TERMS & CONDITIONS

Effective Date: October 1, 2023

AKYLADE Services, or portions of them, may be hosted on or incorporate material from third-party platforms or services. Such platforms or services may have their own terms of use and privacy policies posted or linked to on the relevant part of AKYLADE Services, a login page or popup ("Third-Party Terms"). In such cases, You are bound by both this Agreement and the Third-Party Terms. You should review applicable Third-Party Terms before You use any portion of AKYLADE Services that is subject to Third-Party Terms.

1. Changes to this Agreement.This Agreement is effective as of the Effective Date above. AKYLADE may, in its sole discretion, change this Agreement at any time, so We encourage You to periodically check for updated Terms of Use. If You do not agree with any changes to this Agreement, Your sole remedy is not to use AKYLADE Services. If You continue to use AKYLADE Services after We change this Agreement, You accept all changes.
2. Copyright. Unless otherwise indicated, the copyright in the content of AKYLADE Services, including the screens displayed on AKYLADE Services and software used to provide AKYLADE Services, is owned by AKYLADE. You may not modify, copy, reproduce, republish, upload, post, transmit, perform, display, prepare derivative works based on, or distribute in any way any portion of AKYLADE Services, including software used to provide AKYLADE Services.
3. Availability of AKYLADE Products and AKYLADE Services.AKYLADE may, in its sole discretion, modify or discontinue AKYLADE Services or any aspect thereof, including any information or materials contained in AKYLADE Services, without prior notice and without liability. AKYLADE Services and products offered are not necessarily available in all geographic areas. Your eligibility to obtain particular services and products is subject to the final determination of AKYLADE.
4. Purpose of the AKYLADE Services; Accuracy of Information.The information contained in the AKYLADE Services is for informational purposes only. We attempt to provide information that is complete, accurate and current. However, despite Our efforts, information available on AKYLADE Services may occasionally be incomplete, inaccurate, or out of date. Accordingly, You should not rely on information contained in AKYLADE Services. Such information is not intended to replace and should not be interpreted or relied upon as professional advice from AKYLADE, whether legal or otherwise. Please consult with Your own professional experts for all advice concerning legal matters, human resource matters, and the like that may be discussed in AKYLADE Services.
5. Usage. AKYLADE Services are accessible to You through a computer or other access device. The content of AKYLADE Services may include information, editorial content, chat rooms, social media, and links to other websites. You are responsible for all charges associated with accessing AKYLADE Services.
6. Access to Certain Portions of the AKYLADE Services. Access to certain portions of AKYLADE Services is restricted and personal to individual members of AKYLADE, holders of certain AKYLADE certifications, or others. To become eligible to access any such portions of AKYLADE Services, You may be required to create an account or give AKYLADE certain information. If You create a user account on AKYLADE Services, You must do so only for Yourself and in Your own name. You agree to provide true, accurate, and complete information and to update this information when it changes. You must not impersonate any person or entity or otherwise misrepresent Your identity or affiliation. You must be legally competent to enter into agreements. If You provide any information that is untrue, inaccurate, outdated, incomplete, or misleading, or if AKYLADE suspects that You have provided any untrue, inaccurate, outdated, incomplete, or misleading information, AKYLADE may, in its sole discretion, suspend or terminate Your membership, certification status, and/or right to access all or part of AKYLADE Services. If You have a user ID and/or password to enable You to access restricted portions of AKYLADE Services, You must not permit use of Your user ID or password by any other person. You are solely responsible for maintaining the confidentiality of Your ID, password, and other account information. You will be responsible for all usage of AKYLADE Services made with Your user ID and or password. You agree that You will notify AKYLADE immediately of any unauthorized use of Your password, user ID, or account, or any other breach of security. You agree that You will log off of AKYLADE Services immediately when You are finished using it in order to prevent fraud or other use by other persons. AKYLADE may, in its sole discretion, suspend or terminate any user account in the name of a group or organization or that it determines to have been used by multiple individuals.
7. Restrictions on Usage. As a condition to Your right to use the Services, You will not: (a) engage in any activity that disables, interrupts the Services or otherwise impedes their operation or limits their availability to others; (b) alter in any way the content of the Services; (c) circumvent or disable any access control or security features of the Services; (d) scrape or frame the contents of the Services; (e) decompile, disassemble or reverse engineer any software used to provide the Services; (f) use the Services to post or otherwise disseminate any unlawful, threatening, defamatory, offensive, obscene, vulgar, pornographic, profane, indecent, or fraudulent communication of any kind, as determined by AKYLADE in its sole discretion; (g) use the Services to post or otherwise disseminate any communication that infringes or dilutes any intellectual property or that violates any person's rights of privacy or publicity; (h) use the Services to transmit any virus, bot, worm, Trojan horse, or other harmful software; (i) use the Services to post or disseminate any communication that encourages or assists any other person to engage in illegal activities; (j) use the Services or any information contained in the Services to assist in any way with the transmission of unsolicited email messages to any other person; (k) impersonate any other person or entity or misrepresent any fact about Yourself; (l) distribute, transfer, or disseminate any information derived from the Services through or onto a searchable, machine-readable database; (m) use the Services to collect information about other users of the Services; or (n) attempt to use the Services to gain unauthorized access to other computer systems or networks connected to the Services.
8. Monitoring by AKYLADE. AKYLADE has the right, but not the obligation to monitor the use of the Services. If AKYLADE monitors the use of the Services, AKYLADE may examine, copy, and record any information relating to Your usage of the Services. AKYLADE reserves the right to disclose any such information in order to comply with any law, regulation, or governmental request. AKYLADE shall have the right, but not the duty, to remove any communication that AKYLADE, in its sole discretion, finds to be objectionable or inappropriate.
9. No Warranties. THE SERVICES, INCLUDING THE INFORMATION AND MATERIALS ON THE SERVICES, ARE PROVIDED ON AN "AS IS" BASIS. AKYLADE DOES NOT WARRANT THE COMPLETENESS, ACCURACY, TIMELINESS, OR ADEQUACY OF THE INFORMATION AND MATERIALS ON THE SERVICES AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE SERVICES. NO WARRANTY OF ANY KIND, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONNECTION WITH THE SERVICES.
10. Limitation of Liability. IN NO EVENT WILL AKYLADE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES, LOSSES, OR EXPENSES, OR FOR ANY OTHER DAMAGES IN EXCESS THE GREATER OF THE AMOUNT YOU ACTUALLY PAY TO AKYLADE FOR USE OF THE SERVICES IN THE 12 MONTHS PRIOR TO A CLAIM OR $100, THAT IN ANY CASE ARISE IN CONNECTION WITH THE USE OF THE SERVICES OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF AKYLADE OR REPRESENTATIVES THEREOF ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. AKYLADE SHALL NOT BE LIABLE FOR ANY CONSEQUENCES OF YOUR RELIANCE ON ANY ADVICE, OPINIONS, STATEMENTS, OR RECOMMENDATIONS THAT APPEAR ON OR ARE DISSEMINATED THROUGH THE SERVICES. ANY SUCH RELIANCE IS AT YOUR OWN RISK. AKYLADE SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICES. SOME STATES DO NOT ALLOW THE DISCLAIMER OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THIS SECTION MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG IMPLIED WARRANTIES MAY LAST, SO THE LIMITATIONS SET FORTH IN THIS SECTION MAY NOT APPLY TO YOU. THIS SECTION GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS. THESE OTHER RIGHTS VARY FROM STATE TO STATE.
11. Acknowledgment of Warranty Disclaimers. You acknowledge and agree that AKYLADE would not have made the Services available to You without the warranty disclaimers and the limitations on liability and remedy that appear in this Agreement.
12. Indemnification. You agree to defend, indemnify, and hold harmless AKYLADE (including its affiliates) and their respective directors, officers, employees, and agents from and against all claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or accruing from (i) any material posted or otherwise provided by You that infringes any copyright, trademark, trade secret. trade dress, patent, or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy; (ii) any misrepresentation made by You in connection with Your use of the Services; (iii) any noncompliance by You with the terms of this Agreement; and (iv) any claims brought by persons or entities other than You or AKYLADE arising from or related to Your access and use of the Services, including the information obtained through the Services.
13. Termination. AKYLADE, at its sole discretion, and for any reason or for no reason, may terminate Your password or Your access to all or part of the Services, and may delete and discard any information that You have published, sent, or received on or via the Services.
14. Trademarks. No AKYLADE trademarks or trademarks owned by any other person that appear on the Services may be copied, downloaded, or otherwise utilized without the express written consent of the owner of such trademark
15. Minors. AKYLADE Services are not directed to children under 13, or other age as required by local law. We do not knowingly collect Personal Information from children, or other age as required by local law. If a parent or guardian becomes aware that his or her child has provided Us with Personal Information without their consent, he or she should contact AKYLADE at legal@akylade.com. If We become aware that a child under the age of 13 (or other age as required by local law) has provided us with Personal Information without verifiable parental consent, we will promptly take steps to delete such information from Our files, unless We have a legal obligation to keep it, and terminate the child's account. Further, if You permit any minor child to use the Services, You will be solely responsible for: (i) the online conduct of such minor child; (ii) the monitoring of such minor child's access to and use of the Services; and (iii) the consequences of any such usage.
16. Child Online Protection Act Notification. Pursuant to 47 U.S.C. Section 230(d), as amended, AKYLADE hereby notifies You that parental control protections (such as computer software, hardware, and filtering services) are commercially available for You to purchase. These protections may assist You in limiting access to material that could be harmful to minors. Information about purchasing such protections is available at
    • https://www.connectsafely.org/parentguides
    • https://www.connectsafely.org/controls
    • https://staysafeonline.org/online-safety-privacy-basics/parental-controls
17. Infringement Policy. In appropriate circumstances AKYLADE has adopted a policy of terminating the accounts of users of the Services who are repeat infringers of copyright. In addition, pursuant to 17 U.S.C. Section 512, as amended, AKYLADE has implemented procedures for receiving written notification of claimed copyright infringements and for processing such claims in accordance with the law. All claims of copyright infringement must be submitted to AKYLADE in a written complaint that complies with the requirements below and is delivered to Our designated agent to receive notification of claimed infringement.
    
    To submit any such complaint by mail, please use the following address:
    
    Copyright Agent
    AKYLADE, LLC
    2151 Consulate Drive, Suite 5
    Orlando, FL 32819
    
    To submit any such complaint by e-mail, please use the following address: legal@akylade.com
    
    

    Any notification of claimed copyright infringement must include the following information:

    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    2. Identification of the copyrighted work claimed to have been infringed.
    3. Identification of the material claimed to be infringing, along with information reasonably sufficient to permit AKYLADE to locate such material.
    4. Information reasonably sufficient to permit AKYLADE to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address.
    5. 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.
    6. 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.
    
    
    If You have a legal complaint other than a copyright claim, please send it to Us at the following address:
    
    Legal Department
    AKYLADE, LLC
    2151 Consulate Drive, Suite 5
    Orlando, FL 32819
    
    Your complaint should clearly identify the relevant issue and include information that We can use to contact You.
18. Public Information. If You post any material in any form on the Services, or disseminate any information through the Services, You will be deemed to grant AKYLADE a worldwide, royalty-free, perpetual, irrevocable, transferable, sublicensable, nonexclusive license to use, reproduce, create derivative works of, make available, distribute, perform, display and in any other way exploit the material and information You provide for any purpose. Such material and information will be deemed to be public.
19. Notice. We may be required by law to notify You of certain events. You hereby acknowledge and agree that such notices will be effective upon Our posting them in the relevant Service or delivering them to You by e-mail. If You do not provide Us with an accurate and current e-mail address, We will not be responsible for failure to notify You.
20. Limit on Exportation. Unless otherwise specified, the Services are intended solely for use in the United States of America. AKYLADE operates the Services from its offices in the State of Florida, United States of America. You may not use or export or re-export any content or any copy or adaptation of such content, or any AKYLADE Services, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations. AKYLADE makes no representation, expressed or implied, that the materials on AKYLADE Services are appropriate or available for use outside of the United States. Those who choose to access the Services from outside of the United States do so with this understanding and are responsible for compliance with local laws. Software that is used to provide AKYLADE Services is subject to United States export controls. Access to the Services by persons in any country that is subject to a U.S. government embargo, or any person listed on a U.S. government "watch list" of prohibited or restricted persons, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce, is also prohibited. By using the Services, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.
21. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, United States of America, without giving effect to any principles of conflicts of law. All disputes arising from or related to these Terms and Conditions that are not subject to arbitration under the arbitration sections below shall be resolved exclusively in the state and federal courts located in Orange County, State of Florida, and you and AKYLADE irrevocably consent to the jurisdiction of such courts. You and AKYLADE expressly waive any right to a jury trial in any lawsuit arising from or related to these Terms and Conditions.
22. Disputes; Arbitration. If You have any dispute with or claim against Us (including Our affiliates), or if We have a dispute with or claim against You, relating to the Services, a product or service purchased through the Services, this Agreement, or Your use of AKYLADE Services (a "Claim"), You and AKYLADE each agree to attempt to resolve such Claim first through informal negotiation. If We do not resolve the Claim through informal negotiation, the Claim shall be resolved through binding arbitration in Orlando, Orange County, Florida. Class arbitrations and class actions are not permitted under any circumstances, and a Claim between You and Us shall not be consolidated with any claim involving a third party. You and We agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that You and We are each waiving the right to a trial by jury or to participate in a class action or class arbitration.
    
    Before You commence an arbitration, You must first send to AKYLADE a written notice of Your Claim, and before We commence an arbitration, We must first send to You a written notice of Our Claim (a "Notice"). Your Notice must (i) be sent by certified mail; (ii) be addressed to: Legal Department, AKYLADE, LLC, 2151 Consulate Drive, Suite 5, Orlando, FL 32819; (iii) describe the nature of Your Claim; and (iv) specify the damages or other relief You seek. If We and You do not then resolve the Claim within 30 days after We receive Your Notice, either You or We may commence an arbitration to resolve the Claim.
    
    Any such arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with AAA's Consumer Arbitration Rules. Contact information for AAA, as well as copies of the Consumer Arbitration Rules and applicable forms, are available at https://adr.org/. In circumstances in which the Consumer Arbitration Rules provide for an in-person hearing, such hearing will take place in the Orlando, Orange County, Florida. The parties agree that the Federal Arbitration Act ("FAA") 9 U.S.C. § 1 et seq. governs this provision, and it is the intent of the parties that the FAA shall preempt all State laws to the fullest extent permitted by law. Florida law otherwise applies to these legal terms, without regard to choice-of-law principles.
    
    By agreeing to arbitration in accordance with this Section, you are waiving your right to have your dispute heard by a judge or jury.
    
    Each party will be responsible for its own fees and expenses and any legal fees incurred in connection with the arbitration. This does not preclude the arbitrator from granting relieve in accordance with the Federal Arbitration Act.
23. No Assignment by User. You may not assign any of Your rights, obligations, or privileges under this Agreement without the prior written consent of AKYLADE.
24. Severability. If any provision of this Agreement is deemed unlawful, void, or otherwise unenforceable, then that provision shall be considered severable from this Agreement. Such provision shall be enforced to the fullest extent allowed by law to achieve the intention of the parties. The severable provision shall not affect the validity and enforceability of any remaining provisions of the Agreement.
25. Waiver. No waiver of any provision of this Agreement will be effective unless set forth in a written instrument signed by the waiving party. No waiver of any breach or default shall be deemed a waiver of any subsequent breach or default.
26. Captions. The captions, titles, and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.
27. Entire Agreement. This Agreement constitutes the entire agreement between You and Us and supersedes all prior agreements with respect to the subject matter hereof.

AKYLADE Voucher Terms & Conditions

All AKYLADE voucher purchases are final. Please make sure that You have selected the correct exam and the correct number of vouchers.

Voucher Terms and Conditions:

• Voucher expiration dates cannot be extended under any circumstances.
• You must register and take Your exam prior to the voucher expiration date.
• One voucher is applicable towards one exam and is valid at an Examination Facility established and maintained by Certiverse. Only Certiverse vouchers are redeemable at Certiverse centers.
• Vouchers are program specific, and in some cases, exam specific.
• Vouchers are country and currency specific.
• Vouchers are not transferable between programs.
• AKYLADE and the participating test providers are not responsible for lost or stolen vouchers.
• Vouchers cannot be redeemed for cash or credit.
• Vouchers are non-refundable and non-returnable.
• AKYLADE vouchers may not be resold.

Exam Discounts, Vouchers, and Promotional Codes.

AKYLADE recommends that vouchers be purchased directly through Certiverse at www.certiverse.com or from a AKYLADE Authorized Partner. Individuals who use any unauthorized discount or promotional code may have their exam results invalidated and/or risk up to and including a lifetime ban on all future exams and the nullification of all previous certifications. AKYLADE will not replace any voucher that is found to be fraudulent or used.

Using AKYLADE Trademarks.

AKYLADE and AKYLADE's certification program names and logos are registered trademarks of AKYLADE. In order to help protect the integrity of Our programs, AKYLADE asks that those who make reference to Our Marks (as defined below) adhere to the following guidelines:

Trademark Usage and Style Guide for use on the Web and in Print Materials.

The parameters for use of any AKYLADE Marks are as follows:

• Any AKYLADE logo must be accurately shown in proportion and orientation. Distorting or rotating the logo is not permitted.
• Any AKYLADE logo must not be incorporated into any other mark or symbol. It may not be used as a border on or around any item.
• You may not use a AKYLADE logo as part of either Your name or Your company's name.
• The name of any AKYLADE certification must not be without the word ";AKYLADE";. For example: AKYLADE A+ certified, NOT A+ certified; AKYLADE Network+ certification, NOT Network+ certification. Do not remove, alter, manipulate, or distort any element of any AKYLADE Marks in any way.
• No AKYLADE Logo or Trademark may be used as a domain name or as a part of a domain name.
• Do not use any AKYLADE trademark, logo, or symbol, or any potentially confusing variation thereof, in any manner that expresses or implies affiliation, sponsorship, endorsement, or certification by AKYLADE, nor may third-parties use any AKYLADE trademark in such a way that it implies a legal association or partnership between AKYLADE and their company.

Using AKYLADE Trademarks.

AKYLADE and AKYLADE"s certification program names and logos are registered trademarks of AKYLADE. In order to help protect the integrity of Our programs, AKYLADE asks that those who make reference to Our Marks (as defined below) adhere to the following guidelines:

Who Can Use AKYLADE Logos.

How You use any AKYLADE logo reflects both on Our association and Your organization. Only authorized users can use or display a AKYLADE logo and Your use is subject to these terms.

Who is an Authorized User?

To be considered an "authorized user" an individual or company must first submit samples of the proposed use to AKYLADE for review and approval and qualify under one or more of the following categories:

AKYLADE Certified Individuals - An individual who has satisfied one of AKYLADE";s certification test objectives that were in effect at the time that he or she was tested. Authorized users in this category may use the appropriate certified logo for personalized purposes. This includes business cards, correspondence, letterhead, and resumes.

AKYLADE Authorized Training Partners - AKYLADE's Authorized Training Partner program is intended for professional training organizations that deliver training in AKYLADE certifications. AKYLADE provides valuable tools and resources to assist training organizations in recruiting, training, and certifying IT professionals.

Terms of Use.

The authorized user only may use the Marks with respect to the activities within the scope of its qualification as an authorized user that meet all of AKYLADE's applicable standards or requirements with respect to quality, service, and method of operation, or otherwise only in the form and manner AKYLADE prescribes in writing. If an authorized user qualified, they shall immediately cease using all Marks and Mark-bearing promotional materials. Thereafter, they shall no longer use in any manner whatsoever any of the Marks.

The authorized user must comply with all trademark, trade name and service mark notice marking requirements of AKYLADE, including, without limitation, affixing "SM," "TM," or "®," adjacent to all Marks in any and all uses thereof. The use of any additional words with any of the Marks must have AKYLADE's prior written consent. The authorized user shall promptly cease and desist use or publication of any such materials to which AKYLADE shall from time to time object.

The authorized user acknowledges, and will not contest, AKYLADE's exclusive ownership of any of AKYLADE's trade names, service marks and trademarks, and all logos and derivations thereof, and all names and Marks licensed to AKYLADE ("Marks"). In addition, the authorized user acknowledges that it lacks and will not acquire any right to use the Marks other than as specifically set forth in this Agreement and the Candidate Agreement. All uses of the Marks by the authorized user shall automatically inure to the benefit of and become the property of AKYLADE. The authorized user shall not register any Mark or use any Mark in its legal or trade name. Further, the authorized user acknowledges, and will not contest, AKYLADE's exclusive ownership of the Marks or the Information, including, without limitation, all sales literature, certification and examination information and business processes.

Privacy of children.

AKYLADE does not knowingly collect any Personal Information from children under the age of 13. If You are under the age of 13, please do not submit any Personal Information through our Website or Services. We encourage parents and legal guardians to monitor their children's internet usage and to help enforce this Policy by instructing their children never to provide Personal Information through our Website or Services without parental permission. If You have reason to believe that a child under the age of 13 has provided Personal Information to Us through our Website or Services, contact Us by e-mail at legal@akylade.com.

Effective Date: October 1, 2023