3. Third-Party Websites. This Website may contain links to third-party websites that are not owned or controlled by Company. Company has no control over, and assumes no responsibility for, the content, terms and conditions, privacy policies or practices of any third-party websites. Company cannot censor or edit the contents of any third-party website. You hereby release Company from all liability arising from your access to or use of any third-party website.
4. Accounts.To access some of the features of the Website, you will have to create an account. You may never share your account with another person nor use the account of another person. When creating your account, you must provide complete and accurate information to Company. You are solely responsible for the activity that occurs on your account and the security of your account information and password. You are solely responsible for promptly notifying Company of any changes to your registration or account information and for keeping your account information up to date. You agree to notify Company immediately of any breach of security or unauthorized use of your account.
5. Purchases. When you make a purchase, you agree to pay to Company the then-current fee applicable to the type of purchase you selected. You understand and agree that the fee is non-refundable and that the courses and/or vouchers are non-transferable. The features associated with each purchase are provided in section 7 below.
6. Payments. Payment will be processed through a payment gateway provided by Stripe.com and secured by a Secured Sockets Layer (SSL) communication protocol.
7. Purchases on Website.
- Course Purchases. Course purchases are valid from the date of purchase for 1 year. Course purchases are non-refundable unless cancelled in writing within fourteen (14) days after purchase, provided, however, that you have not accessed the course.
- Course Vouchers. Course vouchers may be made available for purchase from time to time and are valid for use on courses listed in the catalog of courses on the site at the time of the promotion less any noted exclusions. Vouchers are valid until applied towards courses that are available for voucher purchase. Courses offered on the site change regularly and new courses may or may not be available for purchase using vouchers. Course voucher fees are non-refundable unless cancelled in writing within fourteen (14) days after purchase, provided, however, that you have not accessed the course. To find out which courses may be purchased with a voucher, contact email@example.com.
- Bundled Vouchers. Course vouches may be sold in bundles and made available for purchase from time to time and are valid for use for courses listed in the catalog of courses on the site at that time of the promotion less any noted exclusions. Vouchers are valid until applied towards courses that are available for voucher purchase. Courses offered on the site change regularly and new courses may or may not be available for purchase using vouchers. Course voucher fees are non-refundable unless cancelled in writing within fourteen (14) days after purchase, provided, however, that you have not accessed the course. To find out which courses may be purchased with a voucher, contact firstname.lastname@example.org.
- Course Materials. Course materials are not available for purchase separately from the course.
- Other Sale Items. Company may offer other items for sale on the Website at any time. Company may change the price of any items at any time.
- Satisfaction Guaranteed. If, for any reason, you are not completely satisfied with your purchase you may request a refund within the first 14 days of your purchase, provided, however, that you have not accessed the course. If you request a refund, the Company will determine how much of the course was completed in accordance with these provisions to determine whether fees are refundable.
- Processing Time. Approved refunds under the stipulations in document above will be processed within 90 days from the date they are approved.
- Exam Vouchers. Exam vouchers are available for purchase to all members. Exam vouchers are also available bundled with courses. Exam vouchers are non-refundable once purchased. Exam vouchers are nontransferable.
8. Use of the Website. You understand and agree that your access to and use of the Website is subject to the following terms:
- You agree not to copy or distribute the Website in any medium, form or format, now known or later developed, in whole or in part, without the Company’s prior written authorization including, but not limited to, Courses offered by TraCert and Course modules.
- You agree not to alter, modify, or reverse engineer any part of the Website, including, without limitation, software programs and applications provided through the Website.
- You agree not to sell access to the Website.
- You agree not to provide unauthorized access to the Website and the Company Content (as defined below).
- You agree not to access or attempt to access any portion of the Website to which you have not been granted access, including, the private account information of other users of the Website.
- You agree not to use or launch any automated system, including, without limitation, “robots,” “spiders” or “offline readers” that access the Website in a manner that sends more requests to the Website servers in a given period of time than a human can reasonably produce in the same period by using a conventional online browser.
- You agree not to harvest or collect email addresses or other contact information of other users from the Website by electronic or other means for the purposes of sending unsolicited communications.
- You agree not to use the Website in any manner that could damage, disable, overburden, or impair the Website.
- You agree not to upload, post, transmit, share, or otherwise make available any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; and
- You agree to use the Website in a manner that complies with all applicable local, national, and international laws and regulations.
- You agree to use the question and comment box, if provided, to ask questions or make comments on the course only after you have taken the course or respective course modules.
9. Content. The Website, including, without limitation, applications, trademarks, graphics, information, software, scripts, featured courses and interactive features provided by or for Company (individually and collectively, “Company Content”) is owned by and is the exclusive property of Company, subject to trademark, copyright and other intellectual property laws. COMPANY CONTENT AND COURSE CONTENT ON THE WEBSITE ARE PROVIDED TO YOU AS IS, FOR YOUR INFORMATION ONLY AND MAY NOT BE UPLOADED, POSTED, DISTRIBUTED, TRANSMITTED, BROADCAST, DISPLAYED, SOLD, LICENSED, MODIFIED, REPUBLISHED OR OTHERWISE EXPLOITED FOR ANY PURPOSE WHATSOEVER WITHOUT THE PRIOR WRITTEN CONSENT OF COMPANY. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict the use or copying of Company Content.
10. Course Content. Company purchases and/or licenses courses from various independent instructors and makes the courses available on the Website for your use. Course content is provided to you AS IS, and you understand and agree that Company is not responsible for the accuracy, usefulness, or safety relating to course content. You further understand and agree that Company is not responsible for any course content and/or course materials that may violate or infringe upon the rights of any person or entity, including, without limitation, trade secrets, patent, copyright, trademark, privacy, publicity, personal or proprietary rights, or contain libelous, defamatory or otherwise unlawful material.
11. Exams. By using the Website, you understand and agree that Company is not responsible for the structure, content, format and associated costs of the official qualification scheme and therefore elements of the scheme including but not limited to exam formats and durations, exam proctoring rules and methods, exam costs, syllabus requirements and the contents of courses as defined within the official qualifications scheme may change from time to time. In such cases Company will respond to all reasonable changes as necessary within a reasonable time. Company will update changes to exam policies as notified and directed by the exam institutes.
12. Digital Millennium Copyright Act. If you are a copyright owner or an agent thereof and believe that any content on the Website infringes upon or violates your copyright, you may submit to our Copyright Agent (as defined below) a notification pursuant to the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c)(3) that contains the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient for Company to locate the material;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Company’s Copyright Agent is: Crampton Law Firm, P.C., 2155 W. Pinnacle Peak Road, Suite 201, Phoenix, Arizona 85027, Phone: (602) 354-3771, Fax: (602) 354-4669, Email: email@example.com. Please send all notices of claimed infringement to Company’s designated Copyright Agent. In accordance with the DMCA, Company will remove or disable access to allegedly infringing material and terminate the accounts of repeat infringers. Counter-notification. If an affected user believes that any of such user’s User Content that was removed (or to which access was disabled) is not infringing or if the affected user has authorization from the copyright owner, the copyright owner’s agent or pursuant to law, to post and use the content, such user may send a counter notice (“Counter-notification”) to Company’s Copyright Agent that contains the following information:
- The affected user’s physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled.
- A statement that affected user has a good faith belief that the content was removed or disabled as a result of mistake or misidentification of the content; and
- The affected user’s name, address, telephone number, email address, a statement that the affected user consents to the jurisdiction of the courts in Slovakia and a statement that the affected user will accept service of process from the person who provided notification of the alleged infringement.
- If Company receives a valid, written Counter-notification, it will restore the affected user’s removed or disabled material after ten (10) business days, but no later than fourteen (14) business days from the date it receives a valid Counter-notification, unless the Copyright Agent first receives notice from the party that filed the original notification of alleged copyright infringement informing Company that such party has filed a court action to restrain the affected user from engaging in infringing activity related to the material in question.
14. Trademarks. TraCert and myTraCert is trademark of Company. All rights reserved. All other trademarks appearing the Website are the property of their respective owners.
15. Availability of Website and Content. Access to Company’s Website is permitted on a temporary basis, and Company reserves the right to withdraw or amend the service provide on the Website without notice. Company will not be liable if for any reason the Website is unavailable at any time or for any period.
16. WARRANTY DISCLAIMER; LIMITATION OF LIABILITY: YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, COMPANY CONTENT, COURSE CONTENT AND YOUR USE THEREOF. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF COMPANY CONTENT, COURSE CONTENT, OR OF ANY SITES LINKED TO THE WEBSITE AND ASSUME NO LIABILITY OR RESPONSIBILITY TO YOU, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSS OF BUSINESS, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING FROM OR IN CONNECTION WITH ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN ANY COMPANY CONTENT OR USER CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, ARISING FROM OR IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY PERSON OR ENTITY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN THE WEBSITE OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY COMPANY CONTENT OR USER CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY PERSON OR ENTITY, WHETHER OR NOT A USER, THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Last update: 13. November 2021