Terms and Conditions

1. INTRODUCTION 
         Welcome to the PLEXUS Certification internet sites ("PLEXUS-CERT Sites"). PLEXUS and any and all entities that control, are controlled by, or are affiliated or under control with, PLEXUS are collectively referred herein as "we," "us," or "our". PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY PLEXUS-CERT Site. By using any PLEXUS-CERT Site or by clicking a box that states that you accept or agree to these terms, you signify your agreement to these terms of use. If you do not agree to these terms of use, you may not use the PLEXUS-CERT Sites. 

        You acknowledge that these terms of use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the PLEXUS-CERT Sites and receipt of data, materials and information available on, at or through the PLEXUS-CERT Sites. 


2. USE OF CONTENT 
        BY ACCESSING THE PLEXUS-CERT SITES OR BY USING THE PLEXUS interactive training modules, if any, or assessments or examinations including without limitation, any component of Guided Instruction, Tutorial, Course, Examination, Help, OR OTHER MATERIALS ("PLEXUS Content"), YOU AGREE TO BE BOUND BY THESE PLEXUS TERMS INCLUDING WITHOUT LIMITATION THE CONTENT LICENSE HEREIN CONTAINED. NOTHING CONTAINED IN THESE PLEXUS TERMS OR OTHERWISE SHALL BE DEEMED TO CONSTITUTE A REPRESENTATION, GUARANTEE, OR PROMISE THAT A PARTICULAR RESULT WILL BE PRODUCED DUE TO THE PLEXUS Certification Examination Process OR YOUR USE OF THE PLEXUS CONTENT. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN AGREEMENT NEGOTIATED AND SIGNED BY YOU. YOU MAY DOWNLOAD AND PRINT A COPY OF THESE PLEXUS TERMS FROM legal@plexusintl.com. PLEXUS RESERVES THE RIGHT TO CHANGE THE TERMS OF USE POSTED ON THE PLEXUS-CERT SITES FROM TIME TO TIME AT ITS SOLE DISCRETION, AND WILL PROVIDE NOTICE OF MATERIAL CHANGES ON THE SITE. YOUR CONTINUED USE OF THE SITE OR PLEXUS CONTENT ACCESSIBLE THROUGH IT, AFTER SUCH NOTICE HAS BEEN POSTED CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. YOUR USE OF THE PLEXUS-CERT SITES AND PLEXUS CONTENT WILL BE SUBJECT TO THE MOST CURRENT VERSION OF THE PLEXUS TERMS ON THE SITES AT THE TIME OF SUCH USE. IF YOU BREACH ANY OF PLEXUS TERMS, YOUR AUTHORIZATION TO USE THE SITES AND THE PLEXUS CONTENT AUTOMATICALLY TERMINATES, AND ANY PLEXUS CONTENT DOWNLOADED OR PRINTED FROM THE SITE IN VIOLATION OF THE PLEXUS TERMS MUST BE IMMEDIATELY DESTROYED. 

All information, materials, courses, assessments, functions and other content ("Content") contained on PLEXUS-CERT Sites are our copyrighted and/or proprietary property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. We may change the PLEXUS-CERT Sites or delete Content or features at any time, in any way, for any or no reason. Except as we specifically agree in writing, no Content from any PLEXUS-CERT Sites may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the PLEXUS-CERT Sites and its intended use and solely by and for the intended user. 


3. OWNERSHIP AND PROPRIETARY RIGHTS; LICENSE. 
        The PLEXUS Content including, without limitation, its component guided instruction, courses, tutorials, assessments and examinations, as well as all other documentation, materials, files and presentation slides and/or video (and their selection and arrangement) is the property of PLEXUS or its licensors and is protected by copyright and other intellectual property laws and also may be protected by components that protect digital information. The PLEXUS Content may be viewed, and displayed for your personal use only. Except as expressly provided for in the foregoing sentence, you may not modify, publish, transmit (including but not limited to, by way of email, facsimile, or other electronic means), frame, sublicense, assign, display, download, copy extract, photograph, participate in the transfer or sale of, rent, lease, loan, create derivative works based on, or in any other way exploit any of the PLEXUS Content, including but not limited to sharing with others in the same organization without the express prior written consent of PLEXUS or its licensor, which may be withheld for any reason. Any permitted copies of the PLEXUS Content must retain the copyrighted notice and any other proprietary notices contained in such materials. You may not use any of the materials contained in the PLEXUS Content in any manner that may give a false or misleading impression or statement as to PLEXUS or any third party referenced in the PLEXUS Content. You further acknowledge and agree that all copyrights, patents, trade secrets, concepts, techniques or other intellectual property rights associated with any ideas, concepts, creations, designs, engineering details, techniques, inventions, processes, works of authorship, course materials, documentation, and PLEXUS Content developed, created, or used by PLEXUS or its personnel in connection with PLEXUS Certification Examination Process are and shall remain the sole and exclusive property of PLEXUS and/or its Licensors and are proprietary information of those parties. PLEXUS reserves all rights not expressly granted to you. Except as otherwise provided by law, you may not reverse engineer, disassemble, decompile, or translate the PLEXUS Content, or otherwise attempt to derive the source code of any PLEXUS, or other software which may be related to the PLEXUS Content. No right, title, or interest in or to any trademarks, service marks, or trade names of PLEXUS or PLEXUS's licensors is granted hereunder and any use thereof will inure solely to the benefit of PLEXUS and/or PLEXUS's licensors. Nothing herein shall be construed as conferring any license under PLEXUS's intellectual property rights, whether by estoppel, implication or otherwise. 


4. ACCOUNTS. 
        PLEXUS-CERT SITES require you to create an account to participate. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data"). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password email address or other account information, or another person's name, or another person's certificate number or information. You also agree to promptly notify us at security_breach@plexusintl.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any PLEXUS-CERT Site. In addition, you agree to exit from your account at the end of each session. We may suspend or terminate your account and your ability to use any PLEXUS-CERT Site or portion thereof for failure to comply with these terms of use or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever. 


5. DISCLAIMERS. 
        PLEXUS EXPRESSLY DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES. PLEXUS IS PROVIDING THE PLEXUS-CERT SITES AND PLEXUS CONTENT ON AN "AS IS" OR AS AVAILABLE BASIS WITHOUT ANY WARRANTIES OR REPRESENTATIONS WHATSOEVER, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE AND SPECIFICALLY DOES NOT PROVIDE WARRANTIES WITH RESPECT TO YOUR USE OF OR ACCESS TO THE PLEXUS CONTENT. PLEXUS CANNOT AND DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE SERVICE, OR THE SITES THEMSELVES. PLEXUS ASSUMES NO RESPONSIBILITY FOR THE QUALITY, UTILITY, ACCURACY OR SECURITY OF THE PLEXUS-CERT SITES, OR PLEXUS CONTENT OR USEFULNESS OF THE SAME FOR ANY PURPOSE. PLEXUS DOES NOT GUARANTEE NETWORK SECURITY. PLEXUS ACCEPTS NO RESPONSIBILITY OR LIABILITY FOR THE SECURITY OF YOUR ELECTRONIC ENVIRONMENT. THE OBLIGATIONS AND LIABILITIES OF PLEXUS AND ITS LICENSORS AS SET FORTH HEREIN ARE EXCLUSIVE AND EXPRESSLY IN LIEU OF ALL OTHER OBLIGATIONS, LIABILITIES AND REMEDIES, EXPRESS OR IMPLIED, INCLUDING ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY (COLLECTIVELY, "CLAIMS") IN TORT, CONTRACT, STATUTE, OR OTHERWISE WHETHER OR NOT ARISING FROM NEGLIGENCE OF PLEXUS OR ITS AFFILIATES, ACTUAL OR IMPUTED. PLEXUS SHALL NOT BE LIABLE FOR ANY SERVICES OR PRODUCTS PROVIDED BY ANY THIRD PARTY VENDORS IDENTIFIED BY PLEXUS. 


6. LIMITATION OF LIABILITY. 
        PLEXUS, OUR AFFILIATES, OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF, OR IN CONNECTION WITH THE ACCESS OR USE OF THE PLEXUS-CERT SITES, PLEXUS CONTENT OR ANY OTHER INFORMATION YOU OBTAIN FROM THE SITES OR THE INABILITY TO ACCESS OR USE THE SAME. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF PLEXUS KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, PLEXUS AND OUR SUPPLIERS' LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NEITHER PLEXUS NOR OUR AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR DISTRIBUTORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE SERVICE AND ANY NEWS, RESULTS AND INFORMATION THROUGH THE PLEXUS-CERT SITES. IN NO EVENT WILL WE AND OUR AFFILIATES, AGENTS, LICENSORS, SUPPLIERS AND DISTRIBUTORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH NEWS, RESULTS AND INFORMATION OR FOR ANY CONSEQUENTIAL, SPECIAL, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 


7. INDEMNIFICATION. 
        You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our affiliates, licensors, licensees, agents, and other authorized users, and each of the foregoing entities' respective service providers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your use of the PLEXUS-CERT Sites and/or your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you. 


8. FORCE MAJEURE. 
        We shall not be liable in any way for any delays in, or any failure of, services performed hereunder due to any wrongful or negligent act or omission of you or your employees and agents; and/or your failure to follow the PLEXUS Terms. We shall not be liable or deemed in default for any delay in systems or PLEXUS-CERT Site performance resulting directly or indirectly from acts of God, war, insurrection, national emergency, fires, storms, labor disputes, power or internet outages, third party nonperformance, acts of vandals or hackers, acts of civil or military authority or any other cause beyond our reasonable control. 


9. JURISDICTIONAL AND VENUE ISSUES. 
        You agree that any action at law or inequity arising out of or relating to these terms of use or the PLEXUS-CERT Sites shall be filed, and that venue properly lies, only in state or federal courts located in the county of of Hennepin in the state of Minnesota, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. We make no representation that Content on any PLEXUS-CERT Site is appropriate or available for use in any particular location. Those who choose to access an PLEXUS-CERT Site do so at their own initiative and are responsible for compliance with all applicable laws including any applicable local laws. 


10. GENERAL PROVISIONS. 
        These terms of use shall be governed by and construed in accordance with the laws of the State of Minnesota and the laws of the United States, without giving effect to any principles of conflicts of law. If any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these terms of use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision. In these terms of use, the word "including" is used illustratively, as if followed by the words "but not limited to." YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY PLEXUS-CERT SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. 

        Supply of services through PLEXUS-CERT Sites is subject to United States export control and economic sanctions requirements. By acquiring any such service through PLEXUS-CERT Sites, you represent and warrant that your acquisition comports with and your use of the service will comport with those requirements. Without limiting the foregoing, you may not acquire an account or you may not acquire service(s) through PLEXUS-CERT Sites if: 1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan or Syria or if you are on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List or Entity List or 2) you intend to supply the acquired services to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List.
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