ELEARNING LAUNCHPAD TERMS AND CONDITIONS FOR USERS AND PURCHASERS
Last Revised: September 2, 2021

GENERAL TERMS AND CONDITIONS

Definitions and General Information

DAR Solutions LLC (“Company’” or “us” or “our” or “we”), of which “eLearning Launchpad” is an assumed name (registered in Illinois), operates this website, eLearningLaunchpad.com, including all web pages within the elearninglaunchpad.com domain and any sub-domains thereof that we have now or in the future. The eLearningLaunchpad.com website, the information, services, content, and features contained on or accessed through the website, including all sub-domains, all pages, and all links contained therein will be collectively referred to as the “Site” in these Terms and Conditions.

The Site is provided by the Company, to describe, offer for sale, and support the placement and fulfillment of private course orders and public course registrations for instructor-led TOGAF certification training courses in both face-to-face classroom format and live “virtual” online format, and such courses will be referred to as a “Course” in these Terms and Conditions. Through the Site or other channels, the Company may also provide licenses to various training products, which may be software-based interactive learning modules or other types of training documents or materials made available in electronic and/or physical form, and all such licensed products will be collectively referred to as “Training Materials” in these Terms and Conditions.

The Site, and all services, products, Courses, and licensed Training Materials offered by us through the Site or other channels will be collectively referred to as the “Site and Our Offerings” in these Terms and Conditions. A number of restrictions and responsibilities apply to your use, and to the use by any other employees or agents of your company or organization for whom our offerings or Courses are purchased, of the Site and Our Offerings, as set forth in these terms and conditions.

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Your Agreement to These Terms and Conditions

By using our Site, registering for, ordering, using, or attending any Course, ordering or using any Training Materials (as defined above) whether purchased separately or acquired as part of a purchased Course, or otherwise ordering or using any other products or services offered by us, you (“you” or “your” or ” “User”) agree to these Terms and Conditions, as any of the same may exist from time to time (collectively, the “Terms and Conditions” or “Agreement”) and you also agree that you are authorized to represent any company, group, or organization for which you are ordering or using any Course, Training Materials, or other products or services offered by us. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SITE AND DO NOT ATTEMPT TO ORDER OR USE ANY PRODUCTS OR SERVICES OFFERED THROUGH THE SITE.

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Restrictions on Your (Buyer) Location and on Course Location

UNLESS APPROVED IN ADVANCE BY US, ANY USER THAT PLACES AN ORDER FOR ONE OF THE ABOVE COURSE TYPES MUST BE LOCATED IN ONE THE COUNTRIES LISTED ABOVE FOR EACH COURSE TYPE (OR IF REPRESENTING AN ENTITY, BE LEGALLY ORGANIZED AS A BUSINESS IN ONE OF THOSE SAME COUNTRIES), AND MUST USE AN ACCOUNT AND BILLING ADDRESS IN THAT SAME COUNTRY.

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Your IRS Form 1099 Filing Responsibility

We are an unincorporated LLC, treated by the IRS as a “disregarded entity” for purposes of U.S. federal income taxes (similar to federal tax treatment of a sole proprietorship); therefore your payment(s) to us may require you to send form 1099 to the IRS and to us, per IRS requirements. We will supply you with a completed W9 form containing the information about us needed to support your 1099 filing.

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Your Acceptance of Binding Agreement and Payment Responsibility When Placing Course Order

As the last steps in the ordering process used on this Site, you must select a payment method for the immediate full payment to be charged (or for the immediate minimum partial payment/deposit to be charged, if so allowed and selected), and you must click the check box affirming your acceptance of this Agreement. Upon submitting the order for a Course or any Training Materials, you (and the entity you represent, if any) are entering a binding agreement with us that is governed by the terms of this Agreement. If you are a purchaser ordering or registering for any Course or Training Materials for employees or agents of your company or organization, you acknowledge that you are also acting as their agent, and have the authority to bind them to the terms of this Agreement as well. As such, you agree to put them on notice of the terms of this Agreement for which they are also bound. In the special case where you are authorized by us to place an order for a private course for an agreed minimum group size, but to pay only for your individual attendee fee (vs. pay for the full course), you agree and are responsible for ensuring that the others that make up the minimum agreed group also pay their individual fees within 14 days of the private course order placement date.

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Private Course Orders – Timing of Payment(s) for Orders and Added Attendees

The initial payment for a private Course order, whether for the deposit amount or the full amount, is due immediately at the time the order is placed. When a credit card is used for the initial payment, the charge will be authorized immediately and then, at our discretion, be charged either immediately or at a later date; if the charge is not immediate, it will typically occur within 7 days of order placement, and will occur no later than 30 days from order placement.

If you select paper check or ACH as the initial payment method for a private Course order, you must communicate with us to coordinate completion of this process (we and you will supply to each other any information requests and any information needed to complete the payment process in a timely fashion), and, in any case, the $900 deposit payment, at a minimum, must be received by us no later than 14 calendar days after the date the order is placed.

If you initially make the minimum deposit payment of $900 or any larger partial payment for a private Course order, the full payment of the remaining balance must be received by us no later than 7 calendar days prior to the private Course start date.

If you place separate “Add Attendee” order(s) to pay for additional attendees for a private Course that has already been ordered, the “Add Attendee” order must be placed, and payment received by us, no later than 7 days prior to the Course start date.

In the special case where you are authorized by us to place an order for a private Course with multiple attendees, but to pay only for your individual attendee fee (vs. pay for the full course), you agree and are responsible for ensuring that the other attendees also pay their individual fees within 14 days of the private Course order placement date.

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Public Course Registration Orders – Timing of Payment

The full payment for a public Course registration order must be made at the time the order is placed. Credit card is the only payment method accepted on our site for public Course registration. Your credit card information will be required at checkout to complete your order. The charge will be authorized immediately and then, at our discretion, be charged either immediately or at a later date; if the charge is not immediate, it will typically occur within 7 days of order placement. Any other offline payment method must be approved by us in advance (contact us). In any case, regardless of payment method, full payment of your registration must be received by us no later than 10 days prior to the public Course start date unless otherwise agreed.

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Private Course – Attendee Count/Name Adjustments Made After Initial Course Order

You may add attendees to your private Course after placing the initial Course order using our “Add Attendee” ordering service, provided that the maximum class size of 15 is not exceeded (unless approved by us) and that we receive payment for any “Add Attendee” orders no later than 7 days prior to the start date of the Course. “Add Attendee” orders placed near the cutoff date (defined as 7-10 calendar days prior to the Course start date) can be accepted, but we cannot guarantee in this case that any hardcopy course materials (as may be issued in onsite face-to-face courses) for such attendees would arrive at the Course location in time for the course. In this case, the attendee(s) affected would need to rely on the electronic versions of the course materials supplied by us until the physical materials arrive.

Attendee substitutions are allowed any time prior to the start of the Course, subject to limitations and requirements described further below. We will issue refunds for paid “added attendees” that cannot attend the Course for whatever reason, and for whom no substitute attendees are available, subject to the limitations and requirements described further below.

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You Must Create an Account to Place Orders

You must create an account and be logged into that account to enter the order checkout process, as having an account is necessary to access order and invoice information, and may be necessary to access any Training Materials or other materials associated with your order. Order confirmation and invoice will be emailed to you immediately after an order is successfully placed, and invoices may again be emailed at a later time, as necessary, to facilitate the payment of any remaining balance.

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Your Responsibility for Providing Suitable Classroom and Projection (for an Onsite Private Course), and Online Classroom Technical Capability for Delivery of an Ordered Course (for an Online Public or Private Course)

You agree and will ensure that
(a) for an onsite face-to-face private Course, you will provide a suitable training room (classroom) at a location within the United States (reserved and paid for by you, as needed), with appropriate lecture slide projector (at least XGA 1024×768 resolution and standard HDMI or VGA connection cable) and suitable projection screen for lecture presentation (typically, a viewable area of at least 6 feet wide and 4.5 feet high), and appropriate seating and table(s) for a multi-day course; or
(b) for a virtual (live online) course (public or private), attendees will have and use reliable high-speed internet connections with consistent speed of at least 3 Mbps for good audio and visual communications, attendees will use a headset and microphone (not speakers) for in-class audio communications, and attendees will have the ability to download, install and operate industry-standard online meeting applications such as “Go To Meeting” or “WebEx” on their laptop/desktop and at the location they will be using to participate in the Course (simple instruction are provided by us, and installation of these standard applications is typically quick and easy provided that the computers used are not blocked or restricted in a manner that prevents normal installation and use). Tablets or other smaller mobile/smartphone devices are NOT recommended for viewing the course due to screen size and readability limitations.

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Private Courses – Your Responsibility to Supply Names and Email Addresses of Course Attendees In Advance

You agree to provide us with the names and email addresses of known or likely Course attendees no later than 7 calendar days prior to the start date of the Course. These attendee names and email addresses are used for preparing and communicating important information related to pre-class preparation, class activities, responses to attendee questions, and related resources and Training Materials before, during, and after the Course. In the case of an online Course attendees, the expected location (street address) from which the attendees will most likely connect to the online sessions must also be provided to support our business records for training service usage location(s).

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Private Courses – Attendee Substitutions

Attendee substitutions may be made by you at any time prior to the Course start date, provided you notify us of any changes to previously provided attendee name and email information as soon as possible and prior to the Course start date. In the case of an online Course attendee, the expected location (street address) from which the attendee will most likely connect to the online sessions must also be provided to support our business records for training service usage location.

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Public and Private Courses – Attendee/Registrant Responsibility for Post-Course Certification Exam Arrangements, Exam Costs, and Passing Exams

You understand and agree that we do not provide or conduct any certification exams for attendees of any public or private Course you order from us. However, for attendees of our accredited course only, we do provide appropriate exam vouchers for attendees to use in booking their post-course exams, subject to the course attendance conditions stated in these Terms and Conditions. We do also provide and utilize practice questions and practice exams as part of the Course. For attendees who seek certification after attending our Course, scheduling and payment (or voucher redemption) for certification exam(s) must be done through an authorized test center website (a process that does not involve us, but which we explain to attendees), and such scheduling and payment (or voucher redemption) is the responsibility of the individual attendees. You further understand that, while our Course is designed to provide the knowledge needed to pass the certification exam(s) and pass rates of attendees are typically high, the ability of any given attendee to pass their certification exam(s) is related to a number of factors beyond our control, including, but not limited to, the attendee’s attendance and attentiveness throughout the Course, aptitude, background, English language proficiency, and willingness to engage in an appropriate amount of offline self-study and review of Training Materials prior to sitting the certification exam(s). For accredited course types that provide exam vouchers, any attendee who does not attend all sessions of the course may be disqualified from receiving a voucher, per requirements of The Open Group (specific conditions are provided elsewhere in these Terms and Conditions).

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PRIVATE COURSE – REFUNDS AND CANCELLATIONS

Private Course – Cancellation by You

If we receive written notice of your desire to cancel a private Course no later than 21 calendar days before the Course start date, we will issue a full refund of any payments received.

If we receive written notice of your desire to cancel a private Course less than 21 days prior to the course start date, a cancellation fee will be due. This cancellation fee is 20% of your course price, or $2000, whichever is less. An additional fee will be charged for any non-recoverable expenses already incurred by us at the time of cancellation, not to exceed $400 per attendee (such as the cost of non-transferable exam vouchers purchased in advance, and the cost of e-materials licenses for materials already downloaded by the attendee). Any amount already paid by you in excess of the cancellation fee(s) will be refunded.

No refunds will be issued for cancellation of the course by you on or after the course start date.

If any of the cancellation fees described above come into effect, and the payments received from you at that point are less than the stated cancellation fee(s), the difference between the cancellation fees and the payments received by us to that date will be due immediately.

We prefer cancellation notifications be sent to us via email, to

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Private Course – Refunds for Added Attendees That Are Unable to Attend a Private Course

We will, after your Private Course is completed and actual attendance is known, make non-attendance refunds on the price paid for “added attendee(s)” that did not attend the course, subject to the following allowances and limitations. “Added attendees” are those in excess of the one attendee included in the Course base price; these attendees are “added” for $500 each via the initial Course order, and/or optionally through “Add Attendee” order(s) placed after the initial Course order. Non-attendance refunds will be issued for a maximum number of attendees equal to 50% of the “added attendees” count, rounded down to the nearest whole number (example, if there are 7 “added attendees” (total class size of 8), then a maximum of 3 attendees are eligible for non-attendance refunds). Under no circumstances will such refunds be issued for the one attendee covered by Course base price. An attendee that has partial attendance over the duration of the Course is not eligible for a refund if that person’s total attendance time (combined with the total attendance time of any substituting attendee) exceeds 25% of the total Course duration, which is approximately 6.5 class contact hours, or one day for a four day course format. The amount of the non-attendance refund for each eligible added attendee may be lowered from a 100% refund ($500) to a lesser value, but not lower than 80% ($400), depending on a number of situational factors including the amount of advance notice given for a count reduction, timing of our expenditures on any course material production/licensing, timing of distribution of materials to attendees, etc. Non-attendance refunds will only be issued on paid amounts for the added attendees involved, and only after all other Course and Add Attendee orders have been paid in full. In the case of multiple scheduled Course orders, a paid added attendee that is unable to attend a given Course may be carried over and added to the next Course at no extra charge.

In all cases, “class size” includes the one base attendee and any added attendees, and the maximum class size is 15 unless other agreements have been made with us.

As described in another section of the Agreement (above), you may make substitutions for any attendee at any time prior to the start of the private Course, therefore such substitutions can be used to avoid a reduced attendee count and thereby eliminate the circumstances for non-attendance refunds; any such substitutions will require that any licensed Training Materials are issued to the substitute and that any licensed Training Materials that may have already been issued to the person being replaced are deactivated, removed and/or returned to us as directed by us.

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Private Course – Restriction Of Your Course Attendee Count Due To Non-Payment

We reserve the right to restrict the number of attendees allowed to be present at the start of a Course to the number of attendees that have been paid in full prior to the start of the Course. As stated earlier in the Agreement, our payment terms require that we receive payment in full for the Course order and any “Add Attendee” order(s) no later than 7 days prior to the start of the Course.

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Private Course – Rescheduling

If we receive written notice of your desire to reschedule a Course no later than 21 calendar days before the current Course start date, the Course may be rescheduled to other later dates that are available and agreed by us with no additional charge; any remaining balance owed for the Course must be received by us no later than 7 calendar days prior to the agreed revised Course start date.

If we receive written notice of your desire to reschedule a Course less than 21 days before the current Course start date, the course may be rescheduled to other later dates that are available and agreed by us, but an additional rescheduling fee of $500 may be charged plus any additional travel or lodging costs incurred by us in association with making preparations/bookings for the current dates; the total of all such additional charges will not exceed $2,000 in any case. Any such additional fees resulting from rescheduling will be due, along with any other remaining balance, no later than 7 calendar days prior to the agreed revised Course start date.

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Private Course – Cancellation by Us Due to Our Inability to Conduct Course

We will make every effort to fulfill our obligation to conduct your Course on the agreed dates per the Course order. However, if circumstances arise that our beyond our control, including but not limited to death, illness, severe weather, unavoidable conflicts, technical difficulties beyond our control or ability to solve that impact our ability to deliver a Course, or other emergency that prevents our instructor from fully supporting the agreed dates (including those covered by the Force Majeure provision of this Agreement), we reserve the right to cancel the Course. In the event we must cancel your Course for any such reason , we will notify you as soon as possible, and we will offer the option of a full refund of any payments received, or a rescheduling of the course to different, mutually agreed dates with the total price of the Course reduced by $1,000 in consideration of the inconvenience to you; a refund will be issued for any payments received in excess of this reduced price. Any agreement with us on a rescheduled Course will shift the due date for payment such that payment for any remaining balance must be received no later than 7 calendar days prior to the agreed revised Course start date.

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Private Course – Cancellation by Us Due to Your Failure to Comply With This Agreement

If you fail to comply with the Course payment terms described earlier in the Agreement, or if you fail to comply with any other parts of this Agreement, we reserve the right to cancel your Course. In the event we cancel your Course and charge any applicable cancellation fees due to your failure to comply with the terms of this Agreement, we will notify you in writing and refunds will be issued minus any cancellation fees applied. If the payment due date that is missed by you, or the date on which we become aware of any other failure by you to comply with the Agreement, is within 21 calendar days of the Course start date, a cancellation fee of at least $900 may apply, and additional cancellation fees may be applied to cover the cost of any non-refundable expenses incurred by us for any preparations and/or bookings previously made to support the cancelled Course. The amount by which any such cancellation fees exceed your prior payments is due immediately.

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Private Course – Return of Materials After Cancellation

Any physical hardcopy Training Materials received by you must be returned to us immediately after Course cancellation by either you or us, provided there is no agreement between you and us on rescheduling the Course that would allow the materials to be retained by you. Any refunds due to you per the policies above will not be issued until such materials are received by us. If the materials are not received by us within 14 calendar days of the cancellation notice, we will issue any refunds minus the cost of the training materials (not to exceed $100 per attendee); in this case, you will no longer be required to return the materials but you and any others to whom the licensed materials were issued will be responsible for complying with the licensee requirements stated in this Agreement.

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Private Course – Timing of Refunds

Any refunds that we might issue to you due to Course cancellation by you, Course cancellation by us, or non-attendance of “added attendees”, per the requirements and limitations stated in the sections above, will be issued within 14 calendar days of our receipt or our issuance of the Course cancellation notice, or within 14 calendar days after the end of the Course in the case of non-attendance refunds, provided that any materials that must be returned to us have been returned and required prior payments have been made. We will typically make refunds to the same credit card account(s) associated with the Course order and/or any pertinent added attendee order(s), and in the case of check or ACH payments, we will work with you to arrange refunds in a manner appropriate to those payment methods. Our 14 day commitment for issuing refunds does not include any additional time required for refund check delivery via mail or other carriers, or for credit-card/ACH transactions and transfers to be completed through processor companies or involved financial institutions.

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PUBLIC COURSE REGISTRATION – REFUNDS AND CANCELLATIONS

Public Course – Registration Cancellation by You

If we receive written notice of your desire to cancel your registration in a public Course no later than 21 calendar days prior to the Course start date, we will issue a full refund of any payments received, with the following exception: If a “Colleague Discount” has been applied by another registrant based on your initial full price registration, the amount of one such Colleague Discount will be deducted from your refund unless one colleague who has received this discount is willing to forego the discount and pay the regular full registration price.

If we receive written notice of your desire to cancel your registration in a public Course 10 to 20 calendar days prior to the Course start date, we will issue a refund of any payments received in excess of $500; a $500 cancellation fee applies in this case and that amount will not be refunded. Additionally, if a “Colleague Discount” has been applied by another registrant based on your initial full price registration, the amount of one such Colleague Discount will also be deducted from your refund unless one colleague who has received this discount is willing to forego the discount and pay the regular full registration price.

If we receive written notice of your desire to cancel your registration in a public Course less than 10 calendar days prior to the Course start date, but not on or after the Course start date, we will issue a refund of any payment received in excess of $800; an $800 cancellation fee applies in this case and that amount will not be refunded. Additionally, if a “Colleague Discount” has been applied by another registrant based on your initial full price registration, the amount of one such Colleague Discount will also be deducted from your refund unless one colleague who has received this discount is willing to forego the discount and pay the regular full registration price.

No refunds will be issued for cancellation, by you, of your registration in a public Course on or after the course start date.

If any of the cancellation fees described above come into effect, and the payments received from you at that point are less than the stated cancellation fee, the difference between the cancellation fee and the payments received by us to that date will be due immediately.

We prefer cancellation notifications be sent to us via email, to

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Public Course – Cancellation by Us

Courses that are NOT marked as “CONFIRMED” are subject to cancellation by us if a minimum number of paid attendee registrations have not been met (the “CONFIRMED” marking is next to the course dates in the course description on the order form and other Site pages listing scheduled public courses; if this marking exists, the course is not subject to cancellation by us based on registration count). Typically, a minimum of 3 registrants are required for us to conduct a scheduled public course. The decision to confirm or cancel a course is made by us no later than 7 calendar days prior to the public Course start date, based on registrations received to that point, and all existing registrants will be notified of the confirmation or cancellation via email at that time or earlier. In the event of a decision by us to cancel the course due to registration minimums not being met, you will be given the choice of receiving a full refund of your payment, or having your registration carried forward to a different scheduled public Course. If you choose to have your registration carried forward to another public Course, you may still subsequently cancel your registration, subject to the cancellation lead times and fees described above for public Course registration cancellations.

If public Course registration minimums are met and the Course is confirmed, we will make every effort to fulfill our obligation to conduct the public Course on the agreed dates and times. However, if circumstances arise that our beyond our control, including but not limited to death, illness, severe weather, unavoidable conflicts, technical difficulties beyond our control or ability to solve that impact our ability to deliver a Course, or other emergency that prevents our instructor from fully supporting the agreed dates (including those covered by the Force Majeure provision of this Agreement), we reserve the right to cancel the Course at any time. In the event we must cancel a public Course for any such reason, we will notify you as soon as possible, and we will offer you the options of a full refund of any payments received, or a rescheduling of the course to different dates/times mutually agreed by us and all participating registrants, or a transfer of your registration to a different scheduled public Course. If you choose either the option to reschedule to different dates, or the option to transfer to a different public Course, the price of your individual registration will be reduced by $300 in consideration of the inconvenience to you; a refund will be issued for payment received in excess of the reduced price. If you choose to have your registration carried forward to another public Course, you may subsequently cancel your registration, subject to the cancellation lead times described above for public Course registration cancellations initiated by you.

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Public Course – Registration Cancellation by Us Due to Your Failure to Comply With This Agreement

If you fail to comply with the Course payment terms described earlier in the Agreement, or if you fail to comply with any other parts of this Agreement, we reserve the right to cancel your registration for a public Course. If the payment due date that is missed by you, or the date on which we become aware of any other failure by you to comply with the Agreement, is within 21 calendar days of the Course start date, a cancellation fee of $500 may apply. In the event we cancel your Course registration and charge any applicable cancellation fees due to your failure to comply with the terms of this Agreement, we will notify you in writing and refunds will be issued for any payment received in excess of the cancellation fee. The amount by which the cancellation fee exceeds your prior payment is due immediately.

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Public Course – Timing of Refunds

Any registration refunds that we might issue to you due to Course cancellation by you or by us, per the requirements and limitations stated in the sections above, will be issued within 14 calendar days of our issuance or receipt of the Course cancellation notice. We will typically make refunds to the same credit card account associated with the Course registration order. Our 14 day commitment for issuing refunds does not include any additional time required for credit-card transactions and transfers to be completed through card processor companies or involved financial institutions.

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CONDITIONS AND RESTRICTIONS ON EXAM VOUCHERS AND “SECOND-CHANCE EXAM RETAKE GUARANTEE” (applies to accredited course only)

Vouchers Provided for Certification Exams and Related Conditions – Accredited Course Only

eLearning Launchpad provides appropriate vouchers for post-course certification exams (used as payment to book exams at Pearson VUE testing centers) for paid attendees of our accredited “TOGAF 9 Prep Training (Levels 1 and 2)” course, subject to the following conditions. For an attendee to receive such a voucher, the attendee must be in attendance throughout all sessions of the course. We may, at our discretion, provide a voucher to an attendee who has had only minimal absence from the course sessions due to unavoidable conflicts or critical issues requiring their attention, provided that their absence is discussed with the instructor and does not exceed 10% (3 hours) of the total course contact time of 30 hours. Vouchers are not provided for attendees of our non-accredited “EA Framework Cert Prep 200 Course”.

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“Second-Chance Exam Retake Guarantee” and Related Conditions and Restrictions – Accredited Course Only

eLearning Launchpad provides a “Second-Chance Exam Retake Guarantee” for paid attendees of our live, accredited “TOGAF 9 Prep Training (Levels 1 and 2)” course, provided that the course was ordered via our online ordering system; courses ordered offline (e.g., via PO) will NOT be covered by this guarantee unless specifically agreed by us. This guarantee is NOT provided to attendees of our non-accredited “EA Framework Cert Prep 200 Course”.
Under this guarantee, we will provide one free exam retake voucher to an attendee that fails to pass a TOGAF 9 certification exam on their first attempt, subject to the conditions and restrictions listed below and in the paragraph above. The guarantee applies to retakes of both the Part 1 and Part 2 (also referred to as Level 1 and Level 2) exams of the “combined” exam (OG0-093) for which a voucher for each attendee is included in the course, as well as to the separate Part 1 and Part 2 exams (OG0-091 and OG0-092, respectively) for which vouchers may have been supplied by us as a requested substitute for the standard combined vouchers (attendee receipt of voucher(s) is subject to the conditions stated herein). To qualify for, and use a free exam retake voucher under this guarantee, the following conditions and restrictions apply to each attendee:
a) The date of the failed first exam attempt must have occurred no sooner than 2 days after completion of the course (to allow a minimal period for post-course self-study and review) and no later than 30 days after completion of the course (to limit the loss of retention).
b) The attendee must have attended the live instructor-led course sessions. Unless otherwise agreed, absence from the live instructor-led class sessions in excess of 3 hours (approx. 10% of the total class session time) will automatically disqualify an attendee from receiving a free retake voucher.
c) Any retake exam must be scheduled on a date that is at least one month AFTER the failed exam date, otherwise the results will be voided (this is a requirement of The Open Group).
d) No additional retake vouchers will be provided by us if the attendee fails the retake exam (ie, fails the exam more than once).
e) The attendee must provide us with a copy of their score report (available in the attendee’s Pearson VUE online account) showing the attendee name, exam score, exam date, and name of the exam.
f) Requests for a retake voucher under this guarantee (including the information identified in item “e” above) must be received by us no later than 7 days after the failed first attempt, and the first attempt must have occurred within the date range defined in item “a” above.
g) Attendees for whom English is a second language, and who qualify for ESL exam time extensions based on country of residence (per The Open Group provisions for ESL exam time extensions and ESL country list as described in the provided exam fact sheet), must make use of the allotted ESL time extensions, and must select the “ESL” version of the exam in the online booking process (if available).
h) This guarantee does not apply to cases where the original exam voucher included with the course was surrendered and could not be used by the attendee to complete their exam for reasons including, but not limited to, an exam being scheduled, but not taken or completed, due to cancellation with inadequate notice to Pearson VUE, failure to show up for a scheduled exam, failure to complete the full exam session, failure to show up for the exam on time, or failure to meet the Part 2 exam prerequisites (ie, Part 1 not being passed and/or Foundation not yet being granted, in the case of using separate exam vouchers).

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OTHER AGREEMENTS ON YOUR USE OF THE SITE AND OUR OFFERINGS

Use of Site and Our Offerings

As described above, the Site offers, among other things, various types of Training Materials. The license to use certain Training Materials may be offered and sold separately from any Course, or may be provided to Course attendees as part of a purchased Course. By using the Site or purchasing any Courses, Training Materials, or any other products or services from the Company (the Site and Our Offerings), you agree to at all times comply with, be bound by, and adhere to these Terms and Conditions. You, and any of your company’s or organization’s employees or agents who are provided licenses to Training Materials by way of orders you place, may only make use of the Site, or any Course or Training Materials for personal, non-commercial, purposes only. Any information you submit to the Site must be accurate, true, complete and correct.

You acknowledge that there may be interruptions in service or events that are beyond our control that affect our Site and Our Offerings (meaning the Site, and all services, products, Courses, and licensed Training Materials offered by us through the Site or other channels). The Site and Our Offerings may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control Site access may be interrupted, suspended or terminated. The Company retains the right at our sole discretion to deny service, or access to the Site and Our Offerings to anyone or an account, at any time and for any reason.You further acknowledge that we do not warrant the accuracy of any information posted on or included in the Site and Our Offerings.

All interactions with the Site and Our Offerings must be lawful and must comply with these Terms and Conditions. To the extent your conduct (as judged by us in our sole discretion), restricts or inhibits any other users from using any part of the Site and Our Offerings, we may limit your privileges or access regarding the Site and Our Offerings and seek other remedies. You agree to use the Site and Our Offerings only for lawful purposes and only for personal and non-commercial use by you and any other employees or agents of your company or organization whom you represent and for whom any required license and/or access rights have been granted by us.

Everything located on or included in the Site and Our Offerings is the exclusive property of the Company or is being used with permission. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, SCRAPING, OR OTHER MODIFICATION OF THIS SITE AND OUR OFFERINGS (INCLUDING ANY INFORMATION CONTAINED THEREIN) WITHOUT THE EXPRESS WRITTEN PERMISSION OF THE COMPANY IS EXPRESSLY PROHIBITED. Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

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Copyright and Trademark Restrictions and Requirements

Our Site and Our Offerings (meaning the Site, and all services, products, Courses, and licensed Training Materials offered by us through the Site or other channels) , and any content contained therein contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, and audio, and all such content is protected by copyright under the United States copyright laws. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Subject to any additional restrictions stated in a document or item, you may download, print, and/or save copyrighted material for the personal use of you, and any of your company’s employees or agents for whom you purchase a Course or Training Materials licenses. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of the Company or the copyright owner is permitted. You will not upload, post or otherwise submit on this Site, or other platforms we may utilize, any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission.

The Site and Our Offerings, and any content contained therein is protected to the maximum extent permitted by copyright laws and international treaties including, but not limited to the Company’s website design, Training Materials design, the design of any other of our products, and other related trade dress.

The content displayed in or through the Site and Our Offerings is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the content in our Site and Our Offerings, or the collective work, and/or copying or reproducing of such content or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of the Company.

You further agree not to reproduce, duplicate or copy any content from the Site and Our Offerings without the express written consent of the Company, and agree to abide by any and all copyright notices displayed on or in the Site and Our Offerings. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Site and Our Offerings. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Site and Our Offerings.

The restrictions and requirements stated above in this Copyright and Trademarks section also apply to each individual who receives or uses licensed Training Materials as a result of any order that you place on their behalf. For example, you will be responsible for providing all attendees covered by a private group Course order with notice of these restrictions and requirements, and hereby acknowledge that you have the authority to bind such individuals to this Agreement by virtue of your placing an order for a Course or Training Materials on their behalf.

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Account Creation

If you create an account on our Site (as is required before orders can be placed), you may only create and hold one account that you are solely responsible for managing. Your account is non-transferrable and may not be sold, combined or otherwise shared with any other person. If you violate any of these limitations we may terminate your account, without limitation. If we terminate your account, you may not re-enroll or join under a new account unless we formally invite you. If you commit fraud or falsify information in connection with your use of the Site or in connection with your account, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Site.

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Disclaimer of Warranty

YOU EXPRESSLY AGREE THAT USE OF THIS SITE, OUR COURSES, OUR TRAINING MATERIALS, OR OTHER PRODUCTS AND SERVICES OFFERED BY US IS AT YOUR SOLE RISK. NEITHER COMPANY, ITS SUBSIDIARIES AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, OWNERS, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE THIS SITE, OUR COURSES, OUR TRAINING MATERIALS, OR OTHER PRODUCTS AND SERVICES OFFERED BY US WILL BE AVAILABLE IN AN UNINTERRUPTED FASHION, ERROR FREE, OR MEET ANY PARTICULAR EXPECTATION; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, ANY COURSE, ANY TRAINING MATERIALS, OR ANY OTHER PRODUCT OR SERVICE PROVIDED BY US, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, DATA, OR SERVICES PROVIDED THROUGH THIS SITE, ANY COURSE, OR ANY TRAINING MATERIALS. THE SITE, ANY COURSE, ANY TRAINING MATERIALS, OR ANY OTHER PRODUCT OR SERVICE PROVIDED BY US ARE MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF DATA ACCURACY, TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY FURTHER DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, BUT NOT LIMITED TO, THOSE OF DATA ACCURACY, TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SITE, ANY COURSE, ANY TRAINING MATERIALS, OR ANY OTHER PRODUCT OR SERVICE PROVIDED BY US.

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Licenses, Intellectual Property, and Related Restrictions on Use

Subject to User’s continuous compliance with these Terms and Conditions and payment of the applicable fees, Company grants User a non-exclusive and limited license to use the Training Materials sold as individual products or provided in connection with any purchased Course in a manner consistent with the terms of these Terms and Conditions.

The Training Materials and any authorized copies that User makes are the intellectual property of and are owned by Company and any other third parties who authored and/or license us to use certain content. The structure, organization, and content provided by the Training Materials are the valuable trade secrets and confidential information of Company and others who may license or otherwise provide content to us. The Training Materials are protected by law, including but not limited to the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly stated herein, these Terms and Conditions do not grant User any intellectual property rights in the Training Materials. All rights not expressly granted are reserved by Company and any other third parties or licensors who may have authored and/or licensed us to use certain content.

Any permitted copy of the Training Materials that User makes must contain the same copyright and other proprietary notices that appear on or in the Training Materials. User agrees that it will not use the Training Materials other than as permitted by these Terms and Conditions and that it will not use the Training Materials in a manner inconsistent with their design. Except as expressly permitted herein, User may not modify, adapt, or translate the Training Materials. Except as otherwise expressly permitted herein, User will not reverse engineer, decompile, disassemble, or otherwise attempt to infringe on the copyright that the Company holds in the Training Materials, including but not limited to the creation of any copies or derivative works of the Training Materials. The Training Materials is designed and provided to User as a single product to be used as a single product for the personal, non-commercial use by only one (1) User per license, as permitted herein. Copying and distribution of Training Materials or other products provided by us without the purchase of additional licenses is strictly prohibited, and is a violation of these Terms and Conditions. USER WILL NOT COPY, RENT, LEASE, SELL, SUBLICENSE, ASSIGN, OR TRANSFER ITS RIGHTS IN THE TRAINING MATERIALS OR OTHER PRODUCTS (INCLUDING WITHOUT LIMITATION, TRAINING MATERIALS OR OTHER PRODUCTS OBTAINED THROUGH A WEB DOWNLOAD), OR AUTHORIZE ANY PORTION OF THE TRAINING MATERIALS OR OTHER PRODUCTS TO BE COPIED ONTO ANOTHER INDIVIDUAL OR LEGAL ENTITY’S COMPUTER EXCEPT AS MAY BE EXPRESSLY PERMITTED HEREIN. BY ENTERING INTO THIS AGREEMENT WITH THE COMPANY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND ANY INDIVIDUALS FOR WHOM YOU ARE PURCHASING ANY COURSE OR TRAINING MATERIALS, AND THAT YOU SHALL MAKE SUCH INDIVIDUALS AWARE OF THESE RESTRICTIONS, THE TERMS OF THIS AGREEMENT, AND THAT YOU HAVE BOUND SUCH INDIVIDUALS TO THIS AGREEMENT ON THEIR BEHALF.

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ADDITIONAL LEGAL TERMS

Limitation of Liability

IN NO EVENT SHALL THE COMPANY, ITS SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, OWNERS, EMPLOYEES, AGENTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSEES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, YOUR PURCHASE OF, RELIANCE ON, OR PARTICIPATION IN ANY COURSE, YOUR PURCHASE OF, RELIANCE ON, OR USE OF ANY TRAINING MATERIALS OR OTHER PRODUCTS OR SERVICES, COURSE CANCELLATION BY THE COMPANY (AND ITS EMPLOYEES OR AGENTS), DELIVERY OF ANY TRAINING COURSE OR TRAINING MATERIALS, PREPARATION OR ABILITY OF COURSE ATTENDEES/USERS TO PASS THEIR TOGAF CERTIFICATION EXAMINATIONS, ANY CONTENT CONTAINED IN ANY COURSE OR ANY TRAINING MATERIALS, THE EFFECTIVENESS OF ANY TRAINING INSTRUCTORS OR STAFF, THE CONTENT, STATEMENTS, OR INFORMATION CONTAINED ON THIS SITE, OR THESE TERMS AND CONDITIONS. IN NO EVENT WILL COMPANY’S LIABILITY IN CONNECTION WITH YOUR USE OF THE SITE, ANY COURSE, ANY TRAINING MATERIALS, ANY OTHER PRODUCTS OR SERVICES, OR ANY INFORMATION CONTAINED THEREIN EXCEED THE AMOUNT PAID BY YOU TO US FOR THE DISPUTED PRODUCT OR SERVICE.

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Force Majeure

Neither the Company nor any of its officers, directors, employees or agents (collectively, the “Company Agents”) are liable for delays or failures in performance under this Agreement due to a Force Majeure Event (as defined herein) beyond its reasonable control. In the event of such delay, the time for performance shall be extended as reasonably necessary to enable performance. A “Force Majeure Event” means any cause(s) which render(s) the Company or the Company Agents wholly or partly unable to perform its obligations under this Agreement, which are neither reasonably within the control of the Company or Company Agents, and which occur despite all reasonable attempts to avoid, mitigate or remedy, and shall include weather issues, flight cancellations, blizzards, cyclones, hurricanes, floods, fires, explosions, earthquakes, lightning, storms, acts of God, riots, civil insurrections, chemical contamination, epidemics or plagues, acts or campaigns of terrorism or sabotage, blockades, embargoes, accidents or interruptions to transportation, trade restrictions, acts of any Governmental Authority after the date of this Agreement, strikes and other labor difficulties, and other events or circumstances beyond the reasonable control of the Company or the Company Agents.

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Dispute Resolution

YOU EXPRESSLY WAIVE YOUR RIGHT TO A TRIAL BY JURY. By using this Site, purchasing or otherwise using or participating in any Course, or using or purchasing any Training Materials or other products or services, you agree that any claim, dispute, or controversy you may have against the Company or any of its officers, directors, employees, agents, or affiliates arising out of, relating to, or connected in any way with this Agreement this Site, any Course, or any Training Materials shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”). You agree further that: (a) the arbitration shall be held in Rockford, Illinois or at such other location as may be mutually agreed upon by you and the Company; (b) the arbitrator shall apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (c) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or the Company’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; and (d) with the exception of subpart (c) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.

You agree that any claim against the Company arising out of this Agreement, your use of the Site, any Course, or any Training Materials or other product or service, whether based in contract or tort or otherwise, for damages or any other type of remedy in law or equity, shall be brought within the later of one (1) year from the date the breach, act or failure to act by any person occurred, or within six (6) months of the date claimant knew or should of known of the breach, act or failure to act by the party to be charged.

If the Company employs attorneys to enforce any rights arising out of or relating to these Terms and Conditions or to defend itself in any claim brought by you, you shall reimburse the Company for its reasonable attorneys’ fees. In the event that you bring any claims against the Company that are ultimately unsuccessful, you agree to reimburse the Company for any attorneys fees incurred in connection with the defense of the unsuccessful claims brought by you.

You hereby waive all right to initiate any class action lawsuit or arbitration against the Company, and hereby waive your right to participate in any pending or putative class action lawsuit or arbitration against the Company. In the event that the Company brings any action against you to enforce any provision or right under these Terms and Conditions, you agree that you shall not assert any counterclaims in that proceeding. Any such counterclaims must be brought in a separate proceeding.

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Third Party Websites

The Site may contain links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk.

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Indemnification

You agree to defend, indemnify and hold harmless the Company, its subsidiaries, affiliates and their respective directors, officers, owners, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by you in connection with the Site, any Course, or the Training Materials, or any use of the Site, any Course or the Training Materials in violation of these Terms and Conditions.

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Termination; Survival

Without limiting the foregoing, the Company shall have the right to immediately terminate or suspend any of your passwords or accounts, or access to the Training Materials or other products or services, in the event the Company considers, in its sole discretion, any of your conduct to be unacceptable, or in the event you breach this Agreement. Notwithstanding the above, your obligations under this Agreement will survive termination of this Agreement.

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Miscellaneous Terms

We reserve the right at all times to discontinue or modify any part of this Agreement as we deem necessary or desirable. If we make changes that materially affect your use of the Site, any Course, or the Training Materials, we may (but are not required to) notify you by sending you an e-mail to the e-mail address that is registered with your account and/or by posting notice of the change on the Site. Any changes to these Terms and Conditions will be effective immediately upon our posting of notice of the changes on our Site. These changes will be effective immediately for new users of the Site and the Training Materials. We suggest that you revisit our Terms and Conditions from time to time to ensure that you stay informed of any such notifications of changes to applicable Terms and Conditions or licenses for the Site or the Training Materials. Your use of the Site after we update these Terms and Conditions will constitute acceptance of the modified Terms and Conditions. We also reserve the right to change or discontinue any aspect or feature of our services or the Site including, but not limited to requirements for access or use.

No waiver by either you or the Company of any breach or default or failure to exercise any right allowed under this Agreement is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Agreement. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of our Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of our Agreement shall continue in full force and effect.

The provisions of these Terms and Conditions apply equally to and are for the benefit of the Company, its subsidiaries, affiliates, and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

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