Terms of Use

END USER LICENSE AGREEMENT (EULA)

This License Agreement (Agreement) constitutes a legal and binding contract between you and Cornell University through its School of Industrial and Labor Relations (“Cornell ILR”), containing the terms and conditions for the Licensed use of Cornell ILR product(s) and training content (“Licensed Content” or “Content”) in exchange for a fully paid License fee.

This Agreement’s terms and conditions govern your access and use of Licensed Content for the following products subject to the payment of applicable license fees: Use of YTIOnline.org (the Site) and all products and services offered through the Site, including live webinars and video rentals. By creating an account, purchasing any product, or using the Site, you agree to be bound by this EULA and our Privacy Policy.

Use of any Cornell ILR licensed content require that you carefully read and agree in full with all of the terms and conditions of this end user licensing agreement (EULA) before accessing or using the licensed products. In order to use this licensed content any individual, business entity, or foreign government entity, (defined in this agreement as the “user” or “licensee”) who has acquired, been provided or purchased any licensed content must agree in full to all of the terms of this licensing agreement, including that all purchases are final and non-refundable.

Access to or use of licensed content by the user constitutes full agreement with all of the terms of this license as specified in this agreement. This is a legal, binding and enforceable contract between the user and Cornell ILR.

The licensed content is not legal advice and should not substitute for user’s consultation with qualified legal counsel.

1. License Grant. Cornell ILR hereby grants to the Licensee a limited, non-exclusive, non-transferable, and non-sublicensable license to access the Licensed Content for educational purposes in accordance to the access rights purchased by the Licensee. Unless otherwise expressly stated at the time of purchase or in a separate written agreement, access to the Licensed Content is limited to the individual user account registered for the purchase and may not be shared with other individuals. If the Licensee is an organization or business entity purchasing access for multiple users, access is limited to the number of authorized users or licenses purchased by the Licensee.

   You may not cause or permit any other person to reproduce, download, disseminate, disassemble, decompile, reverse engineer, translate, sell, manufacture, sublicense, distribute, transfer, modify, or adapt creative derivative works from the Licensed Content. Payment in full is made when the agreement box is checked and payment is processed by credit card or purchase card, unless Cornell ILR approves invoicing. Payments are non-refundable for the term of this License Agreement.

   The terms of this Agreement are as follows:

   1. Content: All materials provided through the Site, including live webinar presentations, recorded training videos, handouts, slides, and related educational materials.
   2. Live Webinar: Real-time online training sessions conducted by YTI faculty and staff at scheduled times.
   3. On-Demand Training: A paid, time-limited right to stream specific recorded Content.
   4. Rental Period: Fourteen (14) consecutive calendar days beginning on the calendar date of your rental purchase and ending at 11:59:59 PM Eastern Time on day 14, unless otherwise stated at the time of purchase.
   5. Access Period: The duration of access to Licensed Content is determined by the product purchased or the terms presented at the time of purchase, registration, or enrollment. Different products or services may provide different access periods and usage rights.
   6. Group or Organizational Use: Any rights permitting group viewing, enterprise-wide access, public presentation, internal redistribution, or broader organizational use must be expressly authorized by Cornell ILR in writing. No such rights are implied by this Agreement.
2. Ownership. Cornell ILR is and remains the exclusive owner of all right, title, and interest (including copyright, patent, trade secret and other proprietary rights) in and to the Licensed Content. Nothing in this Agreement will be construed as granting you any title or interest in or to the Licensed Content. You agree not to contest the validity of Cornell ILR’s rights or to perform any act adverse to Cornell ILR’s rights.
3. User Information and Passwords. You will be asked to provide certain information to gain access to the Licensed Content. You agree that the information you provide is true, accurate and complete and that you will not register under a name of, or attempt to enter or use the Licensed Content under a name or ID that is not your own. You agree that it is your responsibility to maintain your access to the Licensed Content and keep your password and other information you provide confidential. You agree to immediately notify Cornell ILR if there is any known or suspected unauthorized use of your password or the Licensed Content.
4. Confidentiality. Any information or materials provided by Cornell ILR to you, including, without limitation, the Licensed Content, will be considered confidential and proprietary information (“Confidential Information”). You agree to protect the Confidential Information from unauthorized use or disclosure and agree not to disclose to any third party such Confidential Information except as expressly permitted under this Agreement. Information will not be considered Confidential Information if it (a) is or becomes publicly known without your fault, breach of contract or negligence, or (b) is lawfully disclosed to you by a third party who is not subject to any duty of confidentiality.
5. No Warrenty; Limitation of Liability. The licensed content is provided without warranty of any kind, express or implied, including any implied warranties of non-infringement, merchantability or fitness for a particular purpose, and any warranties arising from a course of dealing, usage, or trade practice. Cornell ILR will not be responsible to you or your entity for any special, indirect, incidental, consequential or punitive damages of any kind, including without limitation, lost profits or other monetary loss, arising out of performance of services or failure to perform or due to the failure or poor performance under this agreement, whether or not any such failures or causes are within cornell ilr’s or your control or due to negligence or other fault of the party, its agents, affiliates, employees or other representatives.
6. Termination. Cornell ILR may terminate your access to and use of the Licensed Content at any time if Cornell ILR believes, in its sole judgment, you or your employees or representatives or agents have violated this Agreement. Cornell ILR may terminate your access to Licensed Content for convenience, with or without cause, and issue a prorated refund of the License Fee(s). Upon termination of this Agreement, your limited license to use the Licensed Content will automatically terminate and you must destroy any copy you have of the Licensed Content or any of its components. Sections 2-6 of this Agreement will survive the termination or expiration of the Agreement.
7. Government End Users. If the User is acquiring the Licensed Content on behalf of any unit or agency of the United States Government, then the terms of this licensing agreement are acknowledged by Cornell ILR and shall comply with the FAR clause at 12.212(a) and be consistent with Federal law as specified in the FAR regulations. If the User is a United States Government entity and Cornell ILR believes that the User is in violation of any of the provisions of this Agreement, then Cornell ILR will submit a claim with the relevant contracting officer and seek remedy in accordance with the FAR or other relevant governmental provisions governing such disputes. Cornell ILR and any User who is a government agency agree that all disputes shall be resolved in accordance with FAR 52.233.1 and FAR 12.302(b) or other applicable United States governmental regulations pertaining to contractual disputes.
8. General Provisions. Cornell ILR is not liable for any loss, damage, delay or failure to perform in whole or in part resulting from causes beyond its control, including, but not limited to, fires, floods, tornadoes, earthquakes, strikes, delays in transportation, pandemics, epidemics, or the requirements or restrictions of any university or governmental authority. Together with all contractual terms and conditions, this Agreement constitutes the entire agreement between you and Cornell ILR and may be amended by Cornell ILR by posting changes or additions to the EULA. Cornell ILR may assign this Agreement at its discretion.
9. Controlling Law and Severability. This License shall be governed by and construed in accordance with the laws of the United States and the State of New York, as applied to agreements entered into and to be performed entirely within New York, unless the User is a United States Government entity in which case the current controlling law will be in accordance with the regulations and laws of that United States Government entity.

Any claim arising from or related to this Agreement must be brought in state or federal courts located in New York.

PRIVACY STATEMENT

This CORNELL UNIVERSITY (CORNELL ILR) Privacy Statement provides information about CORNELL ILR’s online information gathering and dissemination practices. Individual pages on CORNELL ILR websites may provide additional information.

If you are in the European Union, please also review Cornell ILR’s Supplementary Privacy Provisions for Persons in the European Union. CORNELL ILR’s processing of personal data requires you submit or disclose to CORNELL ILR (or to a third party that transfers it to CORNELL ILR for processing) while you are in the European Union, Switzerland, or any other jurisdiction that has enacted similar privacy laws.

We encourage you to periodically review this Privacy Statement, as well as any information linked from this Privacy Statement, because we may update it from time to time.

Information CORNELL ILR Collects from Users and How We Use it

CORNELL ILR collects information actively provided by Users. We may also collect information about the computers, mobile devices, or other devices you use to access CORNELL ILR’s websites and technology network, such as IP address, unique device identifiers, browser types, browser languages, web pages visited, network software access, referring web pages, date, time, and duration of activity, passwords, and accounts accessed, volume of data storage and transfers, and locations of User devices when connected to CORNELL ILR’s websites and technology network. Logs of this information may be retained. We may contract with non-CORNELL ILR service providers to help us better understand Users.

CORNELL ILR uses information collected to provide services, in support of CORNELL ILR’s Mission, to protect the security of CORNELL ILR’s technology network, to support academic integrity, and to provide safety and security services to Users, as well as to monitor, preserve, and enhance the use, functioning, and integrity of CORNELL ILR’s technology network. CORNELL ILR may also use information collected from you for analysis and statistical purposes consistent with CORNELL ILR’s Mission. CORNELL ILR may also use information collected from you to market CORNELL ILR's products and services.

Cookies

Cookies are small files that are stored on your computing devices. We use cookies to understand and save your preferences for future visits and compile aggregate data about network traffic and network interaction so that we can offer better network experiences and tools in the future. Cookies may be set by organizations other than CORNELL ILR. Because the cookie policies of these third-party service providers may change over time, you should review their policies by visiting their privacy policies directly. Users may disable cookies through their individual browser options. However, if you do not accept cookies, you may not be able to use some portions of our websites or technology network.

The following describes the types of cookies CORNELL ILR uses on our websites:

• Required or Strictly Necessary Cookies. These cookies are essential for our websites to operate correctly and to provide you with requested services. For example, we use cookies to authenticate you, so when you log on to CORNELL ILR websites, we know who you are.
• Functionality Cookies. We use functionality cookies to enhance website features, such as videos and live chat, and for personalization, such as storing your preferences (e.g. username and language selection). Functionality cookies may be set by CORNELL ILR or by third parties whose services we have added to our websites. If you do not allow these cookies, you may not be able to use some portions of our websites or technology network, and some website may not work properly.
• Social Media Cookies. Social media cookies may be set by third parties such as YouTube and Facebook to collect information about your social media usage.
• Analytics Cookies. Analytics cookies collect information about your use of our websites and technology network, and help us improve the way it works. For example, analytics cookies identify the most frequently visited pages, record any difficulties you have, and show whether our advertising is effective. This allows us to see the overall patterns of usage, rather than the usage of a single person. We use the information to analyze the websites' traffic.
• Targeting/Advertising Cookies. We use targeting/advertising cookies to create profiles and personalize content. We may use third party products, such as Google Analytics, to market CORNELL ILR’s services to you on third party websites. For example, if you visit CORNELL ILR websites, you may then see advertisements for CORNELL ILR on other websites.
  You can learn more about cookies and their functions generally by visiting an information website such as allaboutcookies.org.
• Do Not Track Signals. Some web browsers have a "Do Not Track" (DNT) feature that tells websites that users do not want to have their online activity tracked.

Alternatives to Website Transactions

If you prefer not to provide information to CORNELL ILR through our websites or technology network, you may contact the CORNELL ILR administrative unit responsible for the service to learn about available options.

Disclosure of Information

CORNELL ILR does not disclose confidential information we collect online to individuals or entities not affiliated with CORNELL ILR, except in the limited circumstances described below. Non-confidential information may be disclosed or distributed pursuant to federal laws, state laws, or university policies. These laws and policies explain what information may be shared or disclosed. They also explain what information is protected as confidential.

Court Order or Public Safety. CORNELL ILR may be required to disclose confidential information pursuant to a valid court order or lawfully issued and served subpoena, search warrant, or other legal order. In addition, CORNELL ILR may disclose confidential information to law enforcement if CORNELL ILR believes that disclosure is necessary to protect CORNELL ILR, to protect the health or safety of individuals, or if law enforcement believes that CORNELL ILR’s resources have been used in the commission of a crime.

Contractors. CORNELL ILR may contract with non-CORNELL ILR service providers to provide services and information through CORNELL ILR’s websites and technology network. CORNELL ILR may provide information, including personal information collected on our technology network; to non-CORNELL ILR service providers to assist CORNELL ILR deliver classes, programs, products, information, and services. CORNELL ILR also contracts with non-CORNELL ILR service providers to perform analysis, research, and administrative activities for CORNELL ILR. CORNELL ILR requires non-CORNELL ILR service providers to protect personal information on our behalf.

Security

CORNELL ILR takes steps to ensure that confidential information collected online is secure. These steps include: ongoing User education; using tools in an effort to restrict unauthorized access, viruses, phishing, and hacking attempts; and monitoring activity to identify potential system threats. CORNELL ILR routinely assesses and enhances tools and processes available to strengthen our online security.

Contact Information

If you believe CORNELL ILR has not adhered to this Privacy Statement, please contact CORNELL ILR’s privacy contact at: DH Goodall, Manager of Learning Innovation at dhgoodall@cornell.edu. CORNELL ILR will use reasonable efforts to address your concerns; although there may be circumstances where we cannot assist.

Changes

We will publish on our website any changes we make to this Privacy Statement.

Supplemental CORNELL ILR Privacy Provisions for Persons in the European Union

Applicability and Definitions

These Supplemental Privacy Provisions for Persons in the European Union (EU Privacy Provisions) are provided pursuant to Regulation (EU) 2016/679 (“Regulation on the protection of natural persons with regard to the processing of personal data and on the free movement of such data”) (the GDPR), effective May 25, 2018.

These EU Privacy Provisions supplement Cornell’s Privacy Statement and should be read together with CORNELL ILR’s Privacy Statement. These EU Privacy Provisions are intended to be consistent with the GDPR principles of privacy, fairness, lawfulness, transparency, purpose limitation, accuracy, storage limitation, integrity, and accountability. For more information regarding the GDPR and these principles, the full text of the GDPR is available here. Terms in these EU Privacy Provisions are used consistent with their definitions in the GDPR.

These EU Privacy Provisions apply to you only if and to the extent CORNELL ILR is Processing your EU Personal Data, where the Processing is related to CORNELL ILR offering goods or services to you, or CORNELL ILR is monitoring your behavior in the EU (e.g., through online course proctoring, or location tracking).

Personal Data means any information, recorded in any form, relating to you that can identify you, directly or indirectly, such as your name, date of birth, addresses (including email addresses), identification numbers, location data, online identifiers, or factors specific to your physical, physiological, genetic, mental, economic, cultural, or social identity.

EU Personal Data means Personal Data you submit or disclose to CORNELL ILR (or to a third party that transfers it to CORNELL ILR for Processing) while you are in the European Union or another jurisdiction that has adopted the GDPR or regulations substantially similar to the GDPR, such as Switzerland (EU).

Processing (and Process) includes collecting, recording, organizing, storing, transferring, sharing, disclosing, erasing, or destroying your EU Personal Data, whether or not via CORNELL ILR’s technology network.

CORNELL ILR may Process your EU Personal Data in accordance with these EU Privacy Provisions, Cornell’s Privacy Statement, or required by law. If you do not agree with these EU Privacy Provisions, please do not provide any EU Personal Data to CORNELL ILR. If you choose not to provide any EU Personal Data that is necessary for CORNELL ILR to provide you with specific products or services, CORNELL ILR may not be able to provide those products or services to you.

Use of Your EU Personal Data. CORNELL ILR may use your EU Personal Data to respond to your questions, provide you specific Licensed Content, services, products, programs and/or services you select, satisfy our contractual obligations to you, send you updates and information regarding CORNELL ILR, send you email messages about maintenance or updates of CORNELL ILR’s technology network, and to support of CORNELL ILR’s alumni relations and fundraising. We may also: archive your EU Personal Data; use it for research and analytics purposes; use it for future communications with you; use it to establish, exercise, and defend legal claims; use it for reasons of substantial public interest, including archiving purposes; use it for historical, scientific, research, or statistical purposes, subject to appropriate safeguards; and use it for the legitimate interests of CORNELL ILR or any third party to whom CORNELL ILR discloses your EU Personal Data, if your fundamental rights and freedoms do not override those interests.

Lawfulness of Processing. CORNELL ILR’s Processing of your EU Personal Data for the interdependent purposes set out in these EU Privacy Provisions is necessary for one or more of the following:

• Pursuing CORNELL ILR’s legitimate interests
• Carrying out a task in the public interest
• Exercising CORNELL’s official authority as a constitutionally created institution governed by its establishment, a body corporate of the sovereign State of NEW YORK, in the United States of America
• Performing a contract with you, or to take steps at your request prior to contracting with you
• Protecting your vital interests or the interests of another person
• Complying with CORNELL ILR’s legal obligations

Specific Guidance

In addition to the information provided above, this Section provides additional information regarding how CORNELL ILR Processes your EU Personal Data in specific situations.

Online. If you license content or programs while in the EU on or through CORNELL ILR’s technology network, we will collect from you certain content. We also collect transactional data.

Identity Verification. CORNELL ILR may require or offer you the ability to verify your identity before we provide certain services (such as resetting passwords, or releasing certain information), or for selected classes and programs. To verify your identity, CORNELL ILR may require you to provide EU Personal Data, such as your name, address, date of birth, a headshot taken using a webcam, a photo identification document, and a sample of your typing patterns. We use the Personal Data we collect for verifying your identity, and for authenticating that submissions made on CORNELL ILR's technology network were made by you.

Sponsors or Entities. CORNELL ILR may share your EU Personal Data with your employer, government programs, institutions, or other enterprises that involve licensed content or training or other educational purposes. If an entity pays for or otherwise sponsors your course or program participation, CORNELL ILR will share information with the entity as needed to confirm your enrollment, participation, progress, and completion status in or for the subject content.

Research. As a Tier 1 Research University, the conduct of research is a fundamental part of CORNELL ILR’s mission. Terms and conditions of CORNELL ILR research projects are negotiated before acceptance to ensure the ability to comply, including with the GDPR.

CORNELL ILR may use your EU Personal Data for research, analytics, and statistical purposes, but no EU Personal Data that can identify you will be published in connection with research or for statistical purposes.

CORNELL ILR Service Providers. CORNELL ILR may contract with non-CORNELL ILR service providers, vendors, and contractors (Contractors) to assist CORNELL ILR in providing services. These Contractors may have access to and may collect or otherwise Process your EU Personal Data as necessary to perform the services for CORNELL ILR. These Contractors, for example, may provide CORNELL ILR with network, website, platform, server, technology, services, course and program content and delivery, and administrative and student-related services, such as those related to providing Access to your EU Personal Data by these Contractors is limited to the information reasonably necessary to perform their contracted functions. CORNELL ILR requires Contractors to protect Personal Data on our behalf. We do not permit third parties to sell Personal Data we have shared with them.