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FULL DETAIL OF THE AGREEMENT BETWEEN USER AND
Re-Certify.com, Inc. d/b/a
CREDENCIA
INDIVIDUAL SUBSCRIBER AGREEMENT
1) PERSONALLY IDENTIFIABLE INFORMATION
a) As part of the registration process for some Credencia services, users may be
required to provide certain information, including credit card numbers (for
billing purposes), social security numbers (for verification of credentials,
issuing of completion certificates) and personal demographic and historical
educational information (for completion of personal profiles, creation of
subscription tracking accounts, etc.). Credencia may disclose to third parties
certain aggregate information contained in such subscribers registration
application, but Credencia will not disclose name, address, email address or
telephone number without subscribers prior express consent, except as required
by law or by separate employer/corporate agreements with Credencia, or as
required to issue, verify or certify credits or completion of courses and
related materials.
b) Personally identifiable information may be
released to educational institutions as part of the verification process of
statements and credentials submitted by the subscriber as part of their Personal
Credentials Profile. Such releases will be limited to the minimum amount of
information required to satisfy the task.
2) LINKS TO THIRD PARTY SITES
Credencia may contain links to other Web Sites which are not under its
control nor is Credencia responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or any changes
or updates to a Linked Site. Credencia is not responsible for web casting or any
other form of transmission received from any Linked Site.
3) NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of Credencia, you warrant to Credencia that you
will not use Credencia for any purpose that is unlawful or prohibited by these
terms, conditions, and notices. You may not use Credencia in any manner which
could damage, disable, overburden, or impair Credencia or interfere with any
other party's use and enjoyment of Credencia. You may not obtain or attempt to
obtain any materials or information through any means not intentionally made
available or provided for through Credencia.
4) CORPORATE MEMBERSHIP/ACCOUNTS
If an Employer subscribes to Credencia and enrolls employees/members in the
system, then the Employer shall have access to data contained in the individual
member's account for the duration and period of employment with that Employer.
If the individual is employed by the same or a different employer that also uses
the Credencia system, then that employer shall have access to the individual's
account for the duration and period of that individual's employment. The terms
of any content purchased by the Employer and made available to an individual
shall be governed by any agreements that in affect between the Employer and
Credencia. Individuals hereby understand and agree that their employers will
have access to content, scores, results and tests within their account.
5) MODIFICATION OF THESE TERMS OF USE
Credencia reserves the right to change the terms, conditions, and notices
under which the Credencia system is offered, including but not limited to the
charges associated with the use of Credencia. You are responsible for regularly
reviewing these terms and conditions.
6) USE OF COMMUNICATION SERVICES
a) Credencia contains bulletin board services, chat areas, news groups, forums,
communities, personal web pages, calendars, and/or other message or
communication facilities designed to enable you to communicate with selected
individuals, organizations, corporations, educational institutions, the public
at large or with a group (collectively, "Communication Services"). You
agree to use the Communication Services only to post, send and receive messages
and material that are proper and related to the particular Communication
Service.
You agree that when using a Communication Service, you will not:
i) Defame, abuse, harass, stalk, threaten or
otherwise violate the legal rights of others.
ii) Publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful topic, name, material or
information, virus or infected files or software.
iii) Conduct or forward surveys, contests, pyramid schemes or chain letters.
iv) Violate any code of conduct or other guidelines which may be applicable for
any particular Communication Service.
v) Harvest or otherwise collect information about others, including e-mail
addresses, without their consent.
vi) Violate any applicable laws or regulations.
b) Credencia reserves the right to terminate your access to any or all of the
Communication Services at any time without notice for any reason whatsoever.
c) Credencia reserves the right at all times to disclose any information as
necessary to satisfy any applicable law, regulation, legal process or
governmental request, or to edit, refuse to post or to remove any information or
materials, in whole or in part, in Credencia's sole discretion.
7) MATERIALS PROVIDED TO CREDENCIA OR POSTED ON CREDENCIA
a) Any materials provided to Credencia (including feedback and suggestions) or
post, upload, input or submit to any Credencia Web Site or its associated
services (collectively "Submissions") shall become the property of
Credencia. However, by posting, uploading, inputting, providing or submitting
your Submission you are granting Credencia, its affiliated companies and
necessary sub licensees permission to use your Submission in connection with the
operation of their Internet businesses including, without limitation, the rights
to: copy, distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat your Submission; and to publish your name in
connection with your Submission.
b) No compensation will be paid with respect to the use of your Submission, as
provided herein. Credencia is under no obligation to post or use any Submission
you may provide and may remove any Submission at any time in Credencia's sole
discretion. By posting, uploading, inputting, providing or submitting your
Submission you warrant and represent that you own or otherwise control all of
the rights to your Submission as described in this section including, without
limitation, all the rights necessary for you to provide, post, upload, input or
submit the Submissions.
8) SOFTWARE AVAILABLE ON CREDENCIA
a) Software (if any) that is made available to download from Credencia,
excluding software that may be made available by end-users through a
Communication Service, ("Software") is the copyrighted work of
Credencia Corporation and/or its suppliers. Your use of the Software is governed
by the terms of the end user license agreement, if any, which accompanies or is
included with the Software ("License Agreement"). You may not install
or use any Software that is accompanied by or includes a License Agreement
unless you first agree to the License Agreement terms.
b) For any Software not accompanied by a license agreement, Credencia hereby
grants to you, the user, a personal, non-transferable license for a period not
exceeding 12 months from the date of purchase, to use the Software for viewing
in accordance with these Terms of Use, and for no other purpose provided that
you keep intact all copyright and other proprietary notices. All Software is
owned by Credencia and/or its suppliers and is protected by copyright laws and
international treaty provisions.
c) Any reproduction or redistribution of the Software is expressly prohibited by
law, and may result in severe civil and criminal penalties. Violators will be
prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING,
COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR
FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS
WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You
acknowledge that the Software, and any accompanying documentation and/or
technical information, is subject to applicable export control laws and
regulations of the USA. You agree not to export or re-export the Software,
directly or indirectly, to any countries that are subject to USA export
restrictions.
9) LIABILITY DISCLAIMER
a) The information, software, products, and services included in or available
through Credencia may include inaccuracies or typographical errors. Changes are
periodically added to the information herein. Credencia and/or its respective
suppliers may make improvements and/or changes in Credencia at any time. Advice
received from Credencia should not be relied upon for personal, medical, legal
or financial decisions and where appropriate you should consult an appropriate
professional for specific advice tailored to your situation. Credencia and/or
its respective suppliers/content providers make no representations about the
suitability, reliability, availability, timeliness, and accuracy of the
information, software, products, services and related graphics contained on the
re-certify web sites for any purpose.
b) All such information, software, products, services and related graphics are
provided "as is" without warranty of any kind. Credencia and/or its
respective suppliers/content providers hereby disclaim all warranties and
conditions with regard to this information, software, products, services and
related graphics, including all implied warranties and conditions of
merchantability, fitness for a particular purpose, title and non-infringement.
In no event shall Credencia and/or its suppliers/content providers be liable for
any direct, indirect, punitive, incidental, special, consequential damages or
any damages whatsoever including, without limitation, damages for loss of use,
data or profits, arising out of or in any way connected with the use or
performance of Credencia, with the delay or inability to use Credencia or
related services, the provision of or failure to provide services, or for any
information, software, products, services and related graphics obtained through
Credencia, or otherwise arising out of the use of Credencia, whether based on
contract, tort, negligence, strict liability or otherwise, even if Credencia or
any of its suppliers/content providers has been advised of the possibility of
damages. Because some states/jurisdictions do not allow the exclusion or
limitation of liability for consequential or incidental damages, the above
limitation may not apply to you. If you are dissatisfied with any portion of
Credencia, or with any of these terms of use, your sole and exclusive remedy is
to discontinue using Credencia.
10) TERMINATION/ACCESS RESTRICTION
Credencia reserves the right, in its sole discretion, to terminate your
access to any or all of Credencia and the related services or any portion
thereof at any time, without notice.
11) GENERAL
a) This agreement is governed by the laws of the State of Delaware, U.S.A. You
hereby consent to the exclusive jurisdiction and venue of courts in Wilmington,
Delaware, U.S.A. in all disputes arising out of or relating to the use of
Credencia. Use of Credencia is unauthorized in any jurisdiction that does not
give effect to all provisions of these terms and conditions, including without
limitation this paragraph. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and Credencia as a result
of this agreement or use of Credencia. Credencia's performance of this agreement
is subject to existing laws and legal process, and nothing contained in this
agreement is in derogation of Credencia's right to comply with governmental,
court and law enforcement requests or requirements relating to your use of
Credencia or information provided to or gathered by Credencia with respect to
such use.
b) If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and the
remainder of the agreement shall continue in effect. Unless otherwise specified
herein, this agreement constitutes the entire agreement between the user and
Credencia and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between the user and Credencia.
A printed version of this agreement and of any notice given in electronic form
shall be admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent and subject to the same conditions
as other business documents and records originally generated and maintained in
printed form.
12) COPYRIGHT AND TRADEMARK NOTICES
All contents of Credencia are: Copyright © 1999-2004 Credencia, Inc. and
Re-Certify.com, Inc. and/or its Suppliers/Content Providers, 14520 Snapdragon
Circle, North Potomac, Maryland 20878-4319, U.S.A.
All rights reserved.
13) TRADEMARKS
a) The names of actual companies and products mentioned herein may be the
trademarks of their respective owners.
b) Any rights not expressly granted herein are reserved.
14) NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
a) Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement should be sent to help@Credencia.com

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