Certification Practice

TERMS OF USE

Last updated: Nov 06, 2025

ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF USE

PLEASE READ THE FOLLOWING TERMS OF USE AGREEMENT CAREFULLY. BY ACCESSING OR USING CERTIFICATIONPRACTICE.COM (THE "SITE") OR USING ANY PRACTICE EXAMS, QUESTION BANKS, STUDY CONTENT, EXPLANATORY OUTPUTS FROM THE "EXPLAIN MORE WITH AI" FEATURE, ANALYTICS, OR ANY OTHER SERVICES OFFERED (COLLECTIVELY, THE "SERVICE") YOU HEREBY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE OR OUR SERVICES.

By using our Service, regardless of how you access it, by computer, or through a mobile phone or other wireless or internet enabled device (each a "Device") or otherwise, you agree to the following terms and conditions. You may continue to use Certification Practice Service as long as you adhere to these Terms of Use. These terms and conditions (this "Agreement" or "Terms") is a legal agreement between you and Certification Practice (hereinafter "Certification Practice" or "we", "us" or "our", as applicable), for use of the Site.

Overview

Certification Practice offers this Site as a platform for users to prepare for certification exams by accessing practice exams, question banks, explanations, analytics, study plans, and related tools, including an "Explain More with AI" feature that provides additional explanations for study purposes. The Site, including all information, tools, features, and services available from this Site to you, the user, is conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our Site, using practice exams, using the 'Explain More with AI' feature for additional explanations, or using any of our features or tools, you engage in our "Service" and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. You acknowledge and agree that you are responsible for your use of the Service and any study materials you create or generate using the Service. If you do not agree to all the Terms of this Agreement, then you may not access the Site or use any Service.

We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

Age Requirements

By accessing the Services, you confirm that you are at least 13 years old and meet the minimum age of digital consent in your country. If you are under 13 years old, you are not authorized to use the Services unless your parent or guardian agrees to our terms on your behalf.

All children under the age of 18 will need to be supervised the entire time using or accessing Certification Practice and parents and guardians need to agree to terms of use. IF YOUR parents and guardians DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THE SITE.

Please ask your parent or guardian to read these terms with you. If you are a parent or legal guardian, and you allow your child to use the Services, then these terms also apply to you and you are responsible for your child's activity on the Services.

General Terms

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferrable, non-assignable, revocable license to use the Service. A breach or violation of any of the Terms will result in an immediate termination of your right to use our Service.

By using the Site, you represent that you are at least the age of majority in your jurisdiction of residence.

You may not use our products or Site for any illegal or unauthorized purpose nor may you, in the use of our products or Site, violate any laws in your jurisdiction.

We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:

  • Restrict, suspend or terminate your access to all or any part of our Site;
  • Change, suspend or discontinue all or any part of our products or Site;
  • Refuse, move, or remove any content that is available on all or any part of our Site;
  • Deactivate or delete your account;
  • Establish general practices and limits concerning use of our Site; and
  • Rescind or modify the terms of your ability to pursue Commercial Use of the Site.

You agree that we will not be liable to you or any third party for taking any of these actions.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the Site, without express written permission by us. You may not transmit any worms or viruses or any code of a destructive nature. You also agree not to access or attempt to access our Services through any means other than through the interface (whether website or API) which is provided by Certification Practice for use in accessing our Services. You further agree not to interfere with or disrupt any Certification Practice Services, servers and/or networks that may be connected or related to our Site, including, but not limited to, by the use of any device software and/or routine to bypass any robot exclusion headers. You agree not to alter or change the Site in any manner, nature or form, and as such, not to use any modified versions of the Site, including and without limitation, for the purpose of obtaining unauthorized access to our Services.

RESTRICTION ON USE OF CONTENT

You acknowledge that the Service may contain information, software, photos, video, text, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. The Content, taken together in its entirety, is protected under U.S. copyright laws as a collective work, and we own a copyright in the selection, coordination, arrangement and enhancement of such Content.

Modification of the Content or use of the Content for any purpose other than for your use of the Service, including use of any such Content on any other web site or networked computer environment, is strictly prohibited. Except as otherwise expressly authorized in writing in advance by us, you agree not to reproduce, redistribute, sell, modify, rent, lease, loan, adapt, translate, create derivative works based (whether in whole or in part) on, decompile, reverse engineer, disassemble, or otherwise reduce all or any part of the Service, including the Content.

MATERIALS SUBMITTED THROUGH THE SERVICE

You are solely responsible for any data, text, software, sound files, images, photographs, graphics, video, messages, files, notes, comments, answers, custom study content (including any user-authored practice questions), discussion posts, files you upload, inputs you submit to the 'Explain More with AI' feature, explanatory outputs from that feature ("AI Explanations"), or any other materials (collectively, "Materials") that are transmitted, posted, or distributed by you through the Service. This includes, without limitation, the contents of your communications, information, reviews, user ratings, and any content posted, generated, or sent by you to or through the Service. All Materials posted, generated, or sent by you are your sole responsibility.

  1. You own or have all necessary rights, licenses, consents, and permissions to submit the Materials and to grant the licenses set forth in these Terms, and your Materials do not include confidential or proprietary information of a third party that you are not authorized to share.
  2. Your Materials do not include actual certification exam content (including exam questions, answers, or recalled "brain-dump" content), and do not violate exam program policies, non-disclosure obligations, or testing security requirements.
  3. For content produced via the 'Explain More with AI' feature, you have the right to use any inputs you provide to that feature, you understand that AI Explanations may be inaccurate or incomplete, and you will independently review and verify outputs before relying on them.
  4. If your Materials contain personal data, you have provided any notices and obtained any consents required by applicable law, and your submission and use of such data via the Service complies with our policies and applicable privacy and data-protection laws.
  5. Your Materials, and your use of the Service, comply with all applicable laws and these Terms, including academic honesty obligations; you will not use the Service to cheat, misrepresent performance, or facilitate academic dishonesty.

Certification Practice does not control Materials posted or generated by users and does not guarantee the accuracy, integrity, quality, or appropriateness of such Materials. You understand and agree that you may be exposed to Materials from other users that may be offensive, indecent, or objectionable.

UNDER NO CIRCUMSTANCES WILL CERTIFICATION PRACTICE BE LIABLE IN ANY WAY FOR ANY MATERIALS POSTED, GENERATED, OR CREATED BY ANY USER OR THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR ANY ERRORS OR OMISSIONS IN ANY MATERIALS, ANY UNINTENDED RESULTS FROM AI EXPLANATIONS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, GENERATED, EMAILED OR OTHERWISE TRANSMITTED VIA THE SERVICE.

By submitting or generating Materials through the Service, you automatically grant to Certification Practice and its successors and assigns a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and sublicensable license to host, store, use, reproduce, modify, create derivative works (such as reformatting or display adaptations), publish, distribute, publicly perform, and publicly display the Materials for the limited purposes of operating, providing, protecting, and improving the Service (including moderation and enforcement), developing new features, and producing de-identified or aggregated insights. This includes the right to use anonymized inputs and outputs from the 'Explain More with AI' feature to improve and train our models and services. Our processing of any personal data within the Materials is subject to our Privacy Policy.

You acknowledge and agree that (a) we reserve the right (but have no obligation) to evaluate, monitor, and moderate Materials before or after posting; and (b) we may do one or more of the following, at our sole discretion: (i) monitor the submission of Materials; (ii) alter, remove, or refuse to post or allow to be posted or stored any Materials; and/or (iii) disclose any Materials or any communication through the Service, and the circumstances surrounding the transmission thereof, to (1) any third party as permitted in Certification Practice's Privacy and Data Use Policy; (2) comply with applicable laws; (3) respond to governmental inquiries or requests; (4) comply with valid legal process; (5) protect the rights, privacy, safety or property of Certification Practice, Service visitors or the public; (6) permit us to pursue available remedies or limit damages we may sustain; and/or (7) enforce these Terms of Use. We may impose storage limits and have no obligation to retain Materials for any period of time.

Conduct

You agree not to use the Site, our services and features (including the 'Explain More with AI' feature), our platform, or derivatives thereof to:

  • Infringe upon the intellectual property rights of any third party;
  • Violate any applicable law or regulation, or any certification exam program policies, NDAs, or testing security requirements;
  • Upload, post, distribute, solicit, or use Certification Practice proprietary content (including our practice questions, explanations, AI Explanations from the 'Explain More with AI' feature, analytics, or other study materials) without our prior written permission;
  • Reverse engineer, decompile, disassemble, probe, or circumvent security, access controls, rate limits, usage caps, timers, or anti-cheat mechanisms;
  • Impersonate or attempt to impersonate others, or misrepresent your affiliation with Certification Practice or any certification body;
  • Generate or disseminate personally identifying or identifiable information except as necessary and lawful for legitimate use of the platform and in compliance with applicable laws and our policies;
  • Share, sell, transfer, or allow others to use your account, credentials, or subscription entitlements;
  • Send spam, bulk, or unsolicited messages or any unauthorized commercial communications through the platform;
  • Exceed usage limits associated with your plan or abuse rate limits, APIs, or platform quotas;
  • Collect or store personal information of others except as necessary for legitimate study purposes and in compliance with applicable laws and our policies; or share or sell other users' information to third parties;
  • Use platform content (including, without limitation, questions, explanations, AI Explanations from the 'Explain More with AI' feature, analytics, UI text and copy, page content, or any other Certification Practice materials) to create derivative databases or to train models without our prior written permission;
  • Use the platform for content unrelated to exam preparation or study.

You are responsible for protecting any personal information you input into the platform. If you collect information about others, you must obtain appropriate consent and use it solely for lawful, legitimate study and collaboration purposes in compliance with applicable privacy and data-protection laws and our policies.

Commercial Use

"Commercial Use" means any use case intended to generate direct or indirect financial gain. You must obtain Certification Practice's prior written permission before using the Site, the Service, or any Certification Practice content (including, without limitation, questions, explanations, AI Explanations from the 'Explain More with AI' feature, analytics, UI text and copy, page content, or other materials) for any Commercial Use.

For certification practice platform usage:

  • Personal plans are intended for individual, non-commercial exam preparation
  • Business plans are required for any corporate training, institutional education, or commercial tutoring use
  • Content produced by the 'Explain More with AI' feature (e.g., explanations) may be used only within your organization or personal study and not separately republished, resold, or otherwise commercialized without appropriate plan permissions
  • Commercial usage includes, but is not limited to, training services, tutoring businesses, and paid educational programs

Any Commercial Use of the Site inconsistent with the Conduct section or the rest of these Terms is prohibited.

Plans and Pricing

Certification Practice sells individual practice exams and multi‑exam bundles. Your purchase grants you a limited license to access the specific exam(s) identified at checkout; bundles include the specific exams listed on the product page. Entitlements (for example, the number of included exam attempts or features) are as described on the Site at the time of purchase.

  • Dynamic pricing and sales: Prices are determined dynamically (including day‑specific sales) and may vary over time. The price shown at checkout is controlling and reflects any applicable sale pricing.
  • Free access and promotional access: From time to time, we may allow limited free access to part or all of an exam or related features at our sole discretion. The scope, duration, eligibility, included content (including whether access covers a subset of questions or the full exam), and functionality may vary and may exclude or restrict certain features. All such free access is subject to change or discontinuation at any time without notice. We may impose per‑user, per‑account, per‑device, time, and usage limits, and may revoke or deny free access for suspected abuse, misuse, or policy violations. Free access does not entitle you to any particular features, continued availability, or any refund/credit; full functionality or detailed results may require purchase as described on the Site.
  • One‑time purchases: Checkout is processed as a one‑time payment (no auto‑renewal). Taxes and governmental charges may be added where applicable.
  • Payment processing: Payments are processed by our third‑party provider (e.g., Stripe). By purchasing, you authorize the charge to your selected payment method in the amount shown at checkout.
  • Refunds: We offer a limited “Didn’t Pass” refund only for the 6‑Exam Bundle. To be eligible, you must request the refund within 30 days of purchase and demonstrate that you did not pass the corresponding certification exam by submitting sufficient proof (for example, the official score report) and any additional documentation we reasonably request. We may deny or revoke a refund where we suspect fraud, abuse, or misuse, at our sole discretion and without obligation to provide further explanation. This guarantee is limited to one (1) 6‑Exam Bundle refund per customer per calendar year. Except as expressly provided above or required by law, all other sales are final and fees are non‑refundable. We may correct pricing errors and cancel an order with a full refund.
  • Content accuracy and availability: Our practice content may experience delays while we update to align with the latest official certification exam requirements. We make reasonable, good‑faith efforts to keep content current and available, but we cannot guarantee uninterrupted access or real‑time accuracy. You are responsible for verifying requirements and details with the official exam sources and should not rely solely on our materials.

Current product and bundle descriptions, prices, and any sale terms are published on our Site and may change from time to time.

Account Usage and Restrictions

Accounts are issued to a single named individual and are non‑transferable. Your use is subject to plan‑ and product‑specific limits and these Terms.

  • Single‑user access: Credentials may not be shared, sold, or transferred. Access rights and any exam or bundle entitlements are tied to the purchasing account and may not be split across accounts.
  • Entitlements and limits: Your purchase or plan may include limits (for example, number of exam attempts, question visibility, AI Explanations usage, time limits, or rate limits). Trial access is limited; full results and unrestricted access require purchase, as described on the Site.
  • Concurrency and devices: We may limit concurrent sessions or devices and use reasonable measures to detect sharing or abuse consistent with our Privacy Policy.
  • No automation or circumvention: You may not use bots, scripts, scraping, or other automated means to access content, nor may you bypass or interfere with access controls, timers, usage caps, rate limits, or anti‑cheat mechanisms (see Conduct).
  • Business/Team seats: Each purchased seat is for a single individual. Seat assignment and compliance are the purchaser’s responsibility; sharing or pooling seats is not permitted unless expressly allowed by your plan.
  • Account security and responsibility: You are responsible for all activity under your account. Keep credentials confidential and notify us promptly of any suspected compromise.
  • Refunds/chargebacks and access: If a purchase is refunded or subject to a chargeback, related entitlements will be revoked; access to any refunded exams will be terminated; and any exam data history or account data history may be deleted. You may not be able to access your account or the exams while we finalize the refund or chargeback review and resolution.
  • Verification and enforcement: We may require reasonable verification of identity or eligibility, and may suspend or terminate access for suspected misuse or violations of these Terms.

We may update or enforce reasonable technical limits on account usage at any time to protect the Service and our content.

Indemnity

You acknowledge, understand, and agree to release, defend, indemnify and hold harmless Certification Practice, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors for any claims, damages, costs, liabilities and expenses of every kind and nature (including, but not limited to, reasonable attorneys' fees) arising out of or related to:

  • Your use of Certification Practice Services or your conduct in connection with these Services
  • Your violations of the Terms and/or your violation of any such rights of another person
  • Your use or inability to use Site
  • Your breach or alleged breach of these Terms or of any representation or warranty contained herein
  • Your use of content in such a way that violates any rights of another party
  • The content, answers, explanations, and study materials you create using our platform
  • Your collection, storage, and use of personal information
  • Any content you obtain from the 'Explain More with AI' feature and its usage
  • Any claims arising from the distribution or sharing of your study materials
  • Any unauthorized or improper use of personal data
  • Any violations of applicable data protection or privacy laws related to your platform usage

You further acknowledge that explanatory outputs produced by the 'Explain More with AI' feature may be inaccurate or incomplete. We do not accept any responsibility for, or guarantee the accuracy, integrity, quality, or content of, any such outputs. You acknowledge, understand, and agree that you are solely responsible for your use of the content, study materials, and data.

Termination and Modification of Service

Certification Practice may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your access to any of our Services or your license to use our Services for any reason, at any time, without notice to you and without obligation to provide reasons or explanations to you. The cause for such termination, discontinuance, suspension and/or limitation of access may include, but is not limited to:

  • any breach or violation of our Terms or any other incorporated agreement, regulation and/or guideline;
  • at the request of law enforcement or any other governmental agencies;
  • the discontinuance, alteration and/or material modification to our Services, or any part thereof;
  • unexpected technical or security issues and/or problems;
  • any engagement by you in any fraudulent or illegal activities;
  • any suspected or unusual activity, misuse, or abuse on your account or on our Site; and/or
  • the nonpayment of any associated fees that may be owed by you in connection with your use of the Services.

We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: (a) modify or discontinue the Service, including, but not limited to (i) restricting the time the Service is available, (ii) restricting the amount of use of the Service permitted, and (iii) restricting or terminating any user's right to use the Service, with or without notice and without obligation to provide reasons or explanations; (b) charge fees in connection with the use of the Service; (c) modify and/or waive any fees charged in connection with the Service; and/or (d) offer opportunities to some or all users of the Service. You agree that neither we nor any of our affiliates shall be liable to you or to any third party for any modification, suspension or discontinuance of the Service, in whole or in part, or of any service, content or feature offered through the Service.

Links To Third Party Sites

Furthermore, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third-party sites or resources. Furthermore, you acknowledge and agree that Certification Practice shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.

Warranty Disclaimers

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

THE USE OF CERTIFICATION PRACTICE SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. CERTIFICATION PRACTICE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

CERTIFICATION PRACTICE AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) CERTIFICATION PRACTICE SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) CERTIFICATION PRACTICE SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE CERTIFICATION PRACTICE SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.

ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF CERTIFICATION PRACTICE SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.

NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM CERTIFICATION PRACTICE OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY.

THE MATERIALS ARE PROVIDED SOLELY AS SUPPLEMENTAL STUDY AIDS AND ARE NOT A SUBSTITUTE FOR OFFICIAL CURRICULA, EXAM GUIDES, OR RECOMMENDATIONS FROM THE RELEVANT CERTIFICATION BODIES. WE USE REASONABLE EFFORTS TO DEVELOP STUDY MATERIALS INTENDED TO BE HELPFUL. RESULTS DEPEND ON YOUR INDIVIDUAL PREPARATION, EXPERIENCE, AND USE OF OFFICIAL RESOURCES, AND NO SPECIFIC OUTCOME IS PROMISED, INCLUDING WHETHER YOU WILL PASS ANY OFFICIAL CERTIFICATION EXAM. YOU SHOULD CONSULT AND RELY ON THE OFFICIAL EXAM OBJECTIVES, POLICIES, AND STUDY MATERIALS PUBLISHED BY THE ISSUING ORGANIZATION.

Limitation of Liability

YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT CERTIFICATION PRACTICE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:

  • THE USE OR INABILITY TO USE OUR SERVICE;
  • THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
  • UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
  • STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
  • FAILURE TO PASS ANY CERTIFICATION EXAM, OR ANY COSTS, FEES, PENALTIES, OR LOSSES ASSOCIATED WITH EXAM REGISTRATION, SCHEDULING, RESCHEDULING, CANCELLATION, TRAVEL, PREPARATION, OR RETAKES;
  • AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

Notice

Certification Practice may furnish you with notices, including those with regards to any changes to the Terms, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the Terms by accessing our Services in an unauthorized manner. Your acceptance of this Agreement constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner. For changes to these Terms of Use, posting the updated version on the Service and updating the "Last Updated" legend constitutes notice, and we have no obligation to provide additional, separate notice.

Entire Agreement

This Agreement constitutes the entire agreement between you and Certification Practice and shall govern the use of our Services, superseding any prior version of this Agreement between you and us with respect to Certification Practice Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Certification Practice Services.

MANDATORY ARBITRATION; WAIVER OF CLASS ACTIONS; DISPUTES

Agreement to Arbitrate.

All disputes arising out of or relating to your use of the Service, any purchase you make, any information you provide, these Terms of Use (including the formation, performance or alleged breach), and your use of the Service will be exclusively resolved under confidential binding arbitration in accordance with the Rules of the American Arbitration Association ("AAA"), including the AAA's Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules") then in effect at the time of the dispute.

The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. If you initiate arbitration, we will promptly reimburse you for any standard filing fee which may have been required under AAA Rules once you have notified us in writing and provided a copy of the arbitration proceedings. However, if Certification Practice is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys' fees and costs to Certification Practice. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum. The arbitration will be conducted in the city of Atlanta, Georgia, but may proceed telephonically if the claimant so chooses.

The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use may be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, we will have the right to seek injunctive or other equitable relief in state or federal court located to enforce these Terms of Use or prevent an infringement of a third party's rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.

NO CLASS ACTIONS.

Any disputes arising out of or relating to your use of the Service, any information you provide via the Service, or these Terms of Use (including their formation, performance or alleged breach) shall be submitted individually by you, and shall not be subject to any class action or representative status. By entering into this agreement, you hereby irrevocably waive any right you may have to join claims with those of others or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The parties to this arbitration agreement acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties' agreement to arbitrate shall be null and void. You understand that by agreeing to this class action waiver, you may only bring claims against us in an individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding.

YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION.

GOVERNING LAW AND INTERPRETATION

These Terms are governed by and shall be construed in accordance with the laws of the State of Georgia, without respect to its conflict of laws principles.

In the event of any conflict between these Terms and any license agreement you enter with Certification Practice, the terms of such license agreement shall control.

These Terms shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof.

Waiver and Severability of Terms

At any time, should Certification Practice fail to exercise or enforce any right or provision of the Agreement, such failure shall not constitute a waiver of such right or provision. If any provision of this Agreement is found to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.

Foreign Access of Site

The Site is controlled, operated and administered by Certification Practice from our offices within the United States of America. If you access the Site from a location outside the United States of America, you are responsible for compliance with all local laws. You agree that you will not use Certification Practice's content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations. ADDITIONALLY, REGARDLESS OF YOUR LOCATION, YOU AGREE TO THE ARBITRATION, FORUM-SELECTION, AND JURISDICTION PROVISIONS CONTAINED IN THE SECTION ENTITLED "MANDATORY ARBITRATION; WAIVER OF CLASS ACTIONS; DISPUTES".

Corporate Identity and Ownership

These Terms constitute a legally binding agreement between you and Certification Practice. All references to "Certification Practice" throughout these Terms refer to Certification Practice. CertificationPractice.com and all associated Services are owned and operated by Certification Practice.

MODIFICATIONS TO THESE TERMS OF USE

Certification Practice reserves the right to amend these Terms of Use at its sole discretion and any modifications shall be effective immediately upon posting. We will announce any such change by posting the updated version of these Terms of Use on the Service and updating the "Last Updated" legend at the top of this page. Posting constitutes notice of changes, and we have no obligation to provide additional, separate notice. It is your responsibility to review these Terms periodically for updates posted to the Service. By continuing to use the Service following such changes, you will be deemed to have agreed to such changes. If you do not agree with these Terms of Use or any changes thereto, please do not continue using this Service.