Updated July 2023
1. Acceptance of Terms
a. This User Terms of Service (the “User TOS”) is entered into by and between Pearson Workforce Skills (“Pearson” or “we” or “us”), and you. As used herein, “User” or “you” refers to the person or entity accessing, downloading or using the Services (as defined below).
a. The “Services” are the products and services offered by Pearson and its legal affiliates via its software, websites and offerings.
b. A “Credential” is a digital representation of an achievement issued to a User by an individual or organization using the Services. Credentials include an image and metadata describing the achievement and may include supporting evidence and related information.
c. This User TOS applies to Credly.com, Credly-branded apps, other Credly-related sites, apps, communications, and any other Services that state that they are offered under this User TOS.
d. To use the Services, you agree that: (1) your User account on the Services must be in your real name; (2) you are not already restricted by Pearson from using the Services; and (3) you are of the Minimum Age required to use the Services. “Minimum Age” means 13 years old. However, if law requires that you must be older in order for Pearson to lawfully make available to you the Services to you without parental consent (including Services that may collect your personal data) then the Minimum Age is such older age. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others.
e. You will have the option of making your profile publicly viewable or restricting visibility of your profile from the public. Publicly accessible profiles will show your first name and last name. You will also have the ability to display your earned Credentials publicly.
a. In registering for the Services, you agree to: (1) provide true, accurate, current and complete information about you as prompted by the Services’ registration form (the "Registration Data"); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Pearson has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Pearson may suspend or terminate your account and deny you access to the Services.
b. You are fully responsible for all activities that occur under your account. You agree create a strong password and to keep your password secure and confidential. You may not share your password with anyone. You agree to notify Pearson immediately of any unauthorized use of your password or account or any other breach of security. You are responsible for anything that happens through your account unless you close it or report misuse.
c. Pearson may discontinue your access to the Services or your Credentials if 1) you violate this User TOS, or 2) a legal tribunal orders that Pearson remove the Credential or data relating to you, or 3) you request that your data be removed from the Services.
4. Restrictions on Your Use of the Services. You agree that you will not:
a. Create a false identity within the Services, misrepresent your identity, create a User profile for anyone other than yourself (a real person), or use or attempt to use another’s account;
b. Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;
c. Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views);
d. Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of Pearson;
e. Disclose information that you do not have the consent to disclose (such as confidential information of others, including your employer);
f. Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the Credentials of others without their permission.
g. Violate the intellectual property or other rights of Pearson, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open-source licenses; (iii) using our tradenames or our logos in any business name, email, or URL.
h. Post anything on the Services that contains software viruses, worms, or any other harmful code;
i. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
j. Imply or state that you are affiliated with or endorsed by Pearson without our written consent;
k. Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without Pearson’s consent;
l. Deep-link to the Services for any purpose other than to promote your profile on the Services, without Pearson’s consent;
m. Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
n. Monitor the Services availability, performance or functionality for any competitive purpose;
o. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
p. Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); or
q. Attempt to access or derive the source code or architecture of the Services or Website.
5. Monitor and Remedy. Pearson may monitor and review any information transmitted or received through the Services. Pearson reserves the right to take reasonable action to remedy a violation of this User TOS.
6. Responsibility for content
a. Pearson has no obligation to pre-screen content (including, but not limited to, User-generated content). We are not obligated to publish any information or content on our Service and can remove it with or without notice. Without limiting the foregoing, Pearson shall have the right to remove any content, including but not limited to, User content that violates this User TOS or that Pearson reasonably deems objectionable. By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. You agree that we are not responsible for other users’ content or information.
b. Pearson shall not be responsible for any hardware, software, or networks outside of the control of Pearson.
c. You acknowledge and agree that the issuer of a Credential (an “Issuer”) is solely responsible for the criteria for issuance of a Credential, and any dispute relating to the issuance or receipt of a Credential must be resolved solely between you and the Credential issuer. Credential issuers may revoke a Credential from you for any reason, and without notice. You agree that Pearson is not responsible for such an action by an Issuer. Further, Pearson is not responsible for the validity or veracity of any Credential issued by an Issuer.
d. You acknowledge and agree that Pearson customers, and not Pearson, are responsible for the actions those customers take related to you as a result of the use of the Services.
b. You agree that we may provide notices and messages to you in the following ways: (1) within the Services, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.
c. We use the information and data that you provide and that we have to make recommendations for connections, content and features that may be useful to you. Keeping your profile accurate and up to date helps us to make these recommendations more accurate and relevant. You may review your privacy and notification settings at any time to control and limit messages you receive from us.
8. Intellectual Property
a. Pearson reserves all of its intellectual property rights in the Services. Using the Services does not give you any ownership in any Pearson intellectual property or the content or information made available by Pearson or through the Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. Pearson and other Pearson trademarks, service marks, graphics, and logos used in the Services are trademarks or registered trademarks of Pearson.
a. Pearson warrants that the Services will work in accordance with their intended purpose. EXCEPT AS EXPRESSLY PROVIDED HEREIN, PEARSON MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND PEARSON EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OF PERFORMANCE, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
b. Pearson does not warrant (i) uninterrupted or error-free operation of the Services or (ii) that Pearson will correct all defects or prevent third-party disruptions. The warranties hereunder will not apply if there has been misuse, modification, damage not caused by Pearson, failure to comply with instructions provided by Pearson, or if limited by an other agreement. User is responsible for determining its compliance with applicable laws and regulations and Pearson makes no warranty or representation regarding User’s compliance therewith.
10. Limitations of Liability
a. TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS PEARSON HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT WITH YOU THAT OVERRIDES THIS CONTRACT), PEARSON AND ITS AFFILIATES (AND THOSE THAT PEARSON WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT).
b. IN NO EVENT SHALL THE LIABILITY OF PEARSON AND ITS AFFILIATES (AND THOSE THAT PEARSON WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, $100.
c. THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND PEARSON AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF PEARSON OR ITS AFFILIATES HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
d. SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
a. If any provision of this User TOS is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this User TOS will remain in full force and effect. Any provision of this User TOS held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.
b. We reserve all rights not expressly granted to you. No failure or delay in (i) exercising any right or remedy; or (ii) requiring satisfaction of any condition under this User TOS, and no course of dealing between the parties, operates as a waiver or estoppels of any right, remedy or condition. A waiver made in writing on one occasion is effective only in that instance and only for the purpose that it is given and is not to be construed as a waiver on any future occasion or against any other person. The rights and remedies of the parties set forth in this User TOS are not exclusive of, but are cumulative to, any rights or remedies now or subsequently existing at law, in equity or by statute.
c. We always appreciate your feedback and other suggestions about our products and services. But you should know that we may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential.
d. User may not assign or delegate any right or obligation under this User TOS, by operation of law or otherwise, without the prior written consent of Pearson. Pearson may assign or delegate any right or obligation under this User TOS, by operation of law or otherwise, without User’s consent.
e. If you live in the European Union, European Economic Area or Switzerland, (“Designated Countries”) the laws of Ireland govern all claims related to Pearson’s provision of the Services, but this shall not deprive you of the mandatory consumer protections under the law of the country to which we direct your Services where you have habitual residence. With respect to jurisdiction, you and Pearson agree to choose the courts of the country to which we direct your Services where you have habitual residence for all disputes arising out of or relating to this User Agreement, or in the alternative, you may choose the responsible court in Ireland.
f. For all others outside of Designated Countries, this User TOS and the relationship between User and Pearson shall be governed by the laws of the State of New York, without regard to conflict of law principles unless you are (other than where there is any conflict with European consumer protection laws that cannot be excluded). Any action, proceeding, controversy or claim between User and Pearson arising out of or relating to this Agreement shall be brought in the United States District Court for the Southern District of New York or, if federal jurisdiction is not available, in the Supreme Court of New York County, and each party hereby submits to the personal jurisdiction of such courts with respect to such actions.
12. How To Contact Us
Attn: Legal Dept.
368 9th Avenue, 6th Floor
New York, NY 10001
Or at firstname.lastname@example.org.