User Agreement

1 Introduction

1.1 Contract

The Website is owned and operated by Outcert Ltd. (“Outcert”). Our Services are offered subject to your acceptance – without modification – of all of the terms and conditions contained in this User Agreement, as well as the acceptance of all other operating rules, policies, procedures, and updates that will be periodically published by Outcert on this website.

You agree that by clicking “Sign Up” or registering with any of the Social Media buttons at the registration page and accessing our services (as described below), you are consenting to enter into a legally binding contract with Outcert.

If you do not agree to this contract (“Contract” or “User Agreement”), then do not click “Sign Up”, do not register using Social Media buttons at our Sign-Up page, and refrain from accessing or otherwise using any of our Services.

You may terminate this contract at any time by closing your account and refrain from accessing or using our Services.

Services This Contract applies to outcert.com, the Outcert-branded apps, communications. These also include the offsite collection of data for those Services, such as our ads or landing pages, and other services that state that they are offered under this Contract (“Services”).

Registered users of our Services are considered “Members” whereas unregistered users are “Visitors”. This Contract applies to both Members and Visitors.

Outcert You are entering into this Contract with Outcert Ltd. (also referred to as “outcert”, “we” and “us”). Outcert will be the controller of your personal data provided to, or collected by or for, or processed in connection with our Services.

The collection, use, and the sharing of visitors’ and members’ personal data is subject to our Privacy Policy, Cookies Policy, and their respective updates.

1.2 Members and Visitors

When you register and join the Outcert Service, you become a “Member”. If you have chosen not to register for our Services, you may access certain features as a “Visitor.”

 

The purpose of the outcert.com Website is to create a Technology Education platform that supports the professional learning ecosystem for professionals and students, throughout their career track.  

  1. a) Registration/Sign-Up

Content published on Outcert is accessible by all visitors. However, certain Outcert features and services may require registration. Users may register (“sign-up”) on-site or via LinkedIn, Facebook, or Google.

Users who sign-up online by entering their personal information will be sent an activation email. They will be required to confirm their registration by clicking on an activation link; Users who sign-up online by clicking on a Social Media button (LinkedIn, Facebook, or Google) are instantly activated.

Active user accounts have the capability to purchase at the outcert store, to write reviews, and download eBooks.

Upon registration, users are required to provide us with the following information:

  1. First name and last name
  2. Email address
  3. Mobile number (optional)
  4. Date of Birth
  5. Country

If you Sign Up with one of the Social Media buttons at the registration page, you will be providing us with all of the above information by default and can choose to share your Mobile number with us.

Outcert reserves the right to reject any registration request at its sole discretion.

Each Account is personal and non-transferable. Your rights and obligations to Outcert are also non-transferable. You are fully responsible for all activities that occur under this Account and any other actions taken in connection with this Account.

You must immediately notify Outcert at info@outcert.com regarding any unauthorized uses of your Account or any other breaches of security. Outcert will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

  1. b) Posting Content

In order to submit a product review or comment at a blog article, you consent to follow our terms as described here which are part of our User Agreement and Privacy Policy. You understand and consent that we retain all rights not to publish your article if we determine at our sole discretion that it does not fulfill Outcert’s requirements and standards.

You can see our Privacy Policy for more information regarding what information we collect from you and how we use it.

1.3 Change

We may modify this Contract, our Privacy Policy and our Cookies Policy from time to time. If we make material changes to it, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. If you object to any changes, you may close your account. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms.

Outcert reserves the right to assign to third parties any rights, licenses, and/or obligations arising out of or relating to these terms without restriction. You may not transfer or assign any of its rights, or delegate any of its duties, under this contract, either in whole or in part (including by merger or operation of law), without the prior written consent of Outcert.  

Outcert may also, in the future offer new services and/or features through the Website. Such new features and/or services shall be subject to the terms of the User Agreement.

2 Obligations

2.1 Service Eligibility

The Services are not for use by anyone under the age of 16. To use the Services, you agree that: (1) you must be the “Minimum Age” (described below) or older; (2) you will only have one Outcert account, which must be in your real name; and (3) you are not already restricted by Outcert from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 16. “Minimum Age” means 16 years old. However, if law requires that you must be older in order for Outcert to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.

2.2 Your Account

A member account (“Account”) is the area in our Website, which is accessible via a password and contains personal information regarding the user. If you create an Account on the Website, you are responsible for maintaining the security of your Account and fully responsible for all activities that occur under the Account and any other actions taken in connection with the Account.

You must immediately notify Outcert at info@outcert.com of any unauthorized uses of your Account or any other breaches of security.

Outcert will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. Registration of a user requires the user to provide a valid email address for the communication between Outcert and the user along with a valid name.

2.3 Payment

Access to and registration on the Website are free. We do require payment however from users for purchases made at the Outcert Store.

We use PayPal as a third-party payment processor (the “Payment Processor”) to charge users for purchases made at the Outcert Store. The processing of payments shall be subject to the terms, conditions and privacy policies of the Payment Processor in addition to our terms of this User Agreement. We are not responsible for error or delays by the Payment Processor. By making a purchase, you agree to pay us, through the Payment Processor, all charges at the prices stated for the applicable purchase plan. The Payment Processor may collect your credit card information as well as other personal information to process the payment. You may find out more about the Payment Processor’s Terms of Use and privacy policy here.

Users are obligated to pay any taxes, charges, and VAT in accordance with applicable legislation.

2.4 Notices and Messages

You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.

2.5 Sharing

Our Services allow messaging and sharing of information in many ways, such as your profile, links to news articles, and blogs. Information and content that you share or post may be seen by other Members, Visitors or others (including off of the Services).

Where we have made settings available, we will honor the choices you make about who can see content or information (e.g., restricting your profile visibility from search engines). We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.

3. Rights and Limits

3.1 Service Availability

We may change or discontinue any of our Services. We don’t promise to store or keep showing any information and content that you’ve posted.

Outcert is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

3.2 Other Content, Sites, and Apps

Outcert cannot review all of the material posted on the Website in its entirety and cannot, therefore, be responsible for that material’s content, use of effects. By operating the Website, Outcert does not represent or imply that it endorses the material posted there, or that it believes such material to be accurate, useful or non-harmful.

You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content.

The Website may contain content that is offensive, indecent or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Outcert disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

We have not reviewed, and cannot review, all of the material made available through the websites and web pages to which outcert.com links, and that link to outcert.com. Outcert does not have any control over those third party websites or web pages and is not responsible for their contents or their use. By linking to a non-outcert website or web page, Outcert does not represent or imply that it endorses such websites or web pages.

3.3 Limits

Outcert reserves the right to limit your use of the Services, including the number of your Bookmarks (the Organizations, Certifications, and Technology Areas that you follow). Outcert reserves the right to restrict, suspend, or terminate your account if Outcert believes that you may be in breach of this Contract or law or are misusing the Services  

3.4 Intellectual Property Rights

The User Agreement do not transfer from Outcert to you any Outcert or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Outcert.  Outcert, the Outcert logo, and all other trademarks, service marks, graphics and logos used in connection with the Website are trademarks of Outcert or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Outcert or third-party trademarks.

3.5 Automated Processing

We will use the information and data that you provide and that we have about Members to make recommendations for connections, content and features that may be useful to you. For example, we use data and information about you to recommend professional certifications and related training to you. Keeping your profile accurate and up-to-date helps us to make these recommendations more accurate and relevant.

4. Disclaimer and Limit of Liability

4.1 No Warranty

TO THE EXTENT ALLOWED UNDER LAW, OUTCERT AND ITS AFFILIATES (AND THOSE THAT OUTCERT WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NON-INFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.

SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

4.2 Exclusion of Liability

TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS OUTCERT HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), OUTCERT AND ITS AFFILIATES (AND THOSE THAT OUTCERT WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT).

IN NO EVENT SHALL THE LIABILITY OF OUTCERT AND ITS AFFILIATES (AND THOSE THAT OUTCERT WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, THE SUM OF US $1000.

THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND OUTCERT AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF OUTCERT OR ITS AFFILIATES HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.

5. Termination

Outcert may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Account (if you have one), you may simply discontinue using the Website or email us at info@outcert.com with a request to cancel your Account. Notwithstanding the foregoing, Outcert can terminate your Account if you materially breach the User Agreement and fail to cure within thirty (30) days from Outcert’s notice to you thereof; provided that, Outcert can terminate the Website immediately as part of a general shut down of our Services. All provisions of the User Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

6. Governing Law and Dispute Resolution

The country of the user and/or the country of the member with whom he or she is dealing with may have applicable laws in regard to their transactions with other users that may be independent of the agreements made with Outcert in the User Agreement. The validity and interpretation of the User Agreement shall be governed by the laws of the state of Israel, without regard to Israel’s choice of law principles.

Any dispute arising under this Agreement shall be resolved by arbitration by a single Arbitrator in Israel in accordance with the then-current rules of the Israel Arbitration Law.  In the event that any party fails to submit any dispute arising from this agreement to mediation first, or fails to meaningfully participate in mediation, that party will not be entitled to attorney’s fees as provided in this paragraph. Any judgment upon the award entered by the arbitrator may be entered in any Court having jurisdiction. Costs of arbitration, including reasonable attorney’s fees incurred in arbitration as determined by the Arbitrator, together with any reasonable attorney’s fees incurred by prevailing party in Court enforcement of the arbitration award after it is rendered by the Arbitrator, shall be paid to the prevailing party by the party designated by the Arbitrator or Court.

7. General Terms

This Agreement constitutes the entire agreement between Outcert and you concerning the subject matter hereof.

If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract.

To the extent allowed by law, the English language version of this Contract is binding and other translations are for convenience only. This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.

If we don’t act to enforce a breach of this Contract, that does not mean that Outcert has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent.

You agree that the only way to provide us legal notice is at the addresses provided in Section 11 (How To Contact Us).

8. Outcert “Dos and Don’ts”

8.1 Dos

You agree that you will:

  1. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
  2. Provide accurate information to us and keep it updated;
  3. Use your real name on your profile; and
  4. Use the Services in a professional manner.

8.2 Don’ts

You agree that you will not:

  1. Create a false identity on Outcert, misrepresent your identity, create a Member profile for anyone other than yourself (a real person), or use or attempt to use another’s account;
  2. Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;
  3. Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views);
  4. Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of Outcert;
  5. Disclose information that you do not have the consent to disclose (such as confidential information of others – including your employer);
  6. Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license;
  7. Violate the intellectual property or other rights of Outcert, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the word “Outcert” or our logos in any business name, email, or URL except as provided in the Brand Guidelines.
  8. Post anything that contains software viruses, worms, or any other harmful code;
  9. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
  10. Imply or state that you are affiliated with or endorsed by Outcert without our express consent  
  11. Rent, lease, loan, trade, sell/resell or otherwise monetize the Services or related data or access to the same, without Outcert’s consent;
  12. Deep-link to our Services for any purpose other than to promote your profile or a Group on our Services, without Outcert’s consent;
  13. Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
  14. Monitor the Services’ availability, performance or functionality for any competitive purpose;
  15. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
  16. Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);
  17. Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
  18. Violate the Professional Community Policies or any additional terms concerning a specific Service that are provided when you sign up for or start using such Service.

As a result of the provision of our Services to you, and whether due to any intentional or negligent act or omission, we may disclose to you or you may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business (“Information”).

You hereby agree and acknowledge that any and all of our information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use our Information only for the specific purposes as allowed in the User Agreement.

Any disclosure of our Information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of the User Agreement.

Furthermore, you acknowledge that our information is proprietary, confidential and extremely valuable to us and that we would be materially damaged by your disclosure of our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation and that we shall be entitled to injunctive relief.

As Outcert asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Outcert violates your copyright, you are encouraged to notify Outcert. Outcert will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Outcert will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Outcert or others.

9. Complaints Regarding Content

We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. We provide a policy and process for complaints concerning content posted by our Members.

10. Indemnification

You agree to indemnify and hold Outcert harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of the Agreements or any one of them; (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the Outcert Service; and (4) your violation of any law or the rights of a third party.

11. How To Contact Us

If you have any questions concerning the Outcert Service or the Agreements, please contact Outcert Customer Service at support@outcert.com

Contracting entity:

 

Outcert Ltd

Attn: Legal Dept. (Privacy Policy and User Agreement)

30 Herzl Street, Suite 15148

Rishon LeZion 75050 Israel