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PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE ACCESSING certprepare.com. By accessing/downloading/using any certprepare.com content, you accept all the terms and conditions of this Terms of Use Agreement which govern your use of our service.
certprepare.com provides a single-user subscription service by means of a membership license that allows members to access educational content about complex networking topics (“certprepare content”) over the Internet.
As used in these Terms of Use, “certprepare service”, “our service” or “the service” means the personalized service provided by certprepare for discovering and accessing certprepare content, including all features and functionalities, recommendations and reviews, our websites, and user interfaces, as well as all content and software associated with our service. The Terms “lessons”, “tutorials”, “training videos” or “videos” (the “Products”) used in this Agreement include both individual lessons and videos within a series, series packages, and subscription access to certprepare.com content.
The “Products” of certprepare are protected by copyrights. All intellectual property rights, copyrights, trademarks, service marks, or trade secrets, ownership rights, title, and interests therein belong to certprepare. They are licensed but not sold. You may not copy, distribute or reproduce the licensed materials in any form, in whole or in part even if modified or merged with other Products. All rights not expressly granted herein are reserved by certprepare. You shall not alter or remove any copyright notice or proprietary notice, or legend contained in or on the Products. Any attempt to breach these terms is a violation of this Agreement.
1. LICENSE
1.1 certprepare provides a membership license to single users only (“certprepare member”). Members must provide their name and a valid e-mail address to obtain the license. The license is specific to that user only and cannot be transferred. The grant of license is expressly governed by the terms of this License Agreement.
1.2 The license granted to you by certprepare is a non-transferable, limited, non-exclusive right to access the certprepare service and certprepare content (the “Products”) through the service. The certprepare service and any content accessed through our service are for your personal and non-commercial use only. You agree not to use the service for public performances without the express consent of certprepare.
1.3 The license is a single user license and cannot be used by multiple (2+) users. Account sharing is prohibited, and user activity is monitored to identify a breach of this condition.
1.4 You must be at least 18 years of age to become a member of the certprepare service. Individuals under the age of 18 may only utilize the service with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms of Use.
1.5 You agree to use the certprepare service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized in these Terms of Use, you agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the certprepare service. You also agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the certprepare service; use any robot, spider, scraper or other automated means to access or download the certprepare service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the certprepare service; insert any code or product or manipulate the content of the certprepare service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the certprepare service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.
1.6 You may not rent, disclose, publish, sell, share, assign, lease, sub-license, market, distribute or transfer the Products or use them in any manner not expressly authorized by this Agreement without the express consent of certprepare. You shall not derive or attempt to derive the source code, source files or structure of all or any portion of the Products by reverse engineering, disassembly, decompilation or any other means.
1.7 You shall take all reasonable steps and precautions to ensure that your use of the Products is in strict compliance with this License Agreement. Upon your discovery and/or the request of certprepare, you agree to promptly remedy any violation of this License Agreement. Your continued violation may be subject to membership license termination, as well as damages and prosecution. Any information supplied by certprepare or obtained by you, as permitted hereunder, may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any Product/Application which is substantially similar to certprepare Product.
2. MEMBERSHIP
2.1 Your certprepare membership will stop when expired. You will not be charged automatically so you need to manually extend your membership. To use the certprepare service you must have Internet access and a certprepare ready device and provide us with one Payment Method. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third-party payment processor.
2.2 We may offer a number of membership plans, including memberships offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you.
3. BILLING AND CANCELLATION
3.1 Billing.
3.1.1 The membership fee for the certprepare service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the payment date indicated on the “My Account” page. The length of your billing will depend on the type of membership that you chose when you signed up for the service.
3.1.2 Payment dates are not static and may change every billing period. Monthly memberships have a 30-day billing period. In some cases, your payment date may change for a different reason, for example if your Payment Method has not successfully settled.
3.1.3 Membership fees are fully earned upon payment. You agree to pay your subscription charges in advance, on a monthly or bi-monthly basis as agreed. Visit the certprepare.com website and click on the "Your Membership Information" page to see your expired date.
3.2 Payment Methods.
3.2.1 To use the certprepare service you must provide one Payment Method. You authorize certprepare to charge your credit card or bank account or any other payment method, at the agreed periodicity on a recurring basis, on the date, the subscription becomes due for payment.
3.2.2 You guarantee and warrant that the credit card/bank account details provided by you are accurate, and legally belong to you. You also agree that you are legally authorized to enter into this billing agreement. In the case of any change, you will keep certprepare informed about the change.
3.2.3 All payments shall be made in USD. If you pay the subscription in a currency other than USD, you will be liable to pay the amount of the currency conversion fee that will be determined at the time of your payment of your subscription. You are aware that the exchange rates keep changing based on the currency, and you agree to the future execution of payments being based on fluctuating exchange rates.
3.2.4 You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
3.2.5 You agree not to dispute any billing charges with your credit card issuer or your bank and seek any charge-back if the charges are as per the agreed rate and period.
3.2.6 You agree that certprepare is not obligated to verify or confirm the amount before processing these payments. You acknowledge and agree that Payments may be variable based on certain factors.
3.2.7 You can update your Payment Methods by going to the “My Account” page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
3.2.8 You are fully responsible for determining whether any form of tax is due relating to the Products or Services, and you shall pay any sales tax, use tax, excise, duty or any other form of tax relating to the Products or Services.
3.3 Cancellation.
3.3.1 The license granted by certprepare shall automatically terminate on the cancelation of membership. Without prejudice to any other rights, certprepare may terminate this license without notice if you fail to comply with the terms and conditions of this license. Upon termination, you will not be able to access, review or use in any matter any certprepare content. Upon termination, no refund will be made of any amounts previously paid to certprepare
3.3.2 You can cancel your certprepare membership at any time, and you will continue to have access to the certprepare service through the end of your billing period. To cancel, go to the “My Account” page on our certprepare.com website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period.
3.4 Changes to the Price and Subscription Plans.
3.4.1 We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes or changes to your subscription plan will take effect following notice to you.
3.5 Promotional Offers.
3.5.1 We may from time to time offer special promotional offers, plans or memberships (“Offers”). Offer eligibility is determined by certprepare at its sole discretion and we reserve the right to revoke an Offer and put your account on hold in the event that we determine you are not eligible. Members with an existing or previous certprepare membership may not be eligible for certain introductory Offers, such as trial periods (“Trial Accounts”). We may use information such as device ID, method of payment or an account email address used with an existing or recent certprepare membership to determine Offer eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Offer or in other communications made available to you.
3.6 Refunds.
3.6.1 Generally, payments for monthly and bi-monthly memberships are made refundable up to a period of 7 days following the date the payment was initiated. Payments occurring more than 7 days prior to the refund request date are nonrefundable and there are no refunds or credits for partially used membership periods. Following any cancellation, your account will return to 'pending' state and you will no longer have access to the service on our website.
3.6.2 Payments for certain introductory Offers, such as trial periods, are non-refundable.
4. DISCLAIMERS
4.1 Warranty.
4.1.1 THE certprepare SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE certprepare SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. You assume any risk of loss in using the products. The Products are complex and may contain some nonconformities, defects or errors. certprepare expressly disclaims and excludes, to the maximum extent permitted by applicable law, all warranties, conditions undertakings or representations of any kind, whether statutory, express or implied, including, but not limited to, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement. certprepare does not warrant that all nonconformities can or will be corrected.
4.2 Limitation of Liability.
4.2.1 In no event shall certprepare be liable to you or any third party for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Product/License, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if certprepare has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you.
4.3 Remedies.
4.3.1 In the event of any breach of the terms of the Agreement, certprepare reserves the right to seek and recover damages for such breach, including but not limited to damages for copyright infringement, trademark infringement and for unauthorized use of certprepare content. certprepare also reserves the right to seek and obtain injunctive relief in addition to all other remedies at law or in equity.
4.4 Confidentiality.
4.4.1 Except as otherwise required by applicable laws, neither party nor either party’s agents, employees (the “Recipient”) shall use or disclose to any person or entity any Confidential Information (as defined below) of the other party (the “Discloser”) (whether in written, oral, electronic or other form), which is obtained from the Discloser or otherwise prepared or discovered in the performance of this Agreement. “Confidential Information” means any and all information designated by the Discloser as confidential, all information or data concerning or related to the Discloser’s products (including the discovery, invention, research, improvement, development, manufacture, or sale thereof), processes, or business operations, including any information of the foregoing nature received from the Discloser related to the Discloser’s customers or clients, and any other information which, if not otherwise described above, is of such a nature that a reasonable person would believe it to be confidential or proprietary. The provisions of this Section relating to use and disclosure shall not apply to any information that: (i) is rightfully known to the Recipient prior to disclosure by the Discloser, (ii) is rightfully obtained by the Recipient from any third party without restrictions on disclosure, (iii) is or becomes available to the public without restrictions, or (iv) is disclosed by the Recipient with the prior written approval of the Discloser. Further, either party may disclose confidential information of the other party as required by the governmental or judicial order, provided such party gives the other party prompt written notice prior to such disclosure. The obligations set forth in this Section shall survive any expiration or termination of this Agreement.
5. MISCELLANEOUS
5.1 Unsolicited Materials.
5.1.1 certprepare does not accept unsolicited materials or guest posts for certprepare content, and is not responsible for the similarity of any of its content in any media to materials or ideas transmitted to certprepare. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against certprepare and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
5.2 Customer Service.
5.2.1 Customer support is available to members of the certprepare service and potential members of the certprepare service regarding account matters, billing matters, membership matters and questions relating to such. certprepare does not offer one-on-one instructional or technical support. See more about the support offered by visiting the “Support” page on certprepare website.
5.2.2 certprepare provides a community for members to post questions about a particular topic and should not be used to solve personal issues. Potential members and guests to certprepare have read-only access to the community forum and are not able to post new topics or comment on already posted topics.
5.4 Feedback.
5.4.1 certprepare is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the certprepare service, including our websites and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the certprepare service. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law.
5.5 Severability.
5.5.1 If any provision or provisions of these Terms of Use, in whole or in part, shall be determined to be invalid, illegal, unenforceable, or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, and the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
5.6 Waiver.
5.6.1 The waiver by either party of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.
5.7 Changes to Terms of Use.
5.7.1 certprepare may, from time to time, change these Terms of Use. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 10 days after posting. This Agreement constitutes the entire agreement between the parties superseding all prior agreements, understandings, and representations whether oral or written.
5.8 Assignment.
5.8.1 In order to provide you the required services, certprepare may assign, transfer, delegate or grant all or any part of its rights pursuant to this Agreement to any person or entity with due notice to you in writing. You are deemed to have accepted the same if you do not respond to the notice within 7 days. You may not assign your rights under this Agreement to a third party without the permission of certprepare. The parties’ rights and obligations will bind and inure to the benefit of their respective successors and permitted assigns.
5.9 Communication.
5.9.1 We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.