Codetrained.com General Terms & Conditions of Tests
Last Updated :March 27, 2019
Please review the Codetrained.com General Terms & Conditions of tests.
TERMS & CONDITIONS OF TESTS
By establishing an account with CODE and by purchasing an online test the candidate agrees to and accepts the terms and conditions of this “Test User Agreement” (“Agreement”).
Understanding of Terms and Condition for Use of Tests
You acknowledge and agree that You have read and understand all the terms of this Agreement, and You agree to be bound by its terms and conditions. If at any time, you can no longer comply with Your duties and obligations under this Agreement, You agree to voluntarily terminate your use of tests and inform CODE of your voluntary termination at CODE’s e-mail address: email@example.com
Scope of Agreement
For each test credit you purchase, CODE grants the candidate a nontransferable, and non-exclusive right and authorization for the limited purpose of administration to one (1) person an assessment instrument or test and related products (collectively “Test”) supplied by CODE.
Confidentiality and Agreements
Computer Equipment or Online Internet Failures
The candidate is responsible for maintenance of their computer equipment and assuring an appropriate internet connection (if the same is used). CODE is not responsible for any equipment or Internet connection failures, viruses, or the inability to access tests or scoring of tests due to equipment or Internet connection failures.
Test Discounts, Vouchers, and Promotional Codes
CODE does not guarantee the authenticity of discount vouchers or promotional codes that are obtained from any individuals or entities other than CODE. Individuals or CODE affiliated partners who use certification discount vouchers or promotional codes that are fraudulent or otherwise obtained from an unauthorized source (including legitimate vouchers for attempted re-use) may risk up to and including a lifetime ban on all future test, the nullification of all previous certifications or other program sanctions at the discretion of CODE. CODE will not compensate candidates for fraudulent vouchers or vouchers obtained from an unauthorized source.
Preliminary Score Report
The score report notifies candidates that regardless of pass or fail results, an test score may be revised anytime after testing, if there is evidence of misconduct, scoring inaccuracies, or aberrant response patterns.
The policies for retaking test are as follows:
- Candidates may retake each test module as needed and within 90 days until a passing score is obtained.
- Candidates who fail a test module must watch the specific video again before retaking the attendant test. Once passed, a candidate may advance to the next test module in the series, if required.
- Candidates have 90 days from date of purchase to complete certification training.
Limited Warranties and Limitation on Liability
If any test provided to you is found to be defective, CODE will replace such test within sixty days after your purchase. CODE makes no other warranties, express or implied, and specifically disclaims other warranties, including (without limitation) any warranty of merchantability or fitness for a particular purpose. CODE shall not be liable for any indirect, incidental, special or consequential damages or loss, whether such damages are based upon a breach of express or implied warranties, breach of contract, negligence, strict tort, or any other legal theory arising out of the candidate’s use, or failure to use a test. This is true even CODE is advised of the possibility of such damages. CODE is not liable for the use, interpretation or implementation of test results. In no case will CODE’s liability exceed the amount of the test(s) purchase price. Some Jurisdictions do not allow the exclusion of implied warranties, so the warranty language above may not apply to the candidate. In such a case, the above limitation of remedies provision shall still apply.
You hereby indemnify and agree to hold CODE harmless from, and against, all claims, demands, cost (including reasonable attorney fees and court costs) and causes of action of any type or nature, in law or equity, which arise from your use, interpretation or implementation of test results. This indemnification shall survive the termination of the conditions of this Agreement.
Every provision of this Agreement is intended to be severable. If any term or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this Agreement.
Governing Law and Jurisdiction
This Agreement shall be governed by, interpreted under, and construed and enforced in accordance with the laws of the State of Georgia, without giving effect to the conflicts of laws and rules thereof, in accordance with its fair meaning, and neither for nor against the drafting party. The parties agree that any litigation or arbitration arising from the interpretation or enforcement of this Agreement shall be either in Cobb County Superior Court or in the United States Federal District Court for the District of Georgia, and for this purpose each party to this Agreement (and each person who shall become a party) hereby expressly and irrevocably consents to the jurisdiction of such courts.
Entire Agreement: Limitations on Modification or Waiver
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior understandings, if any, with respect thereto. No benefit is conferred under this Agreement on any person, firm, or corporation other than the parties to this Agreement. No representation, warranty, or agreement herein may be relied upon by any person not a party to this Agreement. There are no oral promises, conditions, representations, understandings, interpretations, or terms of any kind between the parties, except as may otherwise be expressly provided herein. No modification or waiver of any term of this Agreement shall be effective against CODE unless it is in writing and signed by CODE.