1. Background. The Site is intended to provide informational platform regarding professional certifications and education in various technology-related areas
2. Modification. We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective ten (10) days following posting of the revised Terms on the Site, and your continued use of the Site thereafter means that you accept those changes.
3. Ability to Accept Terms. The Site is only intended for individuals aged sixteen (16) years or older. If you are under 16 years, please do not visit or use the Site. If you are between 16 and 18 years of age, then you must review these Terms with your parent or guardian before visiting or using the Site to make sure that you and your parent or guardian understand these Terms and agree to them.
4. Site Access. For such time as these Terms are in effect, we hereby grant you permission to visit and use the Site provided that you comply with these Terms and applicable law.
5. Restrictions. You shall not: (i) copy, distribute or modify any part of the Site without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined below), except as expressly authorized herein; (iii) disrupt servers or networks connected to the Site; (iv) use or launch any automated system (including without limitation, “robots” and “spiders”) to access the Site; and/or (v) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site.
6. Account. In order to use some of the services of the Site, you may have to create an account (“Account”). You agree not to create an Account for anyone else or use the account of another without their permission. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify Outcert immediately of any breach of security or unauthorized use of your Account. As between you and Outcert, you are solely responsible and liable for the activity that occurs in connection with your Account. If you wish to delete your Account, you may send an email request to Outcert at firstname.lastname@example.org.
7. No Payments to Outcert. Your general right to access and use the Site is for free.
8. Intellectual Property Rights.
8.1. Content and Marks. The (i) content on the Site, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services but excluding Third Party Content (as defined below) (collectively, the “Content”) and (iii) the trademarks, service marks and logos contained therein (“Marks”), are the property of Outcert and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “Outcert”, the Outcert logo, and other marks are Marks of Outcert or its affiliates. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Site and the Content.
8.2. Use of Content. Content on the Site is provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein.
9. Third Party Content.
9.1. The Site enables you to view, access, link to, and use content from Third Party Sources (defined below) that are not owned or controlled by us (“Third Party Content”). The Site may also enable you to communicate and interact with Third Party Sources “Third Party Source(s)” means: (i) third party websites and services; and (ii) our partners pages on the Site.
9.2. We are not responsible for, and we expressly disclaim all warranties regarding, the accuracy, appropriateness, usefulness or Intellectual Property Rights (defined below) of, or relating to, any Third-Party Content.
9.3. We do not endorse any advertising, promotions, campaigns, products, services or other materials that is included in any Third-Party Content or that is communicated to you from a Third-Party Source.
9.4. You always have the choice of deciding whether or not to interact with a Third-Party Source or to view and use Third Party Content. Your interaction with a Third-Party Source and your use of, and reliance upon, any Third-Party Content is at your sole discretion and risk.
9.5. You are solely responsible and liable for your interaction with a Third-Party Source. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Outcert, and release Outcert from any and all liability, arising from your use of any Third-Party Content and from your interaction with any Third-Party Source. If you have any query or complaint regarding a Third-Party Source or any Third-Party Content, you agree to contact the Third-Party Source directly.
10. Information Description. We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Site is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
11.2. Outcert permits you to link to the Site provided that: (i) you link to but do not replicate any page on this Site; (ii) the hyperlink text shall accurately describe the Content as it appears on the Site; (iii) you shall not misrepresent your relationship with Outcert or present any false information about Outcert and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent; (iv) you shall not link from a website (“Third Party Website”) which prohibits linking to third parties; (v) such Third party Website does not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or (vi) you, and your website, comply with these Terms and applicable law.
13. Copyright Policy. It is our policy to respect the legitimate rights of copyright and other intellectual property owners, and we will respond to clear notices of alleged copyright infringement in accordance with our Copyright and Content Policy which may be viewed at: http://outcert.com/trademarks.html (“Copyright Notice”).
14. Warranty Disclaimers.
14.1. This section applies whether or not the services provided under the Site are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
14.2. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. OUTCERT HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. OUTCERT DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT OUTCERT WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE BY A THIRD PARTY, INCLUDING THIRD PARTY’S CONTENT AND DISCLAIMS ALL LIABILITY FOR ANY SUCH CONTENT, PRODUCT OR SERVICES.
14.3. YOUR RELIANCE ON, OR USE OF, ANY CONTENT ON SITE INCLUDING THIRD PARTY’S CONTENT OR INTERACTION WITH ANY THIRD-PARTY SOURCES, IS AT YOUR SOLE RISK. IF YOU HAVE A DISPUTE WITH ANY THIRD-PARTY SOURCES IN CONNECTION WITH THE SITE OR ANY THIRD PARTY’S CONTENT, YOU AGREE THAT OUTCERT IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. OUTCERT RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
15. Limitation of Liability.
15.1. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, OUTCERT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF OUTCERT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
15.2. IN NO EVENT, SHALL THE AGGREGATE LIABILITY OF OUTCERT FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE EXCEED 10$.
16. Indemnity. You agree to defend, indemnify and hold harmless Outcert and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the Site; (ii) your interaction with any Third-Party Source; or (iii) your violation of these Terms.
17. Term and Termination. These Terms are effective until terminated by Outcert or you. Outcert, in its sole discretion, has the right to terminate these Terms and/or your access to the Site, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). Outcert shall not be liable to you or any third party for termination of the Site, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site. Upon termination of these Terms, you shall cease all use of the Site. This Section ý16 and Sections 8 (Intellectual Property Rights), , ý12(Privacy), ý13 (Warranty Disclaimers), 14 (Limitation of Liability), ý15 (Indemnity), and ý17(Independent Contractors) to 19 (General) shall survive termination of these Terms.
18. Independent Contractors. You and Outcert are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Outcert. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of Outcert.
19. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Outcert without restriction or notification to you.
20. General. Outcert reserves the right to discontinue or modify any aspect of the Site at any time. These Terms and the relationship between you and Outcert shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its principles of conflict of laws. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel-Aviv, Israel and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that Outcert may seek injunctive relief in any court of competent jurisdiction. These Terms shall constitute the entire agreement between you and Outcert concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Last updated: November 29, 2017