PRODUCTS

CONDITIONS OF USE
Pearson VUE, a business of NCS Pearson, Inc., has established the IBM Certification Marketplace website. NCS Pearson, Inc., and/or its affiliates ("Pearson VUE", "we", "our" or "us") provide this website and services expressly subject to the following terms and conditions ("Terms"). We may change or modify these Terms from time to time. If a modification or change is unacceptable to you, you may terminate this agreement by ceasing to use the website. Please review these Terms to ensure they acceptable to you. Any use by you of this website constitutes your agreement to be bound by the Terms.

PRIVACY
Please review our Privacy & Cookies Policy which also governs your use of this website to understand our practices. You acknowledge and agree to the use of your data in accordance with the privacy policy.

ELECTRONIC COMMUNICATIONS
When you use or visit this website or send e-mails to us, you are communicating with us electronically and you therefore expressly consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

LICENSE AND SITE ACCESS
Pearson VUE grants you a limited license to access and make personal use of this site, subject to the Terms. This site and any portion hereof may not be reproduced, duplicated, copied, downloaded (other than page caching), sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Pearson VUE. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout and form) of Pearson VUE and/or its affiliates without the express written consent of Pearson VUE. You may not use any meta tags or any other "hidden text" utilizing Pearson VUE's name or Marks without the express written consent of Pearson VUE. Any unauthorized use terminates the license granted by Pearson VUE.

COMPUTER VIRUSES
While it is very unlikely to occur, Pearson VUE is not responsible for any damage to data, software, computer, telecommunications or other equipment (including damage caused by virus transmission) that you may experience as a result of visiting this website or any of its links.

YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use this website only with involvement of a parent or guardian. Pearson VUE reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Any third party may be allowed to post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." Pearson VUE reserves the right (but not the obligation) to remove or edit such content. You acknowledge, agree and understand that Pearson VUE does not regularly review posted content on the website.

If you do post content or submit material, and unless Pearson VUE agrees in an executed signed writing otherwise, you grant Pearson VUE a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Pearson VUE and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Pearson VUE for all claims resulting from content you supply. Pearson VUE has the right but not the obligation to monitor and edit or remove any activity or content. Pearson VUE takes no responsibility and assumes no liability for any content posted by you or any third party.

DISCLAIMER OF WARRANTIES
Pearson VUE gives notice that all information contained within the site is subject to alteration with or without notice. While we attempt to ensure the accuracy of all information contained within this website is correct at the time of publication, all details (including specifications, dates, prices, etc.) are subject to change.

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY PEARSON VUE ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY. PEARSON VUE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

YOU EXPRESSLY UNDERSTAND AN AGREE THAT YOUR USE OF THE WEBSITE AND CONTENT IS AT YOUR SOLE RISK AND YOU ASSUME ALL RISK ASSOCIATED WITH YOUR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO DAMAGE TO YOUR COMPUTER OR ANY OTHER EQUIPMENT.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PEARSON VUE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PEARSON VUE DOES NOT WARRANT THAT THIS SITE, INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, ITS SERVERS, OR E-MAIL, WHETHER SENT FROM PEARSON VUE OR OTHERWISE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PEARSON VUE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

NO ADVICE, BLOGS, OR ANY OTHER INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

Our website should only be used for information purposes and is not intended to constitute advice in any specific situation and should not be relied upon in making, or refraining from making, any decision. You should not rely on our website to make (or refrain from making) any decisions or take (or refrain from taking) any action.

LIMITATION OF LIABILITY
Notwithstanding anything contained in this Agreement, in no event shall Pearson VUE be liable to you for losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defense or settlement costs) whatsoever, arising out of, or related to, material on our website or the use of, inability to use, whether in contract, tort including negligence, statute or any other theory) even if Pearson VUE has been advised or has knowledge of the possibility of the potential loss or damage in advance or otherwise. Liability of Pearson VUE for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the supply of the goods or services again or the cash equivalent, in Pearson VUE's sole opinion.

COPYRIGHT AND TRADEMARKS
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, services names, trademarks, registered trademarks, trade dress and software, is the property of Pearson VUE or licensors ("Pearson VUE Content") and protected by United States and international copyright, trademark, service marks, patents and any other domestic or international intellectual property laws. You acknowledge and agree that all such Pearson VUE Content is the property of Pearson VUE or licensors. Pearson VUE and its licensors retain all proprietary rights in such Pearson VUE Content and you may not download, copy, reproduce, modify, distribute, republish, display, post or transmit any part of this website without our express permission in writing

JURISDICTION
The Terms are governed by and shall be interpreted pursuant to the internal laws of the state of Minnesota, U.S.A, without giving effect to the principles of conflicts law thereof and you consent to the jurisdiction and venue of the state and federal courts of Minnesota, Hennepin County.

CHANGES TO OUR WEBSITE TERMS & CONDITIONS
We reserve the right to add or change these Terms. Any changes will be posted to this page and it is your responsibility as a user to ensure that you are aware of any such changes from time to time.

THIRD PARTY WEBSITES
Any links provided to third party websites, or information supplied about third parties (third party information) on NCS Pearson's websites are supplied as a convenience. Linked sites are not under the control of NCS Pearson; and NCS Pearson is not responsible for any third party linked sites, the contents of such sites, any use of the same, or for third party information. The inclusion of a link or third party information does not imply endorsement by NCS Pearson of the linked site or third party information, any organization or person associated with the linked site or third party information, or any products or services offered or marketed through the linked site or by the third party.

COMPLETE AGREEMENT
The Terms constitute the whole legal agreement between you and NCS Pearson and govern your use of the website and any content and completely replace and supersede any prior agreements between you and Pearson VUE, whether written or oral, in relation to the website or any service thereof.

SEVERABILITY
If a provision of this Section is found to be invalid, illegal or unenforceable in any respect, the court may modify it to make such provision enforceable or in the alternative remove it without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.