AWS Learner Terms and Conditions

These terms and conditions (these “Terms”) govern your registration for and participation at any AWS Training and are an agreement between Amazon Web Services, Inc. (or other applicable AWS Contracting Party noted in Section 12.3) ("AWS," "we," "us," or "our") and you. You represent to us that you are authorized to enter into these Terms. Please see Section 15 for definitions of certain capitalized terms used in these Terms.

2.1 General. We grant you a limited, revocable, non-exclusive, non-sublicensable, nontransferable license to access and use AWS Training Content in accordance with these Terms.  You have no right, title or interest in or to AWS Training Content, other than the rights expressly granted in these Terms. You may not copy, modify, alter, tamper with, repair, or otherwise create derivative works of the AWS Training Content, and you may not sell, license, assign, or distribute AWS Training Content. As between AWS and you, we own and reserve all right, title, and interest (including intellectual property rights) in and to the AWS Training Content.  All licenses granted to you are conditional on your continued compliance with these Terms, and will immediately and automatically terminate if you do not comply with these Terms. Some AWS Training Content may be provided to you under a separate license, such as the Apache License, Version 2.0. If there is a conflict between these Terms and any such separate license, the separate license will prevail with respect to those materials or services. 

2.2 Access. You are responsible for all activities that occur under your Account and you will not authorize any third party to access or use your Account.  You may access and use AWS Training for educational purposes only, including to develop AWS cloud-computing proficiency and professional skills. 

2.3 Restrictions on Use. You agree to comply with the AWS Acceptable Use Policy and the AWS Responsible AI Policy, and your use of AWS Training is subject to the AWS Service Terms.  If you register for or participate in AWS Training at an AWS event, you will comply with the AWS Event Terms and Conditions.  In addition, you will not use or process AWS Training Content in a production, live, or commercial context, or for any reason other than educational training. You may not use AWS Training Content to mine for cryptocurrency, and we may suspend your right to access or use AWS Training Content if you do. AWS is under no obligation to enable the transmission of Your Materials and may, in its discretion, edit, block, refuse to post, or remove Your Materials.  We reserve the right to suspend or terminate your access to AWS Training, or use of the AWS Training Content, if you are in breach of these Terms or if we determine your use or access (a) poses a security risk or other adverse impact to our systems or those of a third party, (b) could subject us, our Affiliates, or any third party to liability, or (c) could be fraudulent. While using AWS Training, you will not use, import, input, or introduce any data, dataset, or other material that contains personal data, financial information, or any other data or materials that may be subject to laws and regulations (such as the General Data Protection Regulation or The Health Insurance Portability and Accountability Act of 1996). If you access and use a service and/or third-party models that have their own terms during your use of AWS Training, you agree to review those terms and comply with them during the AWS Training.

3.1 General. We handle your information, which includes your Training Data, in accordance with the AWS Privacy Notice. In order to protect your privacy, AWS will not ask for, and you agree not to share, your password, or other information that you consider confidential, during any interactive training session such as a hands-on lab, chat, or screen share. 

3.2 Sharing with Coordinators. If a Coordinator has arranged for you to participate in AWS Training, AWS will share your Training Data with the Coordinator to confirm that AWS has delivered the AWS Training in accordance with the terms agreed between AWS and the Coordinator, to identify additional AWS Training that might be of interest to you or the Coordinator, and as described in the AWS Privacy Notice. 

4.1 Conduct. Your safety and security are important to us.  You understand that you and your property may be subject to a reasonable search upon entry to certain in-person AWS Training, and you agree to comply with the AWS Community Codes of Conduct for any AWS Training.  

4.2 Recordings and Your Materials. If you are 18 years and older, you grant us, our Affiliates, and our independent contractors the right to record, film, photograph, and capture your voice and image in any media during Instructor-Led Trainings, including but not limited to any AWS Cloud Institute activity (the “Recordings”). You grant to AWS and its Affiliates, agents, employees, and assigns an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, reproduce, modify, distribute, and translate, for any purpose relating to our business, all or any part of the Recordings and Your Materials.  We may edit the Recordings and Your Materials, use them alone or together with other information, and allow others to use and disseminate them.  To the maximum extent permitted by law, you waive any moral rights you may have in the Recordings and Your Materials.  You represent and warrant that (a) Your Materials are true and accurate to the best of your knowledge, (b) you have the necessary rights and permissions to grant the license to AWS or a Provider in this Section 4, and (c) Your Materials do not violate or infringe any copyright, trademark, or other proprietary rights of any person or entity.

4.3 Voice and Image. If you are 18 years and older, to the extent you participate in Instructor-Led Training, you agree that we may derive information from the recordings of your voice and images of your face and retain and use all resulting information in accordance with the AWS Privacy Notice.

5.1 General. We may make available certain features, technologies, services, and trainings to you that are not yet generally available or ready for general commercial release (each, a “Beta Service”). Beta Services may contain bugs, errors, defects, or harmful components, and AWS is providing them to you “AS IS”.

5.2 Modification and Termination. You will comply with all terms related to any Beta Service as posted in the AWS Training Site or otherwise made available to you. AWS may add or modify terms, or suspend or terminate your access to or use of any Beta Service at any time.

5.3 Test Observations and Confidentiality. You may provide AWS with information relating to your use of Beta Services, including observations or suggestions regarding the performance, features, and functionality of Beta Services (“Test Observations”). AWS will own all Test Observations, which along with any other information about (including the existence of) any Beta Service, are considered AWS Confidential Information.

6.1 General Age Requirements. If you are under 18 years old, you may participate in AWS Academy, AWS Educate, AWS GetIT, or at AWS Skills Centers (a) if you are at least the minimum age below based on the country or region in which you reside, or participate in AWS Academy or AWS GetIT via anonymous log-in (described in Sections 6.2 and 6.5 below), and (b) with the involvement of a parent, guardian, or educator. 

6.2 The AWS Academy Program. The AWS Academy Program (“Academy”) is AWS Training and these Terms govern your participation in Academy (described at https://aws.amazon.com/education/awsacademy/ and its subpages), including your use of AWS Training Content, tools and websites in connection with Academy. To be eligible for Academy, you must be enrolled in Academy through an accredited educational institution that is approved by AWS.  If you are below the minimum ages in the chart in Section 6.1 above based on the country or region in which you reside, you may participate in Academy using anonymous Account log-in credentials provided by AWS or your educator. The anonymous log-in credentials do not require you to provide any personal data to access AWS Training Content for Academy.

6.3 The AWS Educate Program. The AWS Educate Program (“Educate”) is AWS Training and these Terms govern your participation in Educate (described at https://aws.amazon.com/education/awseducate/ and its subpages), including your use of AWS Training Content, tools and websites in connection with Educate.

6.4 The AWS Educate Job Board.  

6.4.1 Accessing the Job Board. If you are 18 years or older, AWS may give you access to the Job Board to review job descriptions and other information (“Job Listings”).  If you review Job Listings, you are a “Job Hunter.”  If you post Job Listings, you are a “Hiring Company.”  The Job Board provides resources for Job Hunters to gather information about jobs available at Hiring Companies.  All use of the Job Board must comply with these Terms.  The Job Board may only be used to seek or post opportunities for employment relating to cloud technology.

6.4.2 AWS and the Job Board. If you choose to make your Job Board student profile public, you agree that the information on your profile will be made publicly available to third parties, including recruiters who may independently contact you, including through the Job Board, regarding cloud-related employment opportunities. The Job Board might sort, filter, or otherwise highlight Job Listings or Job Hunters based on your profile and the relevant Job Listing.  However, except for Job Listings of roles directly employed by AWS, AWS is not an employer, employment or contracting agency, broker, joint venture, Affiliate, or representative or agent of any Hiring Company or Job Hunter.  Despite any automated filtering or sorting of Job Hunters and Job Listings, AWS makes no recommendations regarding specific Job Hunters, Job Listings, or Hiring Companies.  Except for Job Listings of roles directly employed by AWS, AWS assumes no responsibility for (a) the contents, accuracy, or completeness of any Job Listing, (b) the availability or unavailability of any jobs referenced in Job Listings, (c) any communications between Hiring Companies and Job Hunters that may result from Job Listings, (d) any employment or contracting relationship between Hiring Companies and Job Hunters that may result from Job Listings, or (e) any decisions a Hiring Company may make in regard to hiring or not hiring any Job Hunter. AWS is not responsible for safety, wages, working conditions, policies, or any other aspect of employment under any employment opportunity. All recruiting, hiring, scheduling, and compensation decisions for any Job Listing are handled directly between the Job Hunter and the Hiring Company without AWS’s involvement.

6.5 The AWS GetIT Program. The AWS GetIT Program (“GetIT”) is AWS Training and these Terms govern your participation in GetIT (described at https://aws.amazon.com/campaigns/aws-get-it/ and its subpages), including your use of AWS Training Content, tools and websites in connection with GetIT.  If you are below the minimum ages in the chart in Section 6.1 above based on the country or region in which you reside, you may participate in GetIT using anonymous Account log-in credentials provided by AWS or your educator. The anonymous log-in credentials do not require you to provide any personal data to access AWS Training Content for GetIT. 

6.6 The AWS re/Start Program. The AWS re/Start Program (“re/Start”) is AWS Training and these Terms govern your participation in re/Start (described at https://aws.amazon.com/training/restart/ and its subpages), including your use of AWS Training Content, tools and websites in connection with re/Start.

6.7 The AWS Skills Centers. AWS Skills Centers (“Skills Centers”) offer AWS Training and these Terms govern your participation in activities at Skills Centers (described at https://aws.amazon.com/training/skills-centers/ and its subpages), including your participation in Instructor-Led Training, networking events, tours, and use of interactive exhibits offered in person and virtually at Skills Centers.

Each party will be responsible for paying all applicable taxes and other governmental fees, charges, penalties, interest, and additions to such taxes that are imposed on that party upon or with respect to the transactions and payments under these Terms.  All fees payable by you are exclusive of applicable taxes and duties, including, without limitation, VAT, excise taxes, sales and transaction taxes, and gross receipts taxes (“Indirect Taxes”).  AWS may collect Indirect Taxes from you, unless you furnish AWS with a properly completed exemption certificate or a direct payment permit certificate for which AWS may claim an available exemption from Indirect Tax.

8.1 By You. You may withdraw from AWS Training at any time.  If registration fees or other fees are required for the AWS Training, cancellation instructions and the AWS refund policy will be listed on the AWS Training Site, or as provided in an agreement between AWS and the Coordinator or between AWS and you. 

8.2 By Us. We may cancel the AWS Training at any time for reasons including, availability or suitability of venue or instructors or on security, health, or safety grounds, and we may deny, limit, or cancel your AWS Training registration at any time.  We are not responsible for any damages, direct or indirect, resulting from such cancellation.  If we cancel the AWS Training or your registration and you are in compliance with these Terms, we will issue you a refund of your AWS Training registration fee in accordance with the refund policy on the AWS Training Site, or as provided in an agreement between AWS and the Coordinator or between AWS and you.

8.3 When Accessing AWS Training from a Provider. If you are provided access to AWS Training by a systems integrator, reseller, or services provider ("Provider"), AWS may cancel AWS Training in its discretion at any time, up to and including the date of the AWS Training. Remedies for such cancellation (if any) must be agreed upon separately with your Provider.

8.4 Effect of Cancellation. If you or AWS cancel your registration for the AWS Training or AWS cancels the AWS Training, Section 2, Section 3, Section 4, Section 7, Section 9, Section 10, Section 11, Section 12, and Section 13 will remain in full force and effect.

9.1  Trade Compliance. You represent and warrant that you and your Affiliates, and any of your financial institution(s) or their Affiliates used to fund any fees required for the AWS Training are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties, or owned or controlled by such a party, including but not limited to the lists maintained by the United Nations Security Council, the U.S. government (e.g., the U.S. Department of Treasury’s Specially Designated Nationals list and Foreign Sanctions Evaders list and the U.S. Department of Commerce’s Entity List), the European Union or its member states, or other applicable government authority (collectively, “Government Authorities”). You will not directly or indirectly export, re-export, transmit, or cause to be exported, re-exported or transmitted, any commodities, software or technology to any country, individual, corporation, organization, or entity to which such export, re-export, or transmission is restricted or prohibited, including any country, individual, corporation, organization, or entity under sanctions or embargoes administered by any Government Authorities.

9.2 Ethics. You certify that you have confirmed with an appropriate ethics official that there are no federal, state, local, or institutional ethics or procurement laws, regulations, or rules that restrict or prohibit your attendance at the AWS Training or would otherwise create a conflict of interest for AWS.

AWS TRAINING IS PROVIDED “AS IS.” EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, AWS AND ITS AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING AWS TRAINING OR THESE TERMS. EXCEPT TO THE EXTENT PROHIBITED BY LAW, AWS AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL CONDITIONS AND WARRANTIES, INCLUDING ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, MERCHANTABLE OR SATISFACTORY QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. 

WE AND OUR AFFILIATES AND LICENSORS WILL NOT BE LIABLE TO YOU UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR (B) LOST PROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, OR GOODWILL.  OUR AND OUR AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS WILL BE LIMITED TO REDELIVERY OF AWS TRAINING THAT GAVE RISE TO THE CLAIM. IF SUCH LIABILITY OR REMEDY IS HELD LEGALLY INVALID/INSUFFICIENT, THE AFOREMENTIONED AGGREGATE LIABILITY WILL BE LIMITED TO THE GREATER OF $100, OR THE FEES ACTUALLY PAID TO AWS FOR THE PORTION OF AWS TRAINING PROVIDED TO YOU THAT GIVE RISE TO THE LIABILITY.  THE LIMITATIONS IN THIS SECTION 12 APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

12.1 Force Majeure. We and our Affiliates will not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunication failures, earthquake, storms, or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.

12.2 Assignment; No Third-Party Beneficiaries. You will not assign or otherwise transfer these Terms or any of your rights and obligations under these Terms. Any assignment or transfer in violation of this section will be void.  We may assign these Terms without your consent (a) in connection with a merger, acquisition, or sale of all or substantially all of our assets or (b) to any Affiliate or as part of a corporate reorganization. Effective upon such assignment, the assignee is deemed substituted for AWS as a party to these Terms, and AWS is fully released from all of its obligations and duties to perform under these Terms. Subject to the foregoing, these Terms will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. These Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms.

12.3 AWS Contracting Parties

12.3.1 AWS Contracting Parties. Except as described in Section 12.3.2, the AWS Contracting Party for Education Programs is Amazon Web Services, Inc.  For Digital Training, the AWS Contracting Party is governed by your AWS Customer Agreement.  For Instructor-Led Training, the AWS Contracting Party depends on where your Training is held, as described in the Special Provisions. 

12.3.2 AWS Contracting Party for India. If you participate in AWS Training delivered from India, if your AWS Account is located in India, or if you participate in AWS Academy through an educational institution located in, or delivering from, India, your contracting party will be Amazon Web Services India Private Limited (“AWS India”), and this agreement is an agreement between you and AWS India.  All references to “AWS,” “we,” or “us” in this Agreement shall be deemed as referring to AWS India.  The address for notices to AWS India is: Amazon Web Services India Private Limited, Unit Nos. 1401 to 1421, International Trade Tower, Nehru Place, New Delhi 110019, India.

12.4 Governing Law. For Education Programs, the applicable Governing Law depends on whether your AWS Contracting Party is Amazon Web Services, Inc. or AWS India, and the Governing Laws for those two entities are described in Section 12 of the AWS Customer Agreement. For Digital Training, the applicable Governing Law is described in Section 12 of the AWS Customer Agreement. For Instructor-led Training, the applicable Governing Law depends on where your Training is held, as described in the Special Provisions. 

12.5 Disputes. Any dispute or claim related to your participation in Education Programs or Digital Training will be subject to the provisions described in Section 11.5 of the AWS Customer Agreement.  Any dispute or claim related to your participation in Instructor-led Training may also be subject to additional provisions described in the Special Provisions.

12.6 Country Specific Terms. You agree to the following modifications to these Terms for the AWS Contracting Parties described below:

12.6.1 Australia. If the applicable AWS Contracting Party for your AWS Training is Amazon Web Services Australia Pty Ltd, the parties agree as follows: 

(a) If the Training is subject to any statutory guarantees under the Australian Competition and Consumer Act 2010, then to the extent that any part of these Terms is unenforceable under such Act, you agree that a fair and reasonable remedy to you will be limited to, at our election, either: (i) supplying the Training again; or (ii) paying for the cost of having the Training supplied again.

(b) If these Terms are a “consumer contract” or “small business contract” as defined in the Australian Competition and Consumer Act 2010: 

Section 11 will not apply to the extent the applicable Losses or damages are caused by AWS’s gross negligence or criminal misconduct. For these purposes, “gross negligence” means an act or omission by an employee who has authority to bind AWS that is negligent and a willful and significant disregard of an obvious and material risk.

(c) If we modify these Terms under Section 12.7 in a way that is materially adverse to you (as reasonably determined by AWS), we will give you at least 30 days’ prior notice of the modification by email or a reasonably substitutable alternative means.

12.6.2 Japan. If the applicable AWS Contracting Party for your AWS Training is Amazon Web Services Japan G.K., the parties agree as follows: 

(a) The following sentences are added at the end of Section 11 (Limitation of Liability):

“THE DISCLAIMER OR THE DAMAGES CAP IN THIS SECTION MAY NOT BE APPLIED TO DAMAGES CAUSED BY EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT IF SUCH DISCLAIMER OR THE DAMAGES CAP ARE DEEMED AGAINST PUBLIC POLICY UNDER ARTICLE 90 OF THE CIVIL CODE.  IN THAT EVENT, THE SCOPE OF THE DISCLAIMER SHALL BE NARROWLY CONSTRUED IN SUCH MANNER AND THE DAMAGES CAP MAY BE INCREASED BY SUCH MINIMUM AMOUNT SO THAT THE DISCLAIMER OR THE DAMAGES CAP HEREUNDER WOULD NOT BE DEEMED AGAINST PUBLIC POLICY UNDER ARTICLE 90 OF THE CIVIL CODE.”

12.6.3 Türkiye. If the applicable AWS Contracting Party for your AWS Training is AWS Turkey Pazarlama Teknoloji ve Danışmanlık Hizmetleri Limited Şirketi, the parties agree as follows: 

(a) The following sentence is added at the end of Section 7 (Taxes):

“If we are required to pay any stamp tax in relation to this Agreement or any other document related to this Agreement, we may charge you and you will pay us 50% of the amounts of any stamp tax paid by us.”

12.7 Modifications to these Terms.  We may modify these Terms at any time by posting a revised version on the AWS site at https://aws.amazon.com/legal/learner-terms-conditions/. The modified terms will become effective upon posting. YOUR CONTINUED PARTICIPATION IN AWS TRAINING AFTER WE MODIFY THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. It is your responsibility to check for modifications to these Terms, and we encourage you to review these Terms regularly. We last modified these Terms on the date listed at the beginning of these Terms. 

12.8 Entire Agreement; English Language.  These Terms are the entire agreement between you and us regarding the subject matter of these Terms.  These Terms supersede all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether written or verbal, regarding the subject matter of these Terms.  If we provide a translation of the English version of these Terms, the English version of these Terms will control if there is any conflict.

“Account” means the access point for AWS Training and other AWS services that is associated with your log-in credentials (e.g., your name and email address, anonymous log-in credentials provided to you by AWS or your educator, or Account Information as defined in the AWS Customer Agreement).  It also includes other profile information you may provide as part of your registration and participation in AWS Training.

"Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with that party. 

“AWS Acceptable Use Policy” means the policy describing prohibited uses of the web services offered by AWS, including AWS Training, located at https://aws.amazon.com/aup/ (and any successor or related site designated by us), as may be updated from time to time.

“AWS Cloud Institute” means the AWS Training described at https://aws.amazon.com/training/aws-cloud-institute/ (and any successor or related site designated by us), as may be updated from time to time.

“AWS Community Codes of Conduct” means the AWS community code of conduct located at https://aws.amazon.com/codesofconduct/ (and any successor or related site designated by us), as may be updated from time to time.

"AWS Confidential Information" is defined in the AWS Customer Agreement, located at https://aws.amazon.com/agreement/ (and any successor or related site designated by us), as may be updated from time to time. 

"AWS Customer Agreement" means the terms governing your use of AWS services, located at https://aws.amazon.com/agreement/ (and any successor or related site designated by us), as may be updated from time to time. 

"AWS Event Terms and Conditions" means the terms governing your participation in an AWS event, located at https://aws.amazon.com/events/terms/ (and any successor or related site designated by us), as may be updated from time to time. 

“AWS Privacy Notice” means the privacy notice located at http://aws.amazon.com/privacy (and any successor or related site designated by us), as may be updated from time to time.

"AWS Responsible AI Policy" means the policy located at https://aws.amazon.com/machine-learning/responsible-ai/policy/ (and any successor or related site designed by us), as may be updated from time to time. 

“AWS Service Terms” means the terms that govern your use of AWS services located at https://aws.amazon.com/service-terms/ (and any successor or related site designated by us), as may be updated from time to time. 

“AWS Training Content” means any content and materials (e.g., hard copy and digital curriculum, surveys, tests, data sets, hands-on labs environments, AWS Cloud Institute materials, and capstone projects) made available by us for use in connection with AWS Training.

“AWS Training Site” means http://aws.amazon.com/training/ (and any successor or related site designated by us), as may be updated from time to time.

“AWS Training” means the programs and materials described in Section 67 of the AWS Service Terms.

“Coordinator” means a third party (e.g., your employer, a vendor coordinating for your employer, your educational institution, or similar) that arranges for you to participate in AWS Training, including, but not limited to, by paying fees or subscriptions required for your participation.

“Digital Training” means paid and free AWS Training made available to learners in a self-paced format, and governed by the terms of AWS Customer Agreement.  Digital Training does not include Education Programs (defined below), except AWS Skills Centers. 

“Education Programs” means AWS Academy, AWS Educate, AWS GetIT, AWS re/Start, AWS Skills Centers, and other programs as AWS may update from time to time.

“Instructor-Led Training” means paid and free AWS Training that AWS delivers virtually and in-person to learners in a real-time, instructor-led format, including through public and private classes.  

“Special Provisions” means the additional terms and conditions that apply to AWS Training in certain jurisdictions, which are incorporated in Section 67.2 of the AWS Service Terms and available at https://aws.amazon.com/training/jurisdictional-terms/. 

“Training Data” means information related to participation in AWS Training, including a record of attendance, the results of any test or examination, subscription status, responses to surveys, and data such as the name and email address used to register for the AWS Training. 

“Your Materials” means all materials submitted by you (including data, text, audio, video, images, software, machine images, or other materials in connection with the AWS Training) or presented by you (in electronic copy or hard copy, verbally, or otherwise).