This Reltio Academy Agreement (“Agreement”) is entered into between Reltio, Inc. (“Reltio”) and you, as an individual Reltio Academy Learner (“You,” “Your,” or “Learner”), and sets forth the terms and conditions that govern Your participation in the Reltio Certification Program (“Reltio Academy”).
IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT OR DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HEREIN, DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT AND DO NOT USE OR ACCESS THE RELTIO ACADEMY. BY USING OR ACCESSING THE RELTIO ACADEMY OR BY SELECTING “AGREE” OR OTHERWISE INDICATING YOUR AGREEMENT, YOU ARE CONSENTING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AS AN INDIVIDUAL RELTIO ACADEMY LEARNER. THIS AGREEMENT SUPPLEMENTS ANY OTHER AGREEMENT THAT YOU HAVE (OR YOUR COMPANY HAS) IN PLACE WITH RESPECT TO THE USE OF RELTIO’S PRODUCTS AND OTHER OFFERINGS GENERALLY.
1. Credential. Upon Your acceptance of this Agreement, completion and verification of any pre- requisite requirements and the beginning of a Credential exam, assessment, or exercise (“Exam”), You will be granted access to the Exam for purposes of testing Your knowledge of a Reltio product and You will qualify for the applicable Reltio Credential. As used in this Agreement, “Credential” means any Reltio certification or designation that is obtained via the Reltio Academy.
2. Confidential Information. You agree that the Exam and all content related to the Exam as well as all content on the Reltio Academy is Reltio confidential information (“Confidential Information”). You are prohibited from disclosing, copying, or publishing Confidential Information, and You shall not use any Confidential Information for any purpose outside the scope of this Agreement. Your confidentiality obligations survive the termination of this Agreement.
4. Credential Designation. Upon successful completion of the Exam, and subject to the terms of this Agreement, Reltio grants You a personal, non-exclusive, non-transferable, revocable license to use the applicable Reltio Credential designation and associated logo (“Credential Designation”) for the sole purpose of indicating that You meet the criteria for the applicable Credential Designation. You may not use the Credential Designation in any way that: (i) may be construed to establish an affiliation between Reltio and any third parties other than You; or (ii) negatively impacts Reltio's reputation or goodwill. Reltio retains all right, title and interest in the Credential Designation. Nothing herein shall be construed to grant any other rights to You, which rights Reltio expressly reserves.
By using the Credential Designation, You acknowledge that Reltio is the exclusive owner of all right, title and interest in the Credential Designation, that You shall take no action inconsistent with Reltio’s ownership of the Credential Designation, and that Your use shall comply with any guidelines that Reltio may provide, all of which are incorporated herein by reference (“Guidelines). Reltio may change the Credential Designation and Guidelines at any time and You agree to comply with any such changes.
Other than as expressly allowed under this Agreement, You agree (a) to use the Credential Designation in a manner that is consistent with industry standards and provide samples of use if requested by Reltio; (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 Reltio’s trademarks (“Reltio Marks”), in any format, or is otherwise confusingly similar to Reltio Marks.
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 (x) the applicable initial Credential Exam; and (y) any subsequent Exams that Reltio releases which are required for Your original Credential Designation. You may be required to pay a fee to register for any such subsequent Exams.
You also acknowledge that Your use of the Credential Designation is not in any way a warranty or guarantee of Your abilities with regards to Reltio products in general or any other Reltio offering. You may not suggest or represent that a Credential Designation is any such warranty or guarantee.
5. Disclosure of Your Credential Designation and Information Related Thereto. From time to time, third parties may contact Reltio in order to verify Your Credential Designation status, and You hereby authorize Reltio to disclose information regarding Your Credential Designation status to such third parties seeking verification.
Some of Reltio’s partner programs require that partners employ a minimum number of Reltio certified personnel. For this reason, the revocation of any Credential Designation may result in loss of partner benefits to that partner. If Reltio revokes Your Credential Designation, Reltio has the right to notify its partners, whether Your employer or the entity to which You are providing services, and respond to any inquiry by such partners, about changes in the status of Your Credential Designation.
6. Term and Termination. The term of this Agreement shall commence upon Your acceptance of these terms and conditions and shall continue until terminated as provided herein.
Reltio may terminate this Agreement with or without cause upon thirty (30) days written notice to You. Reltio may, in its sole discretion, terminate this Agreement at any time and revoke your Credential Designation if Reltio determines that You: (i) assisted, or used assistance from others or any unauthorized sources in completing the Credential Exam (including, but not limited to, use of notes, published materials, or testing aids); (ii) circumvented, or attempted to circumvent, Reltio Academy procedures or security mechanisms, or (iii) breached the terms of this Agreement. Upon termination of this Agreement, 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.
7. Indemnification. You agree to indemnify, defend and hold Reltio and its officers, directors, affiliates, employees and representatives harmless from and against any all third party claims, losses, liabilities, damages, costs and expenses, arising out of, relating to, or caused directly by Your use of the Credential Designation or breach of Your obligations under this Agreement.
8. Warranties. RELTIO MAKES NO WARRANTIES OF ANY KIND UNDER THIS AGREEMENT, 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.
9. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RELTIO'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE FEES PAID TO RELTIO, IF ANY, TO PARTICIPATE IN RELTIO ACADEMY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RELTIO HAVE ANY LIABILITY UNDER THIS AGREEMENT 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 ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Independent Contractors. No partnership, agency or joint enterprise. You acknowledge that nothing in this Agreement shall be construed as creating a partnership, agency or any form of joint enterprise.
11. Assignment. You acknowledge that the rights and obligations hereunder, 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 this Agreement. Waiver of any breach or default will not constitute a waiver of any other right under this Agreement or of any subsequent breach or default.
12. Governing Law, Venue and Waiver of Jury Trial. This Agreement shall be governed by and construed in accordance with the laws 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 this Agreement. Each party hereby consents to the exclusive jurisdiction of such courts.
13. Remedies. It is expressly agreed that a material breach of this Agreement by You may cause irreparable harm and a remedy at law may be inadequate. In addition to any and all remedies available at law, Reltio will be entitled to seek injunctive relief or other equitable remedies in the event of a threatened or actual violation of any of the provisions of this Agreement.
14. Modifications. Reltio reserves the right to modify or discontinue the Reltio Academy, requirements for Credentials, and/or Exams at any time, without notice.
Reltio may modify or update this Agreement from time to time. Reltio will post the modified or updated Agreement to this website and update the Last Revised date above. Modifications and updates will become effective upon posting. It is Your responsibility to periodically review this Agreement for any changes. Your continued use of or access to the Reltio Academy after any modifications or updates constitutes Your acceptance of this Agreement, as updated. If You do not agree to this Agreement or any updated Agreement, You may not use or access (and/or shall immediately discontinue further use of and/or access to) the Reltio Academy.
15. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the Reltio Academy, and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning the same.