Welcome to Pluralsight One! Our mission is to democratize technology skills. For nonprofits, educators and the communities they support, Pluralsight One creates freedom, equality and opportunity by helping them develop the technology skills needed to build better lives and a better future for us all. Pluralsight One is Pluralsight’s social enterprise.
3. SITE ACCESS AND ACCOUNT REGISTRATION
In order to take advantage of Pluralsight One’s products, nonprofit organizations will need to (i) confirm their nonprofit status via Techsoup.com’s validation process and (ii) meet the eligibility requirements set forth by Pluralsight One. In addition to TechSoup’s NGO validation criteria for each jurisdiction, Pluralsight One’s eligibility requirements include, but are not limited to, registration as a 501(c)(3) organization (or the international equivalent) in good standing, and espousing a mission designed to benefit the local community such as providing relief to those experiencing poverty, improving social welfare, preserving culture, preserving or restoring the environment, promoting human rights, youth development, or the establishment of civil society. Techsoup.com’s NGO validation criteria for each jurisdiction is available here: https://www.techsoup.global/techsoup-local-ngo-definitions. Pluralsight One and Pluralsight are not responsible for the outcome of Techsoup.com’s validation process. Upon validation by Techsoup.com, you will be provided with a validation token that will permit access to the Pluralsight One product offerings, at which point your eligibility will be evaluated by Pluralsight One. K-12 educational institutions, with the exception of those in sanctioned countries as set forth below, may apply for validation by submitting their organization name and product use case to [email protected]. Access to Pluralsight One’s products will be considered on a case-by-case basis.
With regard to your username, password, any other piece of information you provide to us as part of our security procedures (collectively, “Account Information”), you agree to treat such Account Information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Account Information is personal to you, and you agree not to provide any other person with access to the Site using your Account Information. You agree to notify us immediately ([email protected]) of any unauthorized access to or use of your Account Information or any other breach of security that you become aware of. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your Account Information or other personal information.
Except as provided herein, you may not transfer your Account Information to any other person and you may not use anyone else’s Account Information or account at any time, including any entity or individual not approved by Pluralsight One. In cases where you have nevertheless authorized or registered another person to use your account or Plan, or where you have acted negligently in safeguarding your Account Information as set forth above, you agree you are fully responsible for (i) the acts and omissions of such person accessing the Site with your Account Information, (ii) controlling the person’s access to and use of the Site, and (iii) the consequences of any use or misuse by such person.
4. PLURALSIGHT ONE SUBSCRIPTION PLANS
(a) Plan Scope. The scope, features, and price of your access to the Site is determined by the Pluralsight One plan that you register for, purchase, order, renew, or change into (each, a “Plan”) (e.g., Elevate, Amplify or Limited Library Plan). To review the scope, features, and price associated with Pluralsight One’s Plans, please visit https://www.pluralsightone.org/product/nonprofit (the “Plans Page”).
For purposes herein, “License Fee” means the per seat fee as set forth on the Plans Page, as applicable. We reserve the right to increase or decrease any License Fee at any time; however, to the extent you have paid your License Fee in advance, the increase or decrease will not become effective for your Plan until the end of your current subscription term or your next renewal.
(b) Payment Method.
(i) You may edit your payment method information by visiting our website and clicking on the “Account” link, available at the top of the pages of the Pluralsight website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your payment method information or cancel your account (see Cancellation Policy in Section 10(b) below), you remain responsible for any uncollected amounts and authorize us to continue billing the payment method, as it may be updated. This may result in a change to your payment billing dates. We may update your payment method with information provided by the applicable payment service provider, and you authorize us to continue to charge the applicable License Fee to the updated payment method. Check with your payment method service provider for more details.
(ii) When you select or purchase a Plan or otherwise provide or add any form of payment method on your account, your bank may reserve the funds necessary or place a small authorization hold until the transaction processes or the authorization hold expires, but this is not the actual charge. The authorization will be removed from your account according to the policies of your bank; and as such, to remove an authorization, please contact your bank to clarify how long they hold authorizations for online orders.
(iii) Depending on where you transact with us, the type of payment method used, and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices because of exchange rates. We do not support all payment methods, currencies, or locations for payment. If your payment method fails, or if your account is past due, we may collect fees owed using other collection mechanisms—this may include charging other payment methods on file with us or retaining collection agencies and legal counsel, the fees and cost of which you hereby agree to pay. Notwithstanding anything to the contrary, your obligation to pay fees continues through the end of your applicable subscription term and regardless of whether you cancel your Plan during such term.
4.1 PLAN LICENSE
(b) Individual PS One Subscriptions. The PS One License allows a specific number of your employees or beneficiaries to register as Pluralsight users (each, a “PS One User”) and receive access to the Site by way of your PS One License. Each PS One User must be designated by the entity purchasing the PS One License or by such entity’s designated Plan Manager, after which each PS One User will be provisioned unique Account Information to register for a Pluralsight account and receive access to use the Site through an individual subscription (an “Individual PS One Subscription”). Each Individual PS One Subscription is to be used solely by the named PS One User and for the internal purposes of the entity provisioning the PS One License, except as provided below in subsection (f). Each Individual PS One Subscription may not be shared amongst PS One Users nor may it be shared amongst multiple employees, affiliate employees, contractors, agents, or other individuals.
(c) PS One License Fee. Pluralsight’s grant of the PS One License is expressly conditioned on timely payment of the then-applicable annual license fee in advance for all Individual PS One Subscriptions on or added to your Plan in the amount and on the billing frequency set forth during Checkout or in a Sales Order (individually, and collectively, the “PS One License Fee”) or as agreed in the Product Agreement.
(i) Payment by Debit or Credit Cards, PayPal®, or Third Parties. By registering for, subscribing to, or purchasing a Plan and providing billing information during Checkout or otherwise, you grant us and our authorized third-party payment processor(s) the right to process payment for your PS One License Fee via the debit card, credit card, PayPal® account, third-party payment provider, or reseller you provide, authorize, or maintain on your Plan account.
(ii) Payment by Invoice. If you choose to be invoiced during Checkout (or choose to have a third-party payment provider or reseller be invoiced on your behalf) rather than using a PS One payment method, your PS One License Fee will be billed as of the effective date of the subscription start date set forth during Checkout or a Sales Order. You hereby agree that the PS One License Fee is due as of the date of any Pluralsight invoice, payable within thirty (30) days of said date.
(iii) Automatic PS One Renewal. Unless otherwise set forth in Checkout or a Sales Order, YOU UNDERSTAND AND AGREE THAT AT THE END OF EACH APPLICABLE PS ONE TERM WE WILL AUTOMATICALLY RENEW YOUR PLAN (INCLUDING ALL INDIVIDUAL PS ONE SUBSCRIPTIONS ON YOUR PLAN) FOR THE SAME LENGTH OF TERM AND PROCESS YOUR PS ONE PAYMENT METHOD OR INVOICE FOR PAYMENT OF THE APPLICABLE PS ONE LICENSE FEE FOR THE RENEWAL PS ONE TERM AT THE THEN-APPLICABLE PRICE FOR A PLAN. Plans granted via a Product Agreement may be renewed pursuant to the terms set forth in the Product Agreement.
(iv) Suspension Because of Nonpayment. If payment is not received within the required time period, or if we are unable to renew your Plan based on inaccurate or outdated payment method information, we may suspend your access to the Site (including all of your PS One Users’ access) until payment is received. In the event we suspend your PS One Plan because of nonpayment, no additional time will be added to the then-applicable PS One Term.
(d) Additional Subscriptions. As a Plan subscription holder, you or your Plan Manager may purchase additional Individual PS One Subscriptions during the Initial PS One Term or any Renewal PS One Term, as applicable. The PS One Users’ access to the Site by way of the new subscriptions is conditioned upon timely payment of the applicable PS One License Fee for each Individual PS One Subscription added, which will be prorated for the number of days remaining in your then-current PS One Term and paid by your payment method on file (or invoice), as selected during Checkout. In the event that adding additional Individual PS One subscriptions moves you to a new discount tier, the new discount rate will not be applied until the Renewal PS One Term. Additional subscriptions may also be added by amendment to the Product Agreement, if applicable.
(e) Designation of PS One Users. As a PS One Plan subscription holder (depending on your Plan), you may designate one or more of your employees to act as plan manager(s) (each, a “Plan Manager”) with regard to your Plan. Any Plan Manager you authorize will have the ability to purchase Individual PS One Subscriptions and assign and authorize them to your PS One Users via the Site’s Plan administrative functionalities.
(g) Pluralsight and Customer Marks. Either Party may use the logo and name of the other Party for the purpose of identifying you as a Customer of Pluralsight One or identifying Pluralsight One and Pluralsight as a provider of services to Customer.
4.2 NONPROFIT PARTNERSHIP PLAN
5. PROPRIETARY MATERIALS
(e) Third-Party Marks. Other trademarks, service marks, and logos used throughout the Site are the trademarks, service marks, or logos of their respective owners and may not be used without permission from the rights owners.
(f) Violation of Copyright or Intellectual Property Laws. We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our sole discretion, remove or disable access to any materials on the Site that we believe (or are notified) may infringe on the rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement or otherwise infringes on your intellectual property rights, please report it to us promptly by way of the procedures that we maintain at http://www.pluralsight.com/copyright-procedure.
6. MOBILE AND OTHER DEVICES
If you use a mobile device or Pluralsight-provided mobile application to access the Site, the following additional terms and conditions (“Mobile Terms”) also apply:
(a) You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Site. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status, and details.
(b) You understand that wireless service may not be available in all areas at all times and may be affected by product, software, coverage, or service changes made by your service provider or otherwise. Additional terms and conditions may apply to your use of our mobile applications based on the type of mobile device that you use.
7. USER CONTENT AND FEEDBACK
(a) Interactive Features. The Site from time to time may provide you with the ability to upload, post, submit, publish, or transmit to other users or persons (hereinafter, “post”) via online forums, chat capabilities, user discussion groups, blogs, online profiles, or other online forums (“Interactive Features”). These features may not be available to individuals with Limited Library Plans.
(b) User Content. The Interactive Features are intended to provide you and other users with valuable resources on selected topics. Some, if not most, of the content found on such Interactive Features is provided by third-party users, and not us (such content, “User Content”). The third-party user (including you, if applicable) is solely responsible for the User Content and for complying with applicable laws relating thereto.
(i) All User Content you submit to the Interactive Features (including for inclusion on the Site) or that is otherwise made available to Pluralsight will be considered non-confidential and non-proprietary, and by so doing, you hereby grant us and our affiliates and service providers, and each other and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
(ii) To the extent that you provide any User Content, you represent and warrant that (a) you have all necessary rights, licenses and/or clearances to provide such User Content as provided above, (b) such User Content is accurate and reasonably complete, (c) as between you and Pluralsight, you are responsible for the payment of third-party fees, if any, related to the provision and use of such User Content, (d) such User Content does not and will not infringe or misappropriate any third- party rights or constitute a fraudulent statement or misrepresentation or unfair business practices, and (e) you agree to comply with all applicable rules regarding online conduct and acceptable content we may post on the Site or Interactive Features from time to time, including those set forth in Section 8 below.
(c) Feedback. We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Site (“Feedback”). You acknowledge and agree that any and all Feedback provided by way of the Site or otherwise will be the sole and exclusive property of Pluralsight, and you hereby irrevocably assign to Pluralsight and agree to irrevocably assign to Pluralsight all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist Pluralsight to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
(d) Monitoring and Enforcement. We have the right to:
(i) remove or refuse to post any User Content or Feedback for any or no reason in our sole discretion;
(iii) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
(iv) take appropriate legal action, including without limitation referral to law enforcement for any illegal or unauthorized use of the Site; and
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any User Content, Feedback, or materials on or through the Site. YOU WAIVE AND HOLD HARMLESS US AND OUR AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US, SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.
Notwithstanding anything to the contrary, we have no obligation to review any User Content, Feedback, or materials before they are posted on the Site, and we cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, and we have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.
8. PLURALSIGHT “DOs” and “DON’Ts”
You acknowledge and agree that the Site contains content and materials that are viewable through online streaming methods and they are not to be downloaded by you (or your PS One Users), except under the limited circumstances and for the limited times as permitted by your Plan. In addition, you agree to adhere and abide to the following DOs and DON’Ts.
(a) DOs (User Obligations). You acknowledge and agree that you (and your PS One Users) will:
Comply with all applicable federal, state, local, or international law or regulations (including without limitation any laws regarding copyright, intellectual property, privacy and personal identity, or the export of data or software to and from the U.S. or other countries);
Provide true and accurate information to us and keep it updated;
Use the Interactive Features in a respectful manner; and
Exit from your account at the end of each session or use of the Site.
(b) DON’Ts (Prohibited Conduct). You acknowledge and agree that you (and your PS One Users), will not:
reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, capture, download, save, upload, print, or otherwise transfer or retain information or content available on the Site other than with regard to Authorized Downloadable Materials, subject to the limited permissions set forth herein;
manually or systematically harvest, scrape, collect or otherwise extract information or data contained on the Site, other than permitted use of Authorized Downloadable Materials or temporary storage of video materials for offline viewing (if permitted by your Plan).
permit or provide others access to the Site using your Account Information or otherwise, or the Account Information of another authorized user;
impersonate or attempt to impersonate Pluralsight, a Pluralsight employee, another user, or any other person or entity (including without limitation by using e-mail addresses or Account Information associated with any of the foregoing) or provide incorrect or knowingly false information;
remove or modify any copyright, trademark, legal notices, or other proprietary notations from the Proprietary Materials or any other content available on the Site;
violate or attempt to violate the Site’s security mechanisms, attempt to gain unauthorized access to the Site or assist others to do so, or otherwise breach the security of the Site or corrupt the Site in any way;
co-brand or frame the Site or establish a link in such a way as to suggest any form or association, approval, or endorsement on our part, without the prior express written permission of an authorized representative of Pluralsight;
use any portion of the Site to aid in transmitting, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, or “spam” or any other similar solicitation;
post to the Interactive Features or any other portion of the Site any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory, or libelous content;
use the Site or its contents (including User Content) to recruit, solicit, or contact in any form other users or potential users for employment or contracting for a business not affiliated with us without the prior express written permission of an authorized representative of Pluralsight;
use or attempt to use the Site to store or transmit software viruses, worms, time bombs, Trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability; and/or
use the Site in any manner that could disable, overburden, damage, or impair the Site, interfere with any other party’s use of the Site (including their ability to engage in real time activities through the Site), or otherwise attempt to interfere with the proper working of the Site.
(d) Geographic Restrictions. The Site and its features are subject to United States export controls. Site content or materials may only be downloaded or exported into (or to a resident of) Cuba, Sudan, North Korea, Iran, Syria, the Crimea region of the Ukraine, or any other country subject to an applicable embargo or other trade restriction by any government regulatory agency having jurisdiction pursuant to the terms of an agreement entered into by Pluralsight One and an non-governmental organization authorized to conduct business in the embargoed or sanctioned country. Site content or materials may not be downloaded or exported by or to any person or entity on the United States Treasury Department’s list of Specially Designated Nationals (SDN) or the United States Commerce Department’s Consolidated Screening List (CSL). By accessing or using the Site, you represent and warrant that you are not on any such list. Although the Site may be accessible worldwide, we make no representation that the Site is appropriate or available for use in locations outside the United States, and accessing them from territories where its contents or materials are illegal, is prohibited. Those who choose to access the Site from other locations do so at their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Site is void where prohibited.
9. REPRESENTATION, WARRANTIES, AND COVENANTS
(a) Your Representations and Warranties. You represent and warrant that:
(ii) You are over the age of 13 as all portions of the Site are not intended for children under 13. If you are under 13 years of age, you may not register for an account or otherwise use the Site;
(iii) You are solely responsible for all service, telephony, data charges, and other fees and costs associated with your access to and use of the Site, including without limitation maintaining all internet, browser software and extensions, computer hardware, telephone, and other equipment required for such access.
(d) Reliance and Functionality. Pluralsight does not warrant that the content or functions of the Site will meet your requirements or that the operation of the Site will be uninterrupted or error free. The content and materials presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from or related to any reliance placed on such materials by you, your PS One Users, or any other visitor to the Site, or by anyone who may be informed of any of its contents. The Site (including without limitation our blogs and Interactive Features) may include content provided by third parties, including materials provided by other users, bloggers, or third-party licensors, syndicators, aggregators, and reporting services. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Pluralsight, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Pluralsight. We are not responsible or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
(e) Availability of Site. You recognize that the traffic of data through the Internet may cause delays during your use of or access to the Site, and accordingly, you agree not to hold us liable for delays that are ordinary in the course of Internet use. You further acknowledge and accept that the Site may not be available on a continual 24-hour basis due to such delays, delays caused by our upgrading, modification, or standard maintenance of the Site, or any other delays outside of our control.
(f) Third-party services, links, SSO, OAuth, etc. If any portion of the Site contains services (e.g., discussion forums), links, resources, or materials provided by third parties, including without limitation URL links, discussion forum engines, single-sign on services (SSO), OAuth resources (e.g., Facebook, GitHub, LinkedIn, etc.), or capabilities to share to social media websites, these are provided for your convenience only. This may include links contained on courses or in advertisements, including banner advertisements and sponsored links on the Site. We have no control over the contents, software, or privacy practices of these third-party services, links, resources, or materials, and accept no responsibility for them or for any loss or damage that may arise from your use of them—if you access or use them, you do so entirely at your own risk.
10. TERMINATION; CANCELLATION POLICY
(b) Plan Termination.
(c) Current Pluralsight customers may seek validation into Pluralsight One upon expiration of their current Pluralsight plan.
(d) You acknowledge and agree that Pluralsight One and Pluralsight may retain and store your information on Pluralsight’s systems for archival purposes notwithstanding any termination or cancellation of your account or Plan.
(b) Indemnification Procedure. You agree to cooperate as fully as reasonably required in the defense of any Claims, including asserting any available defenses. We reserve the right, at our own expense, to assume the exclusive defense and control of any Claims or matter otherwise subject to indemnification by you and you may not in any event settle any Claims without our prior written consent.
12. NO WARRANTY; LIMITATIONS ON LIABILITY
(a) No Warranty. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED. NEITHER PLURALSIGHT NOR ANY PERSON OR ENTITY ASSOCIATED WITH PLURALSIGHT MAKES ANY PROMISE, WARRANTY, OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER PLURALSIGHT NOR ANY PERSON OR ENTITY ASSOCIATED WITH PLURALSIGHT PROMISES, REPRESENTS OR WARRANTS THAT THE SITE OR CONTENT OBTAINED THROUGH THE SITE OR ANY PORTION THEREOF WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ITS CONTENT OR MATERIALS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. PLURALSIGHT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
13. ADDITIONAL TERMS
(a) Pluralsight Professional Services. If you engage or utilize any of Pluralsight’s professional services (“Professional Services”), the Professional Services are governed exclusively by the Pluralsight Professional Services Terms and Conditions located at http://www.pluralsight.com/terms/professional-services-terms (“Professional Services Terms”).
(b) Pluralsight LIVE (User Conference Event). In the event you purchase or are granted a ticket to Pluralsight’s user conference (known as “Pluralsight LIVE”), you agree that your attendance is governed exclusively by the Pluralsight Live: General Terms and Conditions located at http://www.pluralsight.com/terms/pluralsight-live-terms (“Pluralsight LIVE Terms”).
14. CHANGES TO TERMS OR THE SITE
Notwithstanding anything to the contrary, your continued use of the Site and any other Pluralsight-provided services will be deemed your conclusive acceptance of all such changed or modified terms and conditions.
(b) Changes to the Site. Pluralsight may at any time, without notice or liability, change or eliminate any content or feature of the Site or any portion thereof, or restrict the use of any portion of the Site. Your only right with respect to any dissatisfaction with any service-related change or elimination is to cease use of the Site. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any reason.
182 North Union Avenue Farmington, Utah 84025 Attn: Legal Counsel
All other feedback, comments, requests for technical support, or other communications relating to the Site should be directed to the Pluralsight support team by emailing [email protected]