"To be successful as a nation, we need to provide ways for individuals at all ages and levels of interest to gain the knowledge and skills they need. The registry will play an important role in achieving this."
- Molly Corbett Broad, President, American Council on Education (ACE)

Publishers Agreement

Last Updated 11/14/2017

This Publishers Agreement sets forth the terms and requirements governing your provision of credential, competency framework or quality assurance data and information (collectively, your “Content”) to the Credential Engine Credential Registry, including the provision, accuracy, and currency of such Content. The Credential Engine Terms of Use, Privacy Statement and this Publishers Agreement together describe your rights and responsibilities with regard to use of the following websites owned by Credential Engine (hereinafter “we,” “us” or “our) (“Websites”): www.credentialengine.org, www.credentialfinder.org, www.credreg.net, and any other Credential Engine website that links to this Publishers Agreement. By providing Content to or obtaining data from the Credential Registry, you consent to those general Terms of Use and Privacy Statement in addition to the terms of this Publishers Agreement (to which you separately agree). In the event of a conflict between the Terms of Use and this Publishers Agreement, this Publishers Agreement will control.

Contents

MODIFICATION OF THE TERMS

We reserve the right, in our sole discretion, to amend these Terms, in whole or in part, at any time and for any reason, without penalty or liability to you or any third party. You can determine when the Terms were last revised by referring to the “Last Updated” notation above. If you use the Website after the amended Terms have been posted, you thereby agree to the amended Terms.

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ACCOUNT AND AUTHENTICATION

An entity seeking to upload data into the Credential Registry must establish an account with Credential Engine before doing so. To establish an account, the entity must provide the information required at the Credential Engine registration page. The account will become operational upon approval by Credential Engine. You agree to maintain the accuracy and currency of your account information. In the event your account information appears to be inaccurate or incomplete, Credential Engine reserves the right to suspend or delete your data from the Credential Registry.

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DATA REQUIREMENTS

You agree to comply with the Credential Registry’s Minimum Data Policy. The Minimum Data Policy sets forth the requirements for Content to be published to the Credential Registry. Requirements include information regarding your organizational structure, the credential, competency frameworks, quality assurance regimens you abide by, assessment information, cost, and other information. Credential Engine reserves the right to modify the Minimum Data Policy from time to time, and you agree to comply with any revisions that may be adopted as a condition to your right to publish data to the Credential Registry.

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ACCURACY AND CURRENCY OF DATA

In addition to the Minimum Data Policy, you also agree to comply with the Credential Registry’s Currency Policy. The Currency Policy sets forth the requirements for maintaining the accuracy and currency of Content published to the Credential Registry. When you publish Content, you will be asked to provide information regarding how frequently the information about your Content is likely to change. If you have not updated the Content within the timeframe that you state, or if you do not respond to an inquiry from Credential Engine regarding the accuracy and currency of that Content, Credential Engine may take appropriate steps, including removal of the Content, to inform users of the Registry that the Content may not be current. Credential Engine reserves the right to modify the Currency Policy from time to time, and you agree to comply with any revisions that may be adopted as a condition to your right to publish data to the Credential Registry.

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REPRESENTATIONS, WARRANTIES, AND LICENSE

You represent and warrant to Credential Engine that: (i) you are the owner of the Content that you post to the Credential Registry, and/or that you have full legal right and authority to post to the Credential Registry the Content that you publish; (ii) you have full legal authority to grant to Credential Engine the rights and licenses described in this Publisher Agreement; (iii) the Content that you publish on the Credential Registry is accurate, current, and complete as of the date that it is published; and (iv) any Content you post does not and will not infringe upon or constitute a misappropriation of any third party copyright, trademark, trade secret, confidential or proprietary information, patent or other intellectual property right. You further agree to indemnify Credential Engine for any loss resulting from a breach of this representation and warranty. IN ADDITION TO THE FOREGOING, YOU SPECIFICALLY REPRESENT AND WARRANT THAT YOU SHALL NOT AT ANY TIME POST ANY PERSONALLY IDENTIFIABLE INFORMATION TO THE REGISTRY, AND THAT YOU SHALL AT ALL TIMES COMPLY WITH ALL APPLICABLE LAWS, REGULATIONS, RULES AND ORDERS, INCLUDING BUT NOT LIMITED TO THOSE DEALING WITH PRIVACY AND HANDLING AND PROCESSING OF PERSONALLY IDENTIFIABLE INFORMATION. YOU FURTHER AGREE TO INDEMNIFY CREDENTIAL ENGINE FOR ANY LOSS RESULTING FROM A BREACH OF THIS REPRESENTATION AND WARRANTY, INCLUDING ANY CLAIMS BY ANY GOVERNMENT AUTHORITY BASED UPON YOUR PRIVACY PRACTICES. By publishing Content to the Credential Registry, you thereby grant Credential Engine a nonexclusive, universal, perpetual, irrevocable, sublicensable, commercial, and non-commercial right and license to: (i) use, copy, duplicate, download, reproduce, store in a retrieval system, distribute, sell, transmit, transfer, disseminate, aggregate, publish, create derivative works from, and otherwise make use of that Content; and (ii) grant to third parties the right and license to do any of the foregoing. You also grant Credential Engine the right to display on our Websites and the Credential Registry any trademarks, logos, service marks, and product marks that you publish to the Credential Registry.

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LIABILITY AND INDEMNIFICATION

You agree to indemnify, defend, and hold Credential Engine harmless from and against any and all third-party claims, demands, liabilities, costs, or expenses, including attorneys’ fees and costs, arising from, or related to: (i) any breach by you of the Terms of Use or this Publishers Agreement; (ii) your breach of your representations and warranties regarding Content that you publish to the Credential Registry; and (iii) any third party claim against Credential Engine based upon any Content that you post to the Credential Registry.

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DISCLAIMER OF WARRANTIES

THE CREDENTIAL REGISTRY AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR PUBLISHING OF CONTENT TO, AND USE OF, THE WEBSITES AND CREDENTIAL REGISTRY IS AT YOUR SOLE RISK. CREDENTIAL ENGINE AND ITS OFFICERS, DIRECTORS, AND EMPLOYEES MAKE NO REPRESENTATIONS OR WARRANTIES AND SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITES OR THE CREDENTIAL REGISTRY AND THEIR CONTENT, INCLUDING ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, SECURITY, ACCURACY, FREEDOM FROM VIRUSES OR MALWARE. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE WEBSITES OR OF THE CREDENTIAL REGISTRY OR ITS CONTENT WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.

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LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CREDENTIAL ENGINE WILL NOT BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY ARISING FROM YOUR PUBLISHING OF CONTENT TO THE CREDENTIAL REGISTRY, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES. THIS IS TRUE EVEN IF CREDENTIAL ENGINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. CREDENTIAL ENGINE DOES NOT GUARANTEE THAT THE CREDENTIAL REGISTRY WILL BE FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, VIRUSES, INTERFERENCE, HACKING, MALWARE OR OTHER SECURITY INTRUSION, AND CREDENTIAL ENGINE DISCLAIMS ANY LIABILITY RELATING THERETO. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, CREDENTIAL ENGINE IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGES OR LOSSES ARISING OUT OF YOUR PUBLISHING OF CONTENT TO THE CREDENTIAL REGISTRY, OUR LIABILITY SHALL IN NO EVENT EXCEED U.S. ONE HUNDRED DOLLARS ($100.00 USD). NOTE THAT SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY OR MAY PLACE LIMITATIONS ON OUR ABILITY TO LIMIT OUR LIABILITY TO YOU, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

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ETHICS AND RESPONSIBILITY

You may not publish to the Credential Registry Content regarding any credential, competency framework or quality assurance information that pertains to matter or conduct that is unlawful, misleading, malicious, hateful, discriminatory on the basis of race, ethnicity, national origin, sexual orientation, gender, sexual/gender identity or religious affiliation; that threatens or promotes violence; or that promotes or endorses intimidation or harassment. Nor may you use information that you receive from the Credential Registry for any such matter or conduct. We reserve the right to suspend or remove any Content that violates this provision.

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DMCA NOTICE

If you believe that your copyright has been infringed, please follow the Digital Millennium Copyright Act (“DMCA”) procedures set forth in our Website Terms of Use.

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GOVERNING LAW

These Terms shall be governed in all respects under the laws of the United States and the District of Columbia exclusive of its choice of law or conflict of law provisions. In any claim or action by you directly or indirectly arising under these Terms or related to the Websites, you agree to submit to the exclusive jurisdiction of the courts located in the District of Columbia. You waive any jurisdictional, venue or inconvenient forum objections to any of these courts that may have jurisdiction.

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MISCELLANEOUS

The Terms set forth the entire understanding and agreement between you and us with respect to the subject matter hereof. If any provision of the Terms is found by a court of competent jurisdiction 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 Terms shall remain in full force and effect. There are no third party beneficiaries to these Terms.

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CONTACT INFORMATION

If you have any questions or concerns, please email us at info@credentialengine.org

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