MECP. All rights reserved.
By using our Services, you agree to be bound by these Terms, including the policies referenced in these Terms.
You may only use our Services in compliance with these Terms and all applicable laws.
When you create your CTSC account, and subsequently when you use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete. Any use or access by anyone under the age of 13 is prohibited. You agree to follow any policies made available to you while using any of CTSC’s Services.
CTSC offers content (“Content Offerings”) subject matter experts, industry best practices, and other providers (“Content Providers”). While we seek to provide premier Content Offerings unexpected events do occur. CTSC reserves the right to pause, cancel, interrupt, reschedule, or modify any Content Offerings, or change the completion or progress method of any learning content, quiz, or other assessment, either solely, or in accordance with partner instructions. Content Offerings are subject to the Disclaimers and Limitation of Liability sections below.
Unless otherwise explicitly indicated by a credit-granting institution, participation in or completion of Content Offerings does not confer any academic credit. Even if credit is awarded by an institution or organization, it is at their sole discretion. You agree not to accept certification for completing a Content Offering unless you personally have earned a course certificate or other equivalent documentation of your completion of the Content Offering. CTSC, instructors, and the associated Content Providers have no obligation to have Content Offerings recognized by any educational institution or accreditation organization.
Nothing in these Terms or otherwise with respect to your participation in any Content Offerings by Content Providers: (a) establishes any relationship between you and any Content Provider partner; (b) enrolls or registers you in any Content Provider, partner organization, role or other institution, or in any other Content Offering offered by any Content Provider partner; or (c) entitles you to use the resources of any Content Provider partner beyond participation in the Content Offering.
The Services enable you to share your progress through the learning content, quizzes, and exams you submit, and the like (“User Content”), with CTSC, its employees, and/or other users. User Content does not include course content or other materials made available on or placed on to the CTSC platform by or on behalf of Content Providers using the Services or Content Offerings. As between CTSC and Content Providers, such Content Offerings are governed by the relevant agreements in place between CTSC and Content Providers.
To the extent that you provide User Content, you grant CTSC a fully-transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to promote, share, and use the User Content. This license includes granting CTSC the right to authorize Content Providers to use User Content with their registered students, or other learners independent of the Services. Nothing in these Terms shall restrict other legal rights CTSC may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or other policies including our Acceptable Use Policy and Code of Conduct.
We welcome your suggestions, ideas, comments, and other feedback regarding the Services (“Feedback”). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, CTSC does not waive any rights to use similar or related Feedback previously known to CTSC, developed by our employees, contractors, or obtained from other sources.
You may not use our Services: (1) in any way that breaches any applicable law or regulation; (2) in any way that is unlawful or fraudulent, or has an unlawful or fraudulent purpose or effect; (3) for the purpose of harming or attempting to harm any individual or business in any way; (4) to send, receive, upload, download, use or re-use any material which does not comply with these Terms or any applicable Services terms; (5) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam); (6) to create liability for us in any way; (7) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; (8) to interfere with, damage or disrupt any part of CTSC’s website or Services, including any equipment, software, or network; and (9) to reproduce, manipulate, forge, impersonate or represent that you own or are affiliated with this website or CTSC’s Services.
Through the Services, you will have the ability to access and/or use content provided by instructors, other users, and/or other third parties and links to websites and services maintained by third parties. Any third-party content, links or services are the sole responsibility of the entity that makes it available. CTSC does not make any warranties or representations for third-party material and accepts no responsibility for any loss or damage that may arise from using third-party content, links or services. If you decide to access any third-party material, you do this entirely at your own risk. Although we may review content and we may remove or refuse to display content that we reasonably believe violates our policies or the law, we do not certify that all content has been reviewed.
When you access our Services through your mobile device, you acknowledge that your agreement with your mobile network provider (“Mobile Provider”) will apply. You accept responsibility for charges from your Mobile Provider for data services while using certain features of our Services or any such third-party charges that may arise. If you are not the bill payer for the device being used to access our Services, you will be assumed to have received permission from the bill payer for using our Services.
We are constantly changing and improving our Services. We may add or remove functions, features, or requirements, and we may suspend or stop part of our Services altogether. Accordingly, CTSC may terminate or suspend access to our Services immediately, without prior notice or liability, for any reason whatsoever, if you do not comply with these Terms or any terms or policies connected to the Services. We may not be able to deliver the Services to certain regions for various reasons, including due to applicable export control requirements or internet access limitations and restrictions from governments. None of CTSC, its Content Providers and instructors, its contributors, sponsors, and other business partners, and their employees, contractors, and other agents (the “CTSC Parties”) shall have any liability to you for any such action. You can stop using our Services at any time, although we’ll be sorry to see you go.
All provisions of the Terms which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
At times, we may require you to have a password and provide registration details to access our Services. If we do require a password and registration details, the details you provide must be correct, current, and complete. You may not share your account login credentials with anyone else. You are responsible for what happens with your account and CTSC will not intervene in disputes between users who have shared account login credentials. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security) by contacting our Support Team. We may request some information from you to confirm that you are indeed the owner of your account. CTSC will not be liable for any losses caused by any unauthorized use of your account.
Using our Services does not give you any ownership or legal rights to any of our intellectual property or Content you access. You may not use Content unless you obtain permission or are otherwise permitted by law. Do not remove, obscure, or alter any legal notices displayed in or along with our Services.
Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. When you upload, submit, store, send or receive content to or through our Services, you give CTSC (and those we work with) a worldwide license to use, host, copy, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content for any purpose. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services. We will not be responsible, or liable to any third party, for the content or accuracy of any of your submitted materials posted or any other user of our Services. We have the right to remove any material or posting you make through our Services for any reason.
In some of our Services, there are terms or settings that may broaden the scope of our use of the content submitted in those Services and those additional terms become part of your agreement with us if you use those Services.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. For copyright inquiries under the Digital Millennium Copyright Act, please contact CTSC at: Attn: Administrator, Certification Systems Technology Company, 3029 Cody Hill Rd, Nashville, TN 37211 or firstname.lastname@example.org.
THESE SERVICES, THEIR CONTENT, AND THEIR LINKS ARE PROVIDED ON AN “AS IS” BASIS AND ARE USED ONLY AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. CTSC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THESE SERVICES (INCLUDING ITS CONTENT, HARDWARE, SOFTWARE AND LINKS), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY AND FREEDOM FROM COMPUTER VIRUS. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
CTSC’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH CTSC (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SERVICES) IS TO DISCONTINUE YOUR USE OF THE SERVICES. CTSC AND ITS VENDORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THESE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH CTSC. THESE EXCLUSIONS FOR INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST BUSINESS, LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF CTSC HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. IN STATES OR JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, CTSC AND ITS VENDORS’ LIABILITY IN SUCH STATES OR JURISDICTIONS WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. CTSC DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH THESE SERVICES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, THE MAXIMUM LIABILITY OF CTSC WILL BE LIMITED TO, IN THE SOLE DISCRETION OF CTSC, EITHER THE (1) CORRECTION OR DELETION OF ANY INACCURATE CONTENT OR LINK; OR (2) REFUND OF THE AMOUNT YOU PAID US TO USE THESE SERVICES
You agree to defend, indemnify and hold harmless CTSC and its affiliates, officers, directors, employees, agents and contractors from any demands, claims, suits, actions, damages, liabilities, expenses or harms, including attorney’s fees, arising from or related to: (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights; or (d) online conduct, or dealings or transactions with other persons resulting from use of CTSC Services.
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify CTSC and its affiliates, officers, directors, employees, agents and contractors from any demands, claims, suits, actions, damages, liabilities, expenses or harms arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
We may modify these Terms or any additional terms that apply to a Service to reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these Terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
We may update our Services regularly and may change the substance at any time. If the need arises, we may suspend access to our Services, or close them indefinitely. Any of the material on our Services may be out of date at any given time, and we are under no obligation to update such material.
If there is a conflict between these Terms and any additional terms, the additional terms will control for that conflict.
These Terms control the relationship between CTSC and you. They do not create any third-party beneficiary rights.
If it turns out that a particular provision of these Terms is not enforceable, this will not affect any other terms. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have (such as taking action in the future).
The law of the state of Tennessee, USA, without regard to its conflict of laws principles, will govern all matters between you and CTSC with respect to your use of our Services and will apply to any disputes arising out of or relating to these Terms or the Services. You agree to exclusive litigation in Davidson County, Tennessee, USA.
For information about how to contact CTSC, please visit our contact page.
Effective as of January 2021