Effective Date: October 2019
THESE TERMS ARE SUBJECT TO CHANGE FROM TIME TO TIME IN LOOKER’S SOLE DISCRETION. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS CAREFULLY AS YOU MUST COMPLY WITH THE MOST CURRENT VERSION OF THE AGREEMENT. BY SELECTING “AGREE” OR OTHERWISE INDICATING YOUR AGREEMENT, YOU ARE CONSENTING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN AS AN INDIVIDUAL CERTIFIED PROGRAM CANDIDATE. BY ACCESSING OR USING A LOOKER CERTIFICATION PROGRAM BENEFIT YOU ARE AGREEING TO THE MOST CURRENT VERSION OF THIS AGREEMENT.
Details
These Exam Terms and Conditions (the "Terms") are entered into between the examinee ("You") and Looker Data Sciences, Inc. ("Looker") as of the date You click "I agree" below (the "Effective Date").
Eligibility
Looker Certification Exams (“Exam”): You must be 18 years of age or older to be eligible for any Looker certification exam.
Confidential Information
The content of the Exam, including without limitation, questions, answers, or any communication, including oral communication, regarding or related to the Exam, as well as any other non-public information concerning Looker, is Looker’s confidential information ("Confidential Information"). Any disclosure of Confidential Information is a violation of these Terms and could compromise the integrity and security of this certification program. Your confidentiality obligations shall survive termination or expiration of these Terms for any reason.
Misconduct
If Looker discovers that You have engaged in misconduct or misuse of the Exam or otherwise violated these Terms or assisted others in doing so, you: (1) will lose all Looker certifications (including the Credential Designation described below), (2) may be barred from taking or retaking the Exam or any other Looker exam, and (3) Looker, in its sole discretion, may choose to terminate any applicable business relationship with you. Examples of misconduct and/or misuse of the Exam include but are not limited to:
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Providing false or fraudulent identification
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Misusing any testing identification number, username, or other credentials that have been provided to you
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Providing or accepting improper assistance, or submitting any work that is not your own
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Disseminating actual Exam content by any means including, but not limited to, web postings, formal or informal test preparation or discussion groups, reconstruction through memorization or any other method
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Possession or use of unauthorized materials during the Exam
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Using unauthorized materials (including brain-dump material and/or unauthorized publication of Exam questions with or without answers) to prepare for the Exam
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Making notes of any kind during the Exam
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Removing or attempting to remove Exam material (in any format)
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Intentionally causing a disturbance of any kind during the Exam
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Modifying and/or altering the results and/or score report for this Exam or any other Exam record
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Circumventing the Exam retake policy
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Misrepresentation of certification status
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Misconduct as determined by statistical analysis
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Unauthorized accessing of Exam or Exam content (including access of materials in forums, chat rooms, discussion groups, blogs or other sharing sites with intent to circumvent Exam procedures)
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Any other acts or omissions that are inconsistent with the Looker Certified Program requirements
Credential Designation
Upon successful completion of the Exam, and subject to these Terms, Looker grants You a personal, non-exclusive, non-transferable, revocable license to use the applicable Looker certification logo (“Credential Designation”) for the sole purpose to indicate that You meet the criteria for the applicable Credential Designation. You acknowledge that Your Credential Designation will not be considered current unless You have successfully completed (i.e. received the minimum passing score on) both (i) the applicable initial Exam, and (ii) any subsequent Looker release-specific exams required for Your original Credential Designation. You may be required to pay an additional recurring fee to register for release-specific exams after the initial Exam.You may not use the Credential Designation in any way that: i) may be construed to establish an affiliation between Looker and any third parties other than You; or ii) negatively impacts Looker’s reputation or goodwill. Looker retains all rights, title and interests in the Credential Designation. Nothing herein shall be construed to grant any other rights to You.
Use of Credential Designation
The Credential Designation is only for your personal use, and cannot be used to represent that a company or school is certified. That is, a company or school may not represent itself as certified—only those individual persons who have passed the Exam may represent themselves as certified. Your use of the Credential Designation is subject to Looker’s then-current usage guidelines, a copy of which may be provided to you from time to time. Other than as expressly allowed under these Terms, You agree a) to use the Credential Designation in a manner that is consistent with industry standards and will provide samples of use if requested by Looker; b) not to modify the Credential Designation in any way, and c) not to use, register or seek to register any mark, name (including but not limited to company and product name), taglines, social media handles, advertising keywords, or any other source identifying designation that consists of or incorporates the Credential Designation or any of Looker’s trademarks (“Looker Marks”), in any format, or is otherwise confusingly similar to Looker Marks. You also acknowledge that your use of the Credential Designation upon successful completion of the Exam is not in any way a warranty or guarantee of your abilities with regards to the Looker products or services in general or any other offering. You may not suggest or represent that the Credential Designation is any such warranty or guarantee of your abilities.
Policies.
The Looker policies are located here, or other such URL as Looker may provide. These policies are incorporated by this reference, and may change from time to time. If Looker suspects that You are in violation of any of the policies, Looker, in its sole discretion, may revoke any of your Looker certifications and You may be permanently barred from taking any Looker exam.
Personal Information and Privacy
When we collect and process your personal information during participation in the Exam, your personal information is handled in accordance with Looker's Privacy Policy, as well as the additional Enterprise Certification and Exam Privacy and Policies Terms below, which are incorporated into these Terms by reference and governed by the terms hereof.
Term and Termination
These Terms shall continue in effect from the Effective Date until terminated as provided herein. Looker may terminate these Terms with or without cause upon thirty (30) days written notice to you. Looker may, in its sole discretion, terminate these Terms at any time and revoke your Credential Designation if Looker determines that You breached the terms herein. Upon termination of these Terms, Your rights to use the Credential Designation shall cease immediately, which requires that You immediately remove the Credential Designation from all electronic and hard copy materials, including but not limited to websites, social media sites/accounts, blogs, email signatures, resumes, and business cards. In the case of hard copy materials, any unused materials must be destroyed within ten (10) days of termination.
Indemnification
You agree to indemnify, defend and hold Looker and its officers, directors, affiliates, employees and representatives harmless from and against any and all claims, losses, liabilities, damages, costs and expenses, including reasonable attorney’s fees, arising out of, relating to, or caused directly by your negligent act or omissions in regards to your use of the Credential Designation, or breach of your obligations under this Agreement.
Warranties
LOOKER MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability
IN NO EVENT SHALL LOOKER’S AGGREGATE, CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE FEES PAID TO LOOKER, IF ANY, TO PARTICIPATE IN THE CERTIFIED PROGRAM. IN NO EVENT SHALL LOOKER HAVE ANY LIABILITY TO YOU FOR ANY LOST PROFITS OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT LOOKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
No partnership, agency or joint enterprise
You acknowledge nothing herein shall be construed as creating a partnership, agency or any form of joint enterprise based on these Terms or your authorized use of the Credential Designation.
Assignment
You acknowledge that the rights and obligations hereunder, including any rights to use the Credential Designation, in whole or in part, are personal and may not be assigned by You to any third party. Any attempted assignment will be null and void and shall constitute a breach of these Terms. No modification of these Terms or waiver of rights will be effective unless agreed in writing by the party to be charged. Waiver of any breach or default will not constitute waiver or any other right under these terms or conditions or any subsequent breach or default.
Governing Law, Venue and Waiver of Jury Trial; Class Waiver
This Agreement shall be governed exclusively by the internal laws of the State of California, without regard to its conflicts of laws rules. The state and federal courts located in Santa Clara County, California shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to these Terms. Each party hereby consents to the exclusive jurisdiction of such courts. EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF OR RELATED TO THIS AGREEMENT. THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY.
Remedies
It is expressly agreed that a material breach of these Terms by You may cause irreparable harm and a remedy at law may be inadequate. In addition to any and all remedies available at law, Looker will be entitled to injunctive relief or other equitable remedies in the event of a threatened or actual violation of any of the provisions of these Terms.
Notices
All notices hereunder shall be in writing and shall be deemed to have been given upon: (i) personal delivery; (ii) the second business day after mailing; (iii) the second business day after sending by confirmed facsimile; or (iv) the second business day after sending by email. Notices to Looker shall be addressed to the attention of its VP, Customer Success with a copy to its General Counsel, at Looker Data Sciences, Inc., 101 Church Street, Santa Cruz, CA 95060, or as updated by Looker via written notice to You.
General
Looker reserves the right to modify the Certified Program, requirements for Credential Designation, and/or Exams at any time, without notice. These Terms constitute the entire agreement between the parties, and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter.
