trademarks (“Trademarks”) of the respective entities. You may not use any of these trademarks, or any variations thereof, without the owner’s prior written consent. You may not use any of these trademarks, or any variations thereof, for promotional purposes, or in any way that deliberately or inadvertently claims, suggests or, in these institutions’ sole judgment, gives the appearance or impression of a relationship with or endorsement by these institutions.
All Trademarks not owned by CyberX Elite, if any, are the property of their respective owners.
Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on the Site without the written permission of the owner of the applicable trademark.
Course and Program Fees and Payments
When you register for a program or course, you agree to pay the applicable course or program fee and any associated taxes. You consent to the receipt of an invoice or a statement of course fee, which shall be sent to you in an electronic format, to the email address that you provided upon registration. The price of courses will be reflected in United States Dollars, unless otherwise stated. If you select a part payment plan, you agree and authorize us to charge your card on the payment due date(s) for the amount(s) due.
If you fail to make payment for a course or program by the due date for payment (as agreed during registration and recorded in your invoice/statement of course fee), then we may suspend your participation in the course or program. In such cases you will not be permitted to access the course or program. At our discretion, we may permit you to resume access to the course or program, provided the outstanding payment has been paid by you before the course or program end date. You hereby acknowledge and consent to us contacting you in relation to payments due by you, by way of email, text message, telephone calls, or other means as determined by us.
If you do not pay your fees in accordance with the agreed payment terms, you will not receive your final result for your course or program, and this may impact your course or program completion.
Withdrawals and Refunds
- CyberX Elite has a fair policy in place for refunds. The refund policy as well as procedure shall be communicated to all students (both existing and prospective) clearly via our website and student contract and during a student’s pre-course or pre-program counseling. The refund policy shall be reviewed regularly to ensure it is fair and equitable to all students. Students are required to adhere to the refund policy for any request for refund.
- For a refund pertaining to withdrawal due to non-delivery of a course or program, CyberX Elite will notify students in writing in the event of any of the following:
- a) The course or program does not commence on the course or program commencement date;
- b) It terminates the course or program before the course or program commencement date;
- c) It does not complete the course or program by the course or program completion date;d) It terminates the course before the course completion date;
- e) It has not ensured that the student meets the course or program entry or matriculation requirement as set by the organization or:
- Within three working days, CyberX Elite will inform students in writing of the alternative study arrangement (if any). If a student decides to withdraw, the student will be refunded 100 percent of course fees and any miscellaneous fees paid within seven (7) working days from the day the student submits the request to withdraw.
If the student withdraws from the course or program for any reason other than those stated above, CyberX Elite will refund to the student an amount based on the following table:
|The % of the amount of fees paid under Schedules B and C of the Standard Student Contract.||If a Student’s written notice of withdrawal is received.|
|100%||More than 60 days before the Course or Program Commencement Date.|
|75%||Between 31 to 60 days before the Course or Program Commencement Date.|
|50%||Before, but not more than 30 days before the Course or Program Commencement Date.|
|25%||After, but not more than 7 days after the Course or Program Commencement Date.|
|0%||More than 7 days after the Course or Program Commencement Date.|
The amount will be refunded to the student within 7 working days from the day CyberX Elite receives the Student’s written notice of withdrawal with complete documentation as required. Application fee for courses or programs is non-refundable and non-transferable. Requests that are received after 5PM EST would be considered as submission on the next working day.
- CyberX Elite will provide the student with a cooling-off period of seven (7) working days after the date that the Contract has been signed by both the student and CyberX Elite. The Student will be refunded the highest percentage (stated in Schedule D of the Standard Student Contract) of the fees already paid if the student submits a written notice of withdrawal to CyberX Elite within the cooling-off period, regardless of whether the student has started the course or not. Application fee is non-refundable under any circumstances.
- The refund process time of 7 working days excludes the time taken for processing by the bank. All refunds will be paid directly to the student only, unless written and signed instruction is provided by the student to pay the refund to an account belonging to a person other than the student.
Disclaimers of Warranty and Limitations of Liabilities
The Site and any information, content or services made available on or through the Site are provided “as is” and “as available” without warranty of any kind (express, implied or otherwise), including, without limitation, any implied warranties of merchantability, fitness for a particular purpose and non-infringement, except insofar as any such implied warranties may not be disclaimed under applicable law.
CyberX Elite does not warrant that the Site will operate in an uninterrupted or error-free manner, that the Site is free of viruses or other harmful components, or that the courses or content provided will meet your needs or expectations. CyberX Elite also makes no warranty about the accuracy, completeness, timeliness, or quality of the Site or any courses or content, or that any particular courses or content will continue to be made available.
User postings disclaimer. You understand that when using the Site you will be exposed to user postings from a variety of sources and that neither CyberX Elite nor the CyberX Elite participants are responsible for the accuracy, usefulness, reliability or intellectual property rights of or relating to such user postings. You further understand and acknowledge that you may be exposed to user postings that are inaccurate, offensive, defamatory, indecent or objectionable and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against CyberX Elite or any of the CyberX Elite participants with respect thereto. Neither CyberX Elite nor any of the CyberX Elite participants endorse any user postings or any opinion, recommendation or advice expressed therein. Neither CyberX Elite nor any of the CyberX Elite participants have any obligation to monitor any user postings or any other user communications through the Site.
However, CyberX Elite reserves the right to review user postings and to exercise its sole discretion to edit or remove, in whole or in part, any user posting at any time and for any reason, or to allow the CyberX Elite participants to do so. Without limiting the foregoing, upon receiving notice from a user or a content owner that a user posting allegedly does not conform to these TOS, CyberX Elite may investigate the allegation and determine in its sole discretion whether to remove the user posting, which it reserves the right to do at any time and without notice.
Links to other sites. The Site may include hyperlinks to sites maintained or controlled by others. CyberX Elite and the CyberX Elite participants are not responsible for and do not routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these sites. If you decide to access linked third-party websites, you do so at your own risk.
To the fullest extent permitted by applicable law, you agree that neither CyberX Elite nor any of the CyberX Elite participants will be liable to you for any loss or damages, either actual or consequential, arising out of or relating to these terms of service, or your (or any third party’s) use of or inability to use the Site, or your placement of content on the Site, or your reliance upon information obtained from or through the Site, whether your claim is based in contract, tort, statutory or other law.
In particular, to the fullest extent permitted by applicable law, neither CyberX Elite nor any of the CyberX Elite participants will have any liability for any consequential, indirect, punitive, special, exemplary or incidental damages, whether foreseeable or unforeseeable and whether or not CyberX Elite or any of the CyberX Elite participants has been negligent or otherwise at fault (including, but not limited to, claims for defamation, errors, loss of profits, loss of data or interruption in availability of data).
You agree to defend, hold harmless, and indemnify CyberX Elite and the CyberX Elite participants, and their respective subsidiaries, affiliates, officers, faculty, students, fellows, governing board members, agents, and employees from and against any third-party claims, actions, or demands arising out of, resulting from or in any way related to your use of the Site, including any liability or expense arising from any and all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorneys’ fees, of every kind and nature. In such a case, CyberX Elite or one of the CyberX Elite participants will provide you with written notice of such claim, suit, or action.
Termination rights; discontinuation of courses and content. You agree that CyberX Elite, in its sole discretion, may terminate your use of the Site or your participation in it, for any reason or no reason, upon notice to you. It is CyberX Elite’s policy to terminate in appropriate circumstances the accounts of users of the Site who are repeat copyright infringers. CyberX Elite and the CyberX Elite participants reserve the right at any time in their sole discretion to cancel, delay, reschedule or alter the format of any course offered through CyberX Elite, or to cease providing any part or all of the Site content or related services, and you agree that neither CyberX Elite nor any of the CyberX Elite participants will have any liability to you for such an action. If you no longer desire to participate in the Site, you may terminate your participation at any time. The rights granted to you hereunder will terminate upon any termination of your right to use the Site, but the other provisions of these TOS will survive any such termination.
Waiver and severability of TOS. The failure of CyberX Elite to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. If any provision of these TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and the other provisions of these TOS shall remain in full force and effect.
This user agreement will be governed by the laws of the state of Delaware applicable to contracts made and performed there without regard to its conflicts of law principles. You agree to submit to the exclusive jurisdiction of the courts sitting in the state of Delaware and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Effective Date: November 7th, 2022
Force Majeure Events
CyberX Elite shall not be liable for any default, cancellation or delay in the performance of its obligations to provide courses and/or programs for registered students if and to the extent such default, cancellation or delay is caused, in whole or in part, directly or indirectly, by acts of terrorism, fire, flood, earthquake, pandemic, epidemic, elements of nature or acts of God, riots, civil disorders, or any other such similar cause beyond the reasonable control of CyberX Elite (collectively, “Force Majeure Event”).
In the event of a Force Majeure Event, students will be provided the option to either:
(a) Defer participation to a later iteration of the same course/program for which student was originally registered, or
(b) Receive a partial refund of course/program fees paid, prorated, based on the time remaining in the course/program through completion. Other than as provided in this paragraph, no other remedies are available to students.
SMS Terms and Conditions
Company Name – CyberX Elite
When you opt-in to the service, we will send you a message to confirm your signup. Text “CXENOW” to receive CyberX Elite. Message and data rates may apply. You will receive 4 msgs/month Text “HELP” for help. Text “STOP” to cancel.
You can cancel this service at any time. Text “STOP” to cancel. After you send the message “STOP” to us, we will send you a reply message to confirm that you have been unsubscribed.
After this, you will no longer receive messages from us. If you want to join again, just sign up as you did the first time and we will start sending messages to you again. If at any time you forget what keywords are supported, just text “HELP” for clarification. After you send the message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
Participating Tier 1 carriers: AT&T, Sprint/Boost/Virgin, T-Mobile, MetroPCS, Verizon Wireless.
T-Mobile is not liable for delayed or undelivered messages. As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.