Terms and Conditions
This Website and all functions, content and services related thereto are operated and maintained by Firefly US Holdings, Inc (“Firefly”), a corporation organized under the laws of the State of Delaware, with its principle address at 3100 West Ray Road, Suite 201, Chandler, AZ 85226, at the URL www.firefly.cloud (collectively, the “Site”). The Site is for use solely by individuals and employees of approved companies who are authorized by Firefly to use it. By accepting these Terms & Conditions of Use and/or visiting or using the Site, you agree to be bound by all of the terms and conditions contained herein (the “Terms”). If you do not wish to be bound by these Terms, you are not authorized to use the Site. By accessing and using Firefly Evaluate, Adopt, or Excel products you agree that you have read, understand, and agree to these terms. You also agree to review this document periodically to be aware of potential changes to the agreement that Firefly US Holdings Inc may make at any time. Your continued use of this site will assume your conclusive acceptance of this or any future modified agreement.
1. GRANT OF LICENSE / SINGLE USER SUBSCRIPTION / FIREFLY STUDENT
You may not copy, reproduce, reverse engineer, translate, port, modify or make derivative works of the Products without the express consent of Firefly. You may not rent, disclose, publish, sell, assign, lease, sublicense, market, distribute, or transfer the Products or use them in any manner not expressly authorized by this Agreement without the express consent of Firefly. You shall not derive or attempt to derive the source code, source files or structure of all or any portion of the Products by reverse engineering, disassembly, decompilation or any other means. You do not receive any, and Firefly retains all exclusive ownership rights, title, and interests in the Products, including, but not limited to ownership rights in all copyrights, trademarks, service marks, or trade secrets. The Products are copyrighted and may not be copied, distributed, or reproduced in any form, in whole or in part even if modified or merged with other Products. The use of third-party applications to capture or record data streams is recognized as a method of reproduction prohibited by this agreement. You shall not alter or remove any copyright notice or proprietary notice, or legend contained in or on the Products. You shall take all reasonable steps and precautions to ensure that your use of the Products is in strict compliance with this License Agreement. Upon your discovery and/or the request of Firefly, you agree to promptly remedy any violation of this License Agreement and to provide Firefly with sufficient evidence that you are in compliance with this License Agreement.
2. TERMINATION OF LICENSE
Once any applicable subscription period has concluded, the license granted by this Agreement shall immediately terminate and you shall have no further right to access, review or use in any manner any Firefly content. Firefly reserves the right to terminate your subscription if, at its sole discretion, Firefly believes you are in violation of this License Agreement. Upon the occurrence of any of these termination events, no refund will be made of any amounts previously paid to Firefly.
The Company reserves the right, in its sole discretion, to terminate your access to and use of the Website or any part hereof, and to remove and discard any material posted by you hereon, for any reason whatsoever, including, without limitation, for lack of use or if the Company believes that you have violated or acted inconsistently with the letter or spirit of this Agreement; provided, however, that the Company will have no liability or responsibility for the performance or nonperformance of such activities. The Company may also, in its sole discretion and at any time, discontinue operation of the Website, or any part hereof. Any such termination may be affected without any prior notice. Upon any such termination, the Company may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Website generally. Further, the Company shall not be liable to you or any third-party for any termination of your access to the Website.
3. PROPRIETARY MATERIALS
(a) The Site contains copyrighted material, trademarks, and other proprietary and confidential information of Firefly and others (collectively “Proprietary Material”), including, but not limited to, video, text, software, photos, graphics, image, music, and sound. You agree not to modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material. Copyrighted materials may only be accessed through the Site, and not from any other unauthorized site.
(b) The entire Site is: Copyright Firefly US Holdings Inc. All Rights Reserved. Complying with all applicable copyright laws is the responsibility of the user. Except as otherwise expressly permitted by these Terms, or as permitted under copyright law, no posting, copying, transmission, retransmission, distribution, redistribution, publication, republication, decompilation, disassembling, reverse engineering, or otherwise reproducing, storing, transmitting, modifying, or commercially exploiting any Proprietary Material in any form or by any means, for any purpose, is permitted without the express written permission of Firefly.
(c) All Firefly marks and logos are service marks and trademarks of Firefly US Holdings Inc. Other trademarks, service marks and logos which may be used in the Site are the trademarks, service marks, or logos of their respective owners. Third party content and software required by or made available by or through this Site is the property of its respective owner and use is subject to the license or terms provided by such owner. Hypertext links may be provided only for your convenience and do not and should not be viewed as suggesting any association with or endorsement of or by such linked sites.
4. LIMITED WARRANTY
(b) Firefly 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.
(c) Firefly shall not be liable for any loss or injury arising out of or caused, in whole or in part, by any negligent acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating, or delivering information contained in the Site.
(d) Firefly has no control over the content of Websites that may be linked to the Site through hypertext links (“Linked Sites”), and is not responsible for their content, software, or privacy practices. The Linked Sites are provided for your convenience only and you access them at your own risk.
Our Product includes significant elements (e.g., organization, algorithms, logic) that we maintain as confidential information; it is a trade secret of and proprietary to us, our suppliers, or licensors, including the specific internal design and structure of individual programs and associated interface information. You must maintain our Product in confidence and prevent disclosure of its confidential aspects. Our Product is protected by US, EU, and international patent, copyright, or other laws and treaties.
6. LIMITATIONS ON LIABILITY, REMEDIES, AND INDEMNIFICATION
(a) Firefly IS NOT AND SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM THE USE OR INABILITY TO USE THE SITE. THIS DISCLAIMER OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
(b) In no event shall Firefly be liable for any indirect, special, incidental, punitive, or consequential damages, including lost profits, arising out of the use or performance of the Site, even if Firefly has been advised of the possibility of such damages.
(c) In the event of any breach of the terms of the Agreement, Firefly reserves the right to seek and recover damages for such breach, including but not limited to damages for copyright infringement, trademark infringement and for unauthorized use of Firefly content Definitions. Firefly also reserves the right to seek and obtain injunctive relief in addition to all other remedies at law or in equity.
(d) You agree to indemnify and hold Firefly, partners, or subsidiary organizations, officers, agents, and employees harmless from any claim, loss, demand, or damage, including reasonable attorneys’ fees, asserted by any third party resulting from your breach of any provision of these Terms, your negligent or wrongful acts, and/or your violation of any applicable laws.
7. MODIFICATION OF AGREEMENT OR SERVICE
(a) Firefly has the right to modify these Terms in any manner and at any time, without notice or liability. Any modification is effective immediately upon posting on the Site. Your continued use of the Site following any modification of these Terms means you accept and agree to such modification(s). You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of Firefly in providing the Site, is to cease use of the Site.
(b) Firefly may at any time, without notice or liability, change or eliminate any content or feature of the Site, or restrict the use of any portion of the Site, including limiting the time of its availability, the amount of use permitted, or the persons who are permitted to use it. Your only right with respect to any dissatisfaction with any service-related change or elimination is to cease use of the Website.
8. FEES, REFUNDS, CANCELLATIONS, & OTHER CONSIDERATIONS
Subscriptions automatically renew at the end of the subscription period unless canceled by the Subscriber before the end of the current subscription period. Subscription may be canceled at any time. The cancellation will take effect the day after the last day of the current subscription period. No refunds will be processed for the subscription. Firefly may change the subscription price from time to time. The subscriber will be notified of any price changes at least 30 days prior to the change becoming effective. Price changes for subscriptions will take effect at the start of the next subscription period following the date of the price change. Subscriber agrees to accept the new price by continuing to subscribe.
If you are dissatisfied for any reason with your subscription, your sole right and exclusive remedy is to terminate your subscription within 17 days from the purchase date for a full refund. All merchandise received by the user must be returned complete with proof of purchase in the form of an invoice or receipt. Training cannot be canceled after this initial 17-day period has passed. If the subscriber has enrolled in, been confirmed for, or attended any portion of a live class delivery, the training license cannot be canceled or refunded in any way.
- The subscription is for a single user and is non-transferrable. If it is found that a subscriber’s license is being shared, license will immediately be terminated without any refund.
- The start date of the annual license is the date online credentials are created and emailed to the subscriber.
- Subscribers either who do not respond in writing within seven (7) days of receipt of credentials for accessing the site or who have booked a class indicates the subscriber has read and accepted all terms and conditions associated with this subscription.
- Subscribers of Firefly Passport may only have one registered and confirmed seat in a virtual-live Passport class at any given time. If subscriber chooses to repeat a class, subscriber will have access to courseware from the first delivery of the class. The repeat class will be a lecture audit only. If subscriber wishes to participate in the lab portion of class, subscriber can do so for an additional fee. Subscriber is required to reach out to their Firefly Account Manager or email@example.com to request the lab portion of class at least 5 days prior to the start date to ensure lab availability.
- Subscribers of Firefly Adoption Services may be registered for multiple sessions at any given time as long as the sessions occur prior to the end of Subscription.
- Subscription must not expire prior to event or start date for which the subscription period is active. Subscriber must have a paid, active subscription for any event or class prior to registration and start of the class.
- Subscribers of Firefly Passport who are registered for a class and fail to attend or do not cancel their registration within 17 days prior to the class start date will only be allowed to register for classes for the remainder of their subscription by waitlist only.
- Firefly may terminate the subscription and these Terms if unable to renew the subscription based on inaccurate or outdated credit card information. If your account becomes past due to the point of collections, all promotions or discounts given at the time of sale will be retracted and you will be responsible for paying the MSRP price upon resolution of collections.
- Access to the Site or any partner site containing Firefly content that you access under this license is granted only upon payment of the subscription fees.
(b) Boot Camp Style Training (both in-person and virtual)
Payment in full or an approved company purchase order is required prior to registration.
If you are unable to attend your scheduled training class, please call 1-877-797-2799 or email firstname.lastname@example.org.
For Firefly Delivered Training
In order to receive a refund for prepayment, you must cancel or reschedule your registration 17 or more calendar days before the start date of your scheduled class. Failure to provide the required notification will result in full charge of the course. If a student does not attend a scheduled course without the required prior notification, the funds will be forfeited, and rescheduling will not be allowed. Within the required notification period, only student substitutions will be permitted. Rescheduling is permitted at any time with 17 or more calendar days’ notice. Enrollments must be rescheduled within six months of the cancel date or funds on account will be forfeited.
For Partner Delivered Trainings
In order to receive a refund for prepayment, you must cancel or reschedule your registration 30 or more calendar days before the start date of your scheduled class. Failure to provide the required notification will result in full charge of the course. If a student does not attend a scheduled course without the required prior notification, the funds will be forfeited, and rescheduling will not be allowed. Within the required notification period, only student substitutions will be permitted. Rescheduling is permitted at any time with 30 or more calendar days’ notice.
9. DATA PROTECTION
Firefly and you shall comply with the provisions of applicable data protection laws. Firefly takes the protection of your personal data very seriously and strictly abides by the data protection laws that apply to it. Firefly collects, processes and uses your data for the implementation and processing of the contractual relationship with you. Your data will not be shared with third-party advertisers without your prior consent. Non-personal or anonymous data may be collected automatically to improve functionality and your experience with our Product, in particular, to facilitate and improve the provision of software updates, Support, Content, and other services.
(a) Failure by Firefly to enforce any provision(s) of these Terms shall not be construed as a waiver of any provision or right.
(b) These Terms, and all other aspects of your use of the Site, shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of laws rules. No action of any kind or nature arising out of these Terms, or out of any use of the Site, may be brought by either Firefly or you more than one year after the date on which the cause of action first arises. You agree to submit to the exclusive jurisdiction of the state and federal courts sitting in Maricopa County, State of Arizona, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce any claim arising under these Terms, the prevailing party will be entitled to costs and attorneys’ fees.
(c) These Terms constitute the entire agreement between you and Firefly with respect to the Site and supersedes all prior agreements or understandings between you and Firefly with respect thereto. Updated July 2021