Legal
Unless otherwise indicated, this Web site and its content are the property of Pearson Education, operating as Pearson IT Certification. Pearson IT Certification is part of the Pearson Education family (collectively "Pearson Education") and/or its subsidiaries, affiliates, or assigns. The site and its contents are protected without limitation, pursuant to U.S. and foreign copyright and trademark laws. By accessing this Web site, you agree to the following terms and conditions. If you do not agree, you have no right or license to access this Web site and you should not do so.
General Terms
1. You are authorized to download one copy of the material on this Web site on one computer for your personal, non-commercial use only. In doing so, you may not remove or in any way alter any trademark, copyright, or other proprietary notice. Except as allowed in the preceding paragraph, you may not modify, copy, distribute, republish, commercially exploit, or upload any of the material on this Web site without prior, written consent from Pearson Education. No intellectual property or other rights in and to this Web site -- other than the limited right to use set forth above -- are transferred to you.
2. PEARSON EDUCATION MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEB SITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS." PEARSON EDUCATION DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE WEB SITE AND ANY WEB SITE WITH WHICH IT IS LINKED. PEARSON EDUCATION ALSO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS WEB SITE -- OR ANY WEB SITE WITH WHICH IT IS LINKED -- IS ACCURATE, COMPLETE, OR CURRENT. It is your responsibility to evaluate the accuracy and completeness of all information, opinions, and other material on this Web site or any Web site with which it is linked. Price information is subject to change without notice.
3. To the fullest extent permitted by applicable laws, Pearson Education and its employees, agents, suppliers, and contractors shall in no event be liable for any claims, charges, demands, damages, liabilities, losses, and expenses of whatever nature and howsoever arising -- including without limitation any compensatory, incidental, direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character -- even if Pearson Education has been advised of the possibility of such damages or losses arising out of or in connection with the use of this Web Site or any Web Site with which it is linked. You assume total responsibility for establishing such procedures for data back up and virus-checking as you consider necessary.
Postings
4. To the extent that portions of this Web Site (such as "chat rooms" or "bulletin boards") provide users an opportunity to post and exchange information, ideas and opinions ("Postings"), BE ADVISED THAT PEARSON EDUCATION HAS NO OBLIGATION TO SCREEN, EDIT, OR REVIEW POSTINGS PRIOR TO THEIR APPEARANCE ON THIS WEB SITE, and Postings do not necessarily reflect the views of Pearson Education. To the fullest extent permitted by applicable laws, Pearson Education shall in no event have any responsibility or liability for the Postings or for any claims, damages, or losses resulting from their use and/or appearance on this Site.
5. Pearson Education reserves the right to monitor all Postings and to remove any which it considers in its absolute discretion to be offensive or otherwise in breach of these terms and conditions.
6. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all material they contain; that your Postings shall not infringe any proprietary or other rights of third parties; that your Postings shall not contain any viruses or other contaminating or destructive devices or features; that your Postings shall not contain any defamatory, indecent, offensive, tortious, or otherwise unlawful material or content; and that your Postings shall not be used to carry out or solicit any unlawful activity and/or be used to make commercial solicitations.
7. You hereby authorize Pearson Education to use and/or authorize others to use all or part of your Postings in any manner, format, or medium that Pearson Education or such other parties see fit. You shall have no claim or other recourse against Pearson Education for infringement of any proprietary right in Postings.
Indemnification
8. You hereby agree to indemnify and hold Pearson Education harmless from and against any and all claims, charges, demands, damages, liabilities, losses, expenses, and liabilities of whatever nature and howsoever arising (including, but not limited to, any legal or other professional fees and the costs of defending or prosecuting any claim, any loss of profit, goodwill, and any other direct or consequential loss), incurred or suffered by Pearson Education -- directly or indirectly -- by reason of any act or omission which you commit in breach of these terms and conditions, and the obligations and warranties contained therein.
Digital Millennium Copyright Act Compliance
If you have any copyright concerns about any materials posted on this site (“Pearson Site”) by others, please let us know. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512). Please provide us with written notice (“Notice”) by contacting our Designated Agent at the following address:
Designated Agent
Pearson Education, Inc.
200 Old Tappan Road
Old Tappan, NJ 07675
Facsimile: 201-785-2721
email: [email protected]
To be effective, the Notice must include the following:
- A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, (“Complaining Party”) of an exclusive right that is allegedly being infringed upon;
- Information reasonably sufficient to permit Pearson Education, Inc. (“Pearson”) to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address;
- Identification of the allegedly infringing material on the Pearson Site (“Infringing Material”), and information reasonably sufficient to permit Pearson to locate such material on the Pearson Site;
- Identification of the copyrighted work claimed to have been infringed upon (“Infringed Material”), or if multiple copyrighted works at a single Pearson Site are covered by a single Notice, a list of each copyrighted work claimed to have been infringed (please be specific as to which Infringing Material is infringing on which Infringed Material);
- A statement that the Complaining Party has a good faith belief that use of Infringing 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 Notice is accurate, and under penalty of perjury, that the Complaining Party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Blogging Terms of Use
THESE TERMS OF USE DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES WHEN BLOGGING ON Pearson IT Certification.com.
1. Acceptance of Terms. Pearson IT Certification.com, including all site-related content and services (collectively, the "Blog") is provided by Pearson IT Certification, a division of Pearson Education, Inc. ("Pearson IT Certification," "Pearson Education," "we," "us"). Your use of the Blog is subject to your compliance with the terms and conditions set forth in this Terms of Use agreement ("Terms of Use"), which supplement any additional guidelines or other terms posted by Pearson IT Certification in relation to specific site-related services or content.
We reserve the right to update or modify the Terms of Use without advance notice by posting a revised Terms of Use to this website. Visitors to the Blog ("you," or "Bloggers") can determine whether the Terms of Use has been modified since your last visit by checking the "Last updated" legend at the top of the Agreement. By using the Blog, you agree to be bound by the version of the Terms of Use then in effect. Pearson IT Certification may deny service to you at any time, including in the event you do not adhere to the Terms of Use.
2. Submissions. We welcome you to post ideas and views to the Blog, subject to your agreement to comply with the Terms of Use. Please be aware that in order to operate the Blog or redistribute materials you post to the Blog or otherwise submit to us, we require certain rights in those materials. So, by posting to the Blog or otherwise transmitting comments, pieces, ideas or other information (collectively, "Submissions") to us, you grant to us and our designees a worldwide, non-exclusive, sublicenseable, assignable, royalty-free, perpetual, irrevocable right (including any moral rights) and license to use, reproduce, distribute, create derivative works based on, perform and display such Submissions (in whole or in part) in any media now known or hereafter developed, for any purpose whatsoever, without compensation to you or any other provider of the Submissions. You also permit any Blogger to access, display, view, store and reproduce such Submissions for personal use.
You acknowledge that to the extent that you include personally identifiable information in Submissions, we may republish such information as part of the content. If we republish your content, we may provide authorship credit by listing your name as well.
Although Pearson IT Certification has no obligation to monitor the Submissions, you acknowledge and agree that we may do one or all of the following: (a) monitor the Submissions; (b) alter, edit, or remove any Submission; or (c) disclose any Submissions. This section will survive any termination or expiration of these Terms of Use.
3. Blog Community Rules. We have adopted the "Blog Community Rules" set forth below to create a forum where information and views can be shared in a productive way. While using the Blog, you agree to adhere to the Blog Community Rules below.
You agree to:
- Respect other Bloggers — please do not threaten, insult, abuse, intimidate or harass other Blog users.
You agree not to:
- Post any messages that violate non-disclosure agreements or reveal proprietary information.
- Post any private information or otherwise harvest, collect or disclose information, about another Blogger without his or her express consent.
- Post any content to the Blog that is unlawful, racist, hateful, libelous, defamatory, obscene, or that intentionally discriminates against or harasses particular individuals or groups.
- Post any content to the Blog that infringes any third-party's intellectual property or other rights.
- Use the Blog for any unlawful purpose, or transmit or otherwise make available in connection with the Blog any material that would give rise to criminal or civil liability.
- Use the Blog for advertisements, chain letters, "spamming," survey solicitations, junk mail or solicitations.
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity.
- Transmit any harmful, invasive or disruptive code or other materials (such as viruses, worms or web bugs) through or to the Blog, or otherwise "hack" or deface any portion of the Blog.
- Frame or mirror any part of the Blog without our prior written authorization.
You acknowledge that Pearson IT Certification has the right, but not the obligation, to modify or remove, any Submissions that violate the Blog Community Rules or that otherwise violate the Terms of Use.
4. Proprietary Rights. You acknowledge and agree that the information and materials presented on or through the Blog will remain the property of Pearson IT Certification and its licensors or providers, and are protected by copyright, trademark, patent, and/or other proprietary rights and related laws, rules and regulations. The materials produced by Pearson IT Certification and Pearson Education (including books, chapters from books, articles, photographs, graphics, video and audio content) are protected by copyright under the copyright laws of the United States and other countries. All individual articles and content produced by Pearson IT Certification and Pearson Education are also copyrighted works. You agree to abide by all additional copyright notices or restrictions contained in any materials produced by Pearson IT Certification and Pearson Education.
The trademarks, service marks, logos and trade names displayed on the Blog (collectively the "Marks") are the registered and unregistered trademarks of Pearson Education, and its licensors and suppliers and certain third parties. All Marks on the Blog not owned by Pearson Education are the property of their respective owners. The Marks owned by Pearson Education, whether registered or unregistered, may not be used in connection with any product or service that is not Pearson IT Certification's or Pearson Education's.
5. Information Available on or Through the Blog. Some information made available on or through the Blog is provided by third parties (such as news services) or other Bloggers (such information, "Third-Party Content"). The inclusion or appearance of Third-Party Content on the Blog does not indicate any approval or endorsement by Pearson IT Certification. Pearson IT Certification is not responsible for, and hereby disclaims any and all liability that may arise from Third-Party Content.
6. Links. The Blog provides links to other websites and resources. Because Pearson IT Certification has no control over these sites and resources, you acknowledge and agree that Pearson IT Certification does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Pearson IT Certification is providing these links to you only as a convenience. Pearson IT Certification has the right, but not the obligation to block links from or to the Blog at any time.
8. Privacy Policy. All information provided by you or collected by us during visits to the Blog is governed by Pearson IT Certification's Privacy Policy, which is hereby incorporated into the Terms of Use by this reference.
Please be aware that if you decide to disclose personally identifiable information on the Blog, this information may become public. Pearson IT Certification does not control the acts of other visitors to the Blog, so please be cautious when deciding to reveal personal information on the Blog. If you believe a Blogger is improperly collecting or using information about you or other users, please contact us at [email protected] IT Certification.com.
9. Jurisdictional Issues. The Blog is controlled and operated by Pearson IT Certification and these Terms of Use shall be governed by the laws of the state of New York, and is not intended to subject Pearson IT Certification to the laws or jurisdiction of any other state, country or territory.
10. Termination. You agree that Pearson IT Certification, in its sole discretion, may terminate your use of the Blog or any part thereof, at any time and for any reason, including if Pearson IT Certification believes that you have violated or acted inconsistently with the spirit of the Terms of Use. Further, you agree that Pearson IT Certification will not be liable to you or any third party for any termination of your access to the Blog.
10. Disclaimer. The Blog may include inadvertent inaccuracies or errors, or information or materials that violate the Terms of Use (including the Blog Community Rules). Additionally, the possibility exists that a third party could make unauthorized alterations to the Blog. Although we attempt to ensure the integrity of the Blog, we make no guarantees as to its completeness or correctness. In the event that a situation arises in which the Blog's completeness or correctness is in question, please contact us with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Blog, as well as information sufficient to enable us to contact you.
11. Miscellaneous. These Terms of Use is governed by and construed in accordance with the laws of the state of New York, United States of America, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of any court located in the jurisdiction of the state of New York, County of New York, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts, in any matter arising out of or related to the Blog or these Terms of Use. If any provision of these Terms of Use is found to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. Pearson IT Certification may assign its rights and obligations under these Terms of Use. These, together with all policies referred to herein, is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter.