Terms and Conditionstharman2020-10-22T18:25:23+00:00
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Terms & Conditions
You should only attempt the eLearnSecurity exams if you have read, understood, and accepted the terms and conditions in full. By purchasing a voucher and beginning the certification process you provide acceptance of the Terms and Conditions.
1.1 Licensee understands and agrees that the Services may include communications such as service announcements and administrative messages from Licensor. Licensee will not be able to opt out of receiving these service announcements and administrative messages while using the Site and Services until Licensee sends Licensor a specific written notice pursuant requesting the termination of Licensee’s subscription and that Licensee’s details be eliminated from the Site and any mailing list.
2. License Grant; Licensee’s Content
2.1 Licensor hereby grants Licensee a lifetime, non-exclusive, non-transferable right to use the Site and Services for the term for which Licensee has paid the applicable subscription fees (“License Term”), solely for Licensee’s own personal use. Licensee may create one account through which Licensee can utilize the Site and Services. Licensee may not share Licensee’s account or account information with any other individual. Use of an account by more than one individual is strictly prohibited.
2.2 The Site includes a combination of content that Licensor creates, that Licensor’s partners create, and that Licensor’s users create. Licensee may use the content on the Site only for Licensee’s personal use in connection with the Services and/or Licensee’s licensed use of Licensor’s products. Except for the foregoing, Licensee may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, reverse engineer, publicly display, or in any way exploit any of the software, materials or content on the Site in whole or in part.
2.3 Licensee warrants that Licensee owns or has sufficient legal right to the intellectual property rights in any content posted or uploaded to the Site by Licensee (“Licensee’s Content”) and that Licensee’s Content, including any use thereof by Licensor as described herein, does not violate applicable law or the rights of any third party. Licensee hereby grants Licensor, Licensor’s affiliates, and Licensor’s partners a lifetime, worldwide, irrevocable, royalty-free, nonexclusive, sublicensable right to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Licensee’s Content and subsequent versions of Licensee’s Content for the purposes of (i) displaying Licensee’s Content on the Site (ii) processing Licensee’s Content in connection with providing the Services, (iii) distributing Licensee’s Content, either electronically or via other media, and/or (iv) storing or hosting Licensee’s Content in a remote database or on the Site. This license will apply to the distribution and the storage of Licensee’s Content in any form, medium, or technology now known or later developed.
2.4 Licensee may be exposed to content that Licensee finds offensive, indecent, or objectionable or that is inaccurate, and Licensee bears all risks associated with using that content. Licensor has the right, but not the obligation, to remove any content that may, in Licensor’s sole discretion, violate this Agreement or that is otherwise objectionable.
2.5 Licensor shall be entitled to adjust the scope of the Services and the underlying technical infrastructure to reflect the continuing development of the Services and technical advances.
3. Certification Process and Online Material
3.1 Licensor will provide information regarding security and security procedures through the Site and Services (“Material”). Licensor does not guarantee the accuracy of the Material and makes no warranties about the Material. The Material is for informational and entertainment purposes only. Licensee accepts all risks that the Material is inaccurate or incomplete. Notwithstanding any other provision herein, the Material is provided only through the Site and Services and Licensee may not download, copy, distribute, or create derivative works of the Material. Licensor does not warrant or guarantee that the Material will qualify for any Continuing Professional Education credits, or satisfy any continuing licensing requirements of any sort.
3.2 Licensor shall provide testing services for the Licensee for the purpose of certifying full knowledge and understanding of the Material (“Certification”). Licensor does not guarantee that Licensee will achieve Certification. Licensor does not warrant or guarantee the Licensee will be able to acquire employment, acquire better employment, acquire higher wages, or learn a marketable skill through Certification.
3.3 Licensee shall have One-Hundred and Eighty (180) Days from the day of entering in this Agreement (“Effective Date”) to redeem the voucher provided by Licensor to take the Certification exam. When Licensee redeems the voucher for the exam, Licensee will obtain the instructions related to the exam and access to the exam environment is granted. From this moment, Licensee will be given Seven (7) Days to undertake the exam and Fourteen (14) Days to upload Licensee’s answer to the exam onto the Site. Licensee shall have no contact with any other Licensee of the site concerning the contents of the exam during and after the exam period. After submission of Licensee’s answer, Licensor will review Licensee’s answer and will issue the Certification if Licensee’s answer is satisfactory within Thirty (30) Business Days.
3.4 If Licensee’s answer is uploaded but it does not qualify for Certification, Licensee shall have the option of retaking the exam one time with the original voucher. A notification of the result will be sent to the email address on file from firstname.lastname@example.org.
As soon as the Licensee reads the results at the link provided, a new answer shall be uploaded onto the Site within Seven (7) days and no later than Fourteen (14) days from receipt of the email notification. Further failure to qualify for the Certification will require a new Certification voucher.
3.5 If Licensee’s answer qualifies for Certification, Licensee is entitled to use the designation “ecir” or the ecir logo in resumés, social networks, business cards or other similar venues. It is strictly forbidden to use eLearnSecurity logos or trademarks except those allowed by this Agreement.
3.5 All sales of vouchers are final and all fees paid by Licensee are non-refundable. Licensee is not entitled to partial or full reimbursement should vouchers or retakes expire.
3.6 Licensor will not grant any extension of deadline once the Certification exam has started.
Licensee can acquire an extension on the voucher expiration date by paying the advertised fees and only before the Certification process has started.
3.7 Licensee agrees that at any time it shall neither use nor permit the use of any part of the Certification exam for any purpose except to provide Licensor with the answer to the Certification exam. The Licensee shall not at any time disclose the nature, the structure, the process, the composition, the answer to the Certification exam or any part thereof.
3.8 Licensor reserves the right to revoke certification should this Agreement be infringed or in any of the following cases:
(a) Cheating during the exam
(b) Forging of exam answer
(c) Misrepresenting eLearnSecurity by abusing the certification logos or the acquired designation
(d) Assuming another identity or impersonating another person during the exam
(e) Breaking any state or national law on cyber-crime
4. Warranty; Disclaimers
4.1 THE SITE AND THE SERVICES, ITS SOFTWARE, CONTENT AND OTHER MATERIALS, ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. LICENSOR AND ITS AFFILIATES, SUPPLIERS AND PARTNERS MAKE NO WARRANTY, REPRESENTATION, GUARANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE OR ANY OF THE CONTENT, SERVICES, PRODUCTS, SOFTWARE OR OTHER MATERIALS AVAILABLE THROUGH THE SITE.
5. LIMITATION OF LIABILITY
5.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER LICENSOR NOR ITS AFFILIATES, SUPPLIERS OR PARTNERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THE SERVICES OR THE SITE, ITS SOFTWARE, CONTENT OR OTHER MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OR LOSS OF DATA OR OTHER INTANGIBLE LOSSES.
5.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR AND ITS AFFILIATES, SUPPLIERS AND PARTNERS WILL NOT BE LIABLE FOR ANY DAMAGES THAT EXCEED THE TOTAL AMOUNTS PAID BY LICENSEE TO LICENSOR FOR THE SERVICES.
5.3 SOME STATES/JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO LICENSEE. IN SUCH STATES/JURISDICTIONS, LICENSOR’S LIABILITY AND THAT OF ITS AFFILIATES, SUPPLIERS AND PARTNERS WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
6.1 The Site features trademarks, service marks, and logos that are the property of Licensor and/or its affiliates, suppliers, partners and licensors. The Site also may include trademarks, service marks or logos of other third parties. All of these trademarks, service marks and logos are the property of their respective owners, and Licensee agrees not to use them in any manner without the prior written permission of the applicable owner.
6.2 Licensor may be required by state or federal law to notify Licensee of certain events. Licensee hereby acknowledges and consents that such notices will be effective upon Licensor’s posting them on the Site or delivering them to Licensee through e-mail. Licensee may update Licensee’s e-mail address by visiting the Services where Licensee has provided contact information. If Licensee does not provide Licensor with accurate information, Licensor cannot be held liable if Licensor fail to notify Licensee.
6.3 Licensor’s failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. This Agreement and Licensee’s right to use the Services may not be assigned by Licensee without the prior written approval of Licensor.
6.4 This Agreement, including any applicable attachments, and all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between Licensee and Licensor and govern Licensee’s use of the Site and Services, superseding any prior agreements that Licensee may have with Licensor.
6.5 Licensee may not use, import or export materials on this Site in violation of United States, or any other applicable country’s, import and export laws and regulations. Licensor assumes no responsibility or liability for Licensee’s failure to obtain any necessary export approvals. Without limiting the foregoing, Licensee agrees that the Site will not be used, and none of the underlying content, information, software, or technology may be transferred or otherwise exported or re-exported to persons subject to restrictions, destinations subject to embargo, or to prohibited proliferation-related end-users or end-uses, without obtaining any export license or other approval that may be required under United States, and any other applicable country’s, laws, regulations and requirements. Licensee hereby certifies that none of the content on the Site, nor any information acquired through the use of the Services, is or will be used for nuclear activities, chemical or biological weapons, or missile projects, unless specifically authorized by the United States government or appropriate European body for such purposes.
6.6 If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, the invalid or unenforceable provision will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the intent of the original provision. Where a court is unable to construe any unenforceable or invalid provision to make it binding, the court will severe and delete the provision. In any event, all other terms remaining valid and enforceable will survive and remain in full force and effect.
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