Alotten Certification Program
Terms & Conditions

These Alotten Certification Program Terms and Conditions (“Terms”) apply to all Alotten, Inc. (“Alotten”) programs or other instances where a certification, certificate, badge, or similar recognition (collectively, a “Certification”) may be awarded to an individual or organization Candidate (“you” or “Candidate”), and set forth the terms and conditions that govern your participation in the Alotten Certification Program (“Program”). These Terms, along with any other terms in a signed agreement between You and Alotten that specifically references these Terms, if any, constitute a legal and enforceable agreement between you and Alotten (the “Agreement”).   

BY AGREEING TO OR OTHERWISE PARTICIPATING IN THE PROGRAM OR OTHERWISE RECEIVING OR USING A CERTIFICATION, YOU AGREE TO THESE TERMS AND TO BE BOUND BY THIS AGREEMENT.  IF YOU ARE NOT WILLING TO BE BOUND BY THIS AGREEMENT, DO NOT REGISTER FOR OR OTHERWISE PARTICIPATE IN THE PROGRAM OR IN ANY WAY USE OR DISPLAY A CERTIFICATION.

1. Certification Not Guaranteed & Fees Non-Refundable

A Certification or similar recognition from Alotten may be awarded to you upon successful completion of the Program.  To the extent the Program includes any testing or examination, you agree to perform the testing or examination only for yourself and otherwise comply with all instructions of Alotten.  Participation in a Program is not a guarantee that a Certification of any kind will be awarded.  Determination of success or failure (or of the violation of any of these Terms, the Agreement, or the Program’s other instructions or requirements) is in the sole discretion of Alotten. Unless otherwise agreed by Alotten in writing, fees paid to Alotten in connection with the Program or in connection with the Certification are non-refundable, must be paid prior to participation in the Program. For some programs, Alotten may offer to allow additional opportunities to complete Programs in which a candidate is unable to attend.

2. Certification & Logo - Rights and Obligations

Upon written confirmation from Alotten that you have successfully completed the Program, and subject to this Agreement, Alotten grants to Candidate a personal, non-exclusive, nontransferable, and revocable Certification, and the right to use such Certification (as described or designed by Alotten) with the Alotten logo (“Logo”) where appropriate (e.g., on resumes or websites), during the period that your Certification is valid.  You also agree to abide by any specific instructions or requirements concerning the Certification which may be provided by Alotten at or around the issuance of the Certification or thereafter (“Certification Instructions”). Your use of the Certification and Logo is subject to these the following guidelines:  You may not use the Certification or Logo in any way that: (i) may be construed to establish an affiliation between Alotten and any third-parties other than you, and only in connection to your receipt of the Certification or of the Program, (ii) negatively impacts Alotten’s reputation or goodwill, or (iii) that is not in strict accordance with all Certification Instructions.  Alotten retains all rights, title and interest in the Certification and Logo and no other rights are granted to you other than as expressly set forth herein. If Candidate is an organization, Candidate consents to Alotten’s use of Candidate’s name, logo and trademark to use on its website or other Alotten materials to refer to Candidate as a client of Alotten, and that has used the Program.  A Certification upon successful completion of the Program is not in any way a warranty or guarantee of an individual’s abilities or future performance, and any representation made to the contrary by you (or anyone) is strictly prohibited.  

3. Confidential Information & Recording Prohibition

You agree that the Program and all content related thereto are Alotten’s confidential and proprietary information (“Confidential Information”).  Unless specifically agreed otherwise by Alotten in writing, you are prohibited from disclosing, disseminating, copying, publishing, or transmitting any Confidential Information in any form (whether verbally, in writing, electronically, or on any media), or using any Confidential Information for any purpose except as expressly authorized by this Agreement.  Unless you receive the express written authorization of Alotten, you may not record or transcribe any portion of the Program, nor use any of the materials provided in the Program other than for participation in the Program itself.

4. Certification & Related Information Disclosure

Third parties may contact Alotten to verify your Certification or its status or the Program, and you hereby authorize Alotten to disclose that information to any such third parties seeking verification.  You agree that Alotten may also provide third parties access to information regarding your Certification (its status) or the Program via a publicly available online search tool that is searchable using your personal information (such as your name). To the extent an entity or other third party paid for your participation in the Program, you consent to Alotten providing full information regarding your participation and actions related to the Program (e.g., attendance or evaluation) and any awarded Certification or status thereof to the paying entity or third party.

5. Term & Termination

This Agreement begins upon the earliest of your participation in or registration for the Program.  Alotten may terminate your participation in the Program with or without cause upon written notice.  Alotten may also revoke a Candidate’s Certification at any time in its sole discretion.  Upon termination of the participation of the Program or revocation of the Certification for any reason, Candidate’s right to use the Certification and Logo shall cease immediately.

6. Warranties, Limitation of Liability, & Indemnity

ALOTTEN MAKES AND CANDIDATE RECEIVES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATED TO OR ARISING IN ANY WAY OUT OF THIS AGREEMENT, THE PROGRAM, OR ANY CERTIFICATION. ALOTTEN SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY FOR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTIES ARISING OUT OF USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE.

ALOTTEN’S TOTAL LIABILITY PURSUANT TO OR RELATED IN ANY WAY TO THE PROGRAM, ANY CERTIFICATION, OR THIS AGREEMENT SHALL NOT EXCEED THE FEES PAID BY THE CANDIDATE TO ALOTTEN, IF ANY, TO PARTICIPATE IN THE PROGRAM. MOREOVER, ALOTTEN SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SAME OR IF THEY WERE REASONABLY FORESEEABLE. CANDIDATE ACKNOWLEDGES THAT THE FEES FAIRLY REFLECT THIS ALLOCATION OF RISK, REGARDLESS OF THE LEGAL THEORY OF SUCH LIABILITY.  

ALOTTEN SHALL HAVE NO OBLIGATION TO INDEMNIFY, DEFEND, OR HOLD HARMLESS THE CANDIDATE OR ANY PARTY IN CONNECTION WITH ANY CLAIMS RELATED TO THIS AGREEMENT, THE PROGRAM, OR ANY CERTIFICATION.  

7. Independent Contractor & No Third-Party Beneficiaries

You acknowledge that you are an independent contractor, and nothing herein shall be construed as creating a partnership, agency or any form of joint enterprise based on this the Program or use of a Certification or Logo.  The Program, any Certification or Logo use, and the Agreement between Candidate and Alotten related thereto are for the benefit of, and enforceable only by, Alotten and Candidate.  There are no third-party beneficiaries who may enforce this Agreement or any part thereof.

8. Assignment, Waiver, Titles, & Severability

Candidate acknowledges that the rights and obligations hereunder, including any right to use the Logo or Certification, in whole or in part, are personal and may not be assigned by Candidate to any third party. Any attempted assignment will be null and void. Waiver of any breach or default will not constitute waiver of any other right under this Agreement.  If any of the provisions of this Agreement are declared to be invalid, such provisions will be severed from this Agreement and the other provisions hereof will remain in full force and effect.  The headings and any section titles in this Agreement are for reference and convenience only and shall not affect the interpretation thereof.  

9. Governing Law, Jurisdiction, & Injunctive Relief

This Agreement shall be governed in all respects by and construed under the laws of Texas without reference to choice of law principles. The state and federal courts located in Austin, Texas, shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this Agreement, and each party hereby consents to such courts’ exclusive jurisdiction. Each party also hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to the Program or this Agreement.  It is expressly agreed that a material breach of this Agreement by Candidate shall cause irreparable harm and a remedy at law would be inadequate. In addition to any and all remedies available at law, Alotten shall be entitled to an injunction or other equitable remedies in all legal proceedings in the event of any threatened or actual violation of any or all of the provisions of this Agreement.

10. Notice, Entire Agreement, & Modification 

All notices to Alotten regarding this Agreement must be in writing and delivered via email to Alotten to notices@alotten.com.  This Agreement constitutes the entire agreement between Alotten and Candidate and supersedes and replaces all prior agreements or contracts, written or oral, concerning the Program or any Certification. No specific modification of these Terms or waiver of rights will be effective unless agreed in writing by Alotten, and any such must reference a Section in the Terms that is to be modified. However, Alotten may modify these Terms at any time by providing notice in writing, electronically (either via email or otherwise), or by posting an updated version of these Terms, which modification will become effective immediately (unless otherwise stated by Alotten).  

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These Terms were last updated on May 6, 2025.  Prior versions can be requested via email to legal@alotten.com.  

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