Looker Legacy Terms & Conditions
View the specific legacy T&C and privacy policy by date below.
Effective Date: February 24, 2021 Terms & Conditions THESE TERMS ARE SUBJECT TO CHANGE FROM TIME TO TIME
IN LOOKER'S SOLE DISCRETION. IT IS YOUR
RESPONSIBILITY TO REVIEW THESE TERMS CAREFULLY AS
YOU MUST COMPLY WITH THE MOST CURRENT VERSION OF THE
AGREEMENT. BY SELECTING "AGREE" OR OTHERWISE INDICATING YOUR
AGREEMENT, YOU ARE CONSENTING TO BE BOUND BY ALL OF
THE TERMS AND CONDITIONS HEREIN AS AN INDIVIDUAL
CERTIFIED PROGRAM CANDIDATE. BY ACCESSING OR USING A
LOOKER CERTIFICATION PROGRAM BENEFIT YOU ARE
AGREEING TO THE MOST CURRENT VERSION OF THIS
AGREEMENT. Details Looker’s Exam Terms and Conditions (the "Terms")
are entered into between the examinee ("You") and
Looker Data Sciences, Inc. ("Looker") as of the date
You click "I agree" below (the "Effective Date").
Eligibility You must be 18 years of age or older to be eligible
for any Looker certification exam ("Exam"). Confidential Information The content of the Exam, including without
limitation, questions, answers, or any
communication, including oral communication,
regarding or related to the Exam, as well as any
other non-public information concerning Looker, is
Looker's confidential information ("Confidential
Information"). Any disclosure of Confidential
Information is a violation of these Terms and could
compromise the integrity and security of this
certification program. Looker makes exams available
to you solely for the purpose of demonstrating
competency in the content area assessed by the Exam.
You are expressly prohibited from disclosing,
publishing, reproducing, copying, selling, posting,
downloading or transmitting any Confidential
Information, in whole or in part, in any form or by
any means, oral or written, electronic or
mechanical, for any purpose. Your confidentiality
obligations shall survive termination or expiration
of these Terms for any reason. Certification/Revocation If you violate these Terms, you may be prohibited
from taking the Exam and/or any other Looker Exam;
you may be decertified from the Looker Certification
Program; and Looker, in its sole discretion, may
terminate any applicable business relationship with
you and prohibit you from accessing any of our exam
services. Misconduct If Looker discovers that You have engaged in
misconduct or misuse of the Exam or otherwise
violated these Terms or assisted others in doing so:
(1) you may lose all Looker certifications
(including the Credential Designation described
below), (2) you may be barred from taking or
retaking the Exam or any other Looker exam, and (3)
Looker, in its sole discretion, may choose to
terminate any applicable business relationship with
you, if any. Examples of misconduct and/or misuse of the Exam
include but are not limited to: a. Providing false or fraudulent
identification b. Providing or accepting improper
assistance, or submitting any work that is not your
own c. Disseminating actual Exam content
by any means including, but not limited to, web
postings, formal or informal test preparation or
discussion groups, reconstruction through
memorization, or any other method d. Misusing any testing
identification number, username, or other
credentials that have been provided to you e. Possession or use of
non-authorized materials during the Exam f. Using unauthorized materials
(including brain-dump material and/or unauthorized
publication of Exam questions with or without
answers) to prepare for the Exam g. Making notes of any kind during
the Exam h. Removing or attempting to remove
Exam material (in any format) i. Intentionally causing a
disturbance of any kind during the Exam j. Modifying and/or altering the
results and/or score report for this Exam or any
other Exam record k. Circumventing the Exam retake
policy l. Misrepresentation of certification
status m. Misconduct as determined by
statistical analysis n. Unauthorized accessing of Exam or
Exam content (including access of materials in
forums, chat rooms, discussion groups, blogs or
other sharing sites with intent to circumvent Exam
procedures) o. Any other acts or omissions that
are inconsistent with the Looker Certified Program
requirements Failing and Retaking the Exam Unless stated otherwise, if you fail the Exam, you
may retake the Exam, but you must wait at least
fourteen (14) days before doing so. If you fail the
Exam a second time, you may retake the Exam, but
must wait at least sixty (60) days before doing so.
If you fail the Exam a third time, you may retake
the Exam, but you must wait at least one (1) year
before doing so. Credential Designation Upon successful completion of the Exam, and subject
to these Terms, Looker grants You a personal,
non-exclusive, non-transferable, revocable license
to use the applicable Looker certification logo
("Credential Designation") for the sole purpose to
indicate that You meet the criteria for the
applicable Credential Designation. You acknowledge
that Your Credential Designation will not be
considered current unless You have successfully
completed (i.e. received the minimum passing score
on) both (i) the applicable initial Exam, and (ii)
any subsequent Looker release-specific exams
required for Your original Credential Designation.
You may be required to pay an additional recurring
fee to register for release-specific exams after the
initial Exam. You may not use the Credential
Designation in any way that: i) may be construed to
establish an affiliation between Looker and any
third parties other than You; or ii) negatively
impacts Looker's reputation or goodwill. Looker
retains all rights, title and interests in the
Credential Designation. Nothing herein shall be
construed to grant any other rights to You. Use of Credential Designation Your use of the Credential Designation is only for
the personal use of the individual person who passed
the Exam, and cannot be used to represent that a
company or school is certified. That is, a company
or school may not represent itself as certified—only
those individual persons who have passed the Exam
may represent themselves as certified. Your use of
the Credential Designation is subject to Looker's
then-current usage guidelines, a copy of which may
be provided to you from time to time. Other than as
expressly allowed under these Terms, You agree a) to
use the Credential Designation in a manner that is
consistent with industry standards and will provide
samples of use if requested by Looker; b) not to
modify the Credential Designation in any way, and c)
not to use, register or seek to register any mark,
name (including but not limited to company and
product name), taglines, social media handles,
advertising keywords, or any other source
identifying designation that consists of or
incorporates the Credential Designation or any of
Looker's trademarks ("Looker Marks"), in any format,
or is otherwise confusingly similar to Looker Marks.
You also acknowledge that your use of the Credential
Designation upon successful completion of the Exam
is not in any way a warranty or guarantee of your
abilities with regards to the Looker products or
services in general or any other offering. You may
not suggest or represent that the Credential
Designation is any such warranty or guarantee of
your abilities. Embargoed Countries Looker complies with the U.S. government’s list of
restricted countries maintained by The Office of
Foreign Assets Control of the US Department of the
Treasury. For online Exams, you must present
approved identification showing residence in a
non-embargoed country. Exam Policies The Looker Exam policies are located
at https://looker.com/certification#program-details,
or other such URL as Looker may provide. These
policies are incorporated by this reference, and may
change from time to time. If Looker suspects that
You are in violation of any of the policies, Looker,
in its sole discretion, may revoke any of your
Looker certifications and You may be permanently
barred from taking any Looker exam. Personal Information and Privacy When we collect and process your personal
information during participation in the Exam, your
personal information is handled in accordance
with Looker's Privacy Policy,
as well as the additional Enterprise Certification
and Exam Privacy and Policies Terms below. In providing Exam services, we may collect personal
information such as: a. Your answers to exam questions and
the results of the exam b. A record of your interactions with
our performance-based exams c. Your certification status d. Photographic and/or video
recordings taken to confirm your identity, prevent
fraud, and to otherwise help administer and score
the test Term and Termination These Terms shall continue in effect from the
Effective Date until terminated as provided herein.
Looker may terminate these Terms with or without
cause upon thirty (30) days written notice to you.
Looker may, in its sole discretion, terminate these
Terms at any time and revoke your Credential
Designation if Looker determines that You breached
the terms herein. Upon termination of these Terms,
Your rights to use the Credential Designation shall
cease immediately, which requires that You
immediately remove the Credential Designation from
all electronic and hard copy materials, including
but not limited to websites, social media
sites/accounts, blogs, email signatures, resumes,
and business cards. In the case of hard copy
materials, any unused materials must be destroyed
within ten (10) days of termination. Indemnification You agree to indemnify, defend and hold Looker and
its officers, directors, affiliates, employees and
representatives harmless from and against any and
all claims, losses, liabilities, damages, costs and
expenses, including reasonable attorney's fees,
arising out of, relating to, or caused directly by
your negligent act or omissions in regards to your
use of the Credential Designation, or breach of your
obligations under this Agreement. Warranties LOOKER MAKES NO WARRANTIES OF ANY KIND, WHETHER
EXPRESS, IMPLIED, STATUTORY OR OTHERWISE AND
SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES,
INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW. Limitation of Liability IN NO EVENT SHALL LOOKER'S AGGREGATE, CUMULATIVE
LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS,
WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY
OF LIABILITY, EXCEED THE FEES PAID TO LOOKER, IF
ANY, TO PARTICIPATE IN THE CERTIFIED PROGRAM. IN NO
EVENT SHALL LOOKER HAVE ANY LIABILITY TO YOU FOR ANY
LOST PROFITS OR FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES
HOWEVER CAUSED AND WHETHER IN CONTRACT, TORT OR
UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT
LOOKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. No partnership, agency or joint enterprise You acknowledge nothing herein shall be construed
as creating a partnership, agency or any form of
joint enterprise based on these Terms or your
authorized use of the Credential Designation. Assignment You acknowledge that the rights and obligations
hereunder, including any rights to use the
Credential Designation, in whole or in part, are
personal and may not be assigned by You to any third
party. Any attempted assignment will be null and
void and shall constitute a breach of these Terms.
No modification of these Terms or waiver of rights
will be effective unless agreed in writing by the
party to be charged. Waiver of any breach or default
will not constitute waiver or any other right under
these terms or conditions or any subsequent breach
or default. Governing Law, Venue and Waiver of Jury Trial;
Class Waiver This Agreement shall be governed exclusively by the
internal laws of the State of California, without
regard to its conflicts of laws rules. The state and
federal courts located in Santa Clara County,
California shall have exclusive jurisdiction to
adjudicate any dispute arising out of or relating to
these Terms. Each party hereby consents to the
exclusive jurisdiction of such courts. EACH PARTY
WAIVES ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH
ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF
OR RELATED TO THIS AGREEMENT. THE PARTIES WAIVE ANY
RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY
AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR
REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS
PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE
AGAINST PUBLIC POLICY. Remedies It is expressly agreed that a material breach of
these Terms by You may cause irreparable harm and a
remedy at law may be inadequate. In addition to any
and all remedies available at law, Looker will be
entitled to injunctive relief or other equitable
remedies in the event of a threatened or actual
violation of any of the provisions of these Terms.
Notices All notices hereunder shall be in writing and shall
be deemed to have been given upon: (i) personal
delivery; (ii) the second business day after
mailing; (iii) the second business day after sending
by confirmed facsimile; or (iv) the second business
day after sending by email. Notices to Looker shall
be addressed to the attention of its VP, Customer
Success with a copy to its General Counsel, at
Looker Data Sciences, Inc., 101 Church Street, Santa
Cruz, CA 95060, or as updated by Looker via written
notice to You. General Looker reserves the right to modify the Certified
Program, requirements for Credential Designation,
and/or Exams at any time, without notice. These
Terms constitute the entire agreement between the
parties, and supersedes all prior and
contemporaneous agreements, proposals or
representations, written or oral, concerning its
subject matter. Looker Certified Program Privacy Policy Certification is achieved upon successful
completion of the exam. Below is the Certification
and Exam Privacy and Policies agreement that is
presented to You, the examinee, during the
registration process. These terms apply to how
Looker processes your personal information. Please
take your time to read, understand these terms. You
may also be asked to review other policies and terms
at the time that you register or sit for the exam or
share your exam results. As an examinee, You will be
asked to accept these terms before You begin the
exam. Instructions to examinee Read the following terms carefully. If you accept
the terms, please click the checkbox at the end of
this agreement. If you do not accept the terms of
this agreement, you will not be permitted to take
the exam to certify you in the Looker Certification
program. The program certifies individuals that have
demonstrated the necessary skills to leverage Looker
software in a way that transforms businesses and
meaningfully impacts the people and customers they
serve. Looker Certified Program Privacy Policy As part of taking the Exam, Looker will capture
your personal information which includes, but is not
limited to, your photograph, your digital keystroke
patterns, and your personally identifying
information (including, but not limited to, name,
address, company, title). In addition, as part of
the online proctoring of each Exam, if applicable,
Looker or an agent of Looker may be watching a live
webcast of you at your session (and can communicate
with you, tell you to stop taking cell phone calls,
etc.). All Exam Information you submit to Looker is
collected by Looker or its authorized agents in the
United States, as well as the jurisdiction where you
take the Exam. Exam Information may be shared with
our affiliates, subsidiaries or joint ventures in
other jurisdictions for Exam purposes. This Policy
is governed by United States law. For individuals
located in the European Union, by submitting your
Exam Information you are agreeing to the transfer of
that information outside the European Union (EU) or
the European Economic Area ("EEA") to countries
where privacy standards may differ. All information collected in connection with the
Exam shall collectively be referred to as "Exam
Information". Participation in the Looker Certified
Program ("Program") and Exam is voluntary. Should
You choose to participate, the Looker Privacy Policy
(https://looker.com/privacy),
describes how we treat personal information and your
privacy rights when You use Looker's products and
services, including the Exam Information and is
incorporated by reference. In addition, the
following describes our additional privacy practices
that are specific to the Program and Exam
Information. a. Purpose of Collection and Use.
Looker collects personal information and Exam
Information for the purposes of: i. Administering the
Program, which includes: a.
Registering test takers to take exams, administering
the exams, validating results and authenticating
examinees b.
Providing successful test takers with digital
certificates and printable/downloadable versions of
their certificates c.
Tracking the number of certified professionals
employed by partners d.
Tracking an individual’s certification renewals and
additional certifications over time e.
Ensuring the security of the Exam process f.
Otherwise maintaining the Program and certifications
ii. Administering the
Looker Partner Network Program,
which includes sharing with Looker's affiliates and
program administrators for training development
purposes, the information of individuals affiliated
with Looker's partners, including individual exam
pass/fail results. iii. Administering the
Looker Learning Program, which includes sharing with
Looker's affiliates and program administrators for
training development purposes, exam pass/fail
results and analytics of Platform usage. iv. Preventing and
detecting fraud and cheating and otherwise ensuring
the security of the Program. v. Improving and
analyzing the Program and exams. b. Exam Information. As part of
registering for the Program or taking the exam,
Looker will capture your personal information in
order to provide these services to You and for other
legitimate interests. The personal information
includes, but is not limited to: a. Contact information
and other personally identifying information such as
name, address, company, title, which may be used to
communicate with You regarding the Program, for
billing, and for administering the exam. b. Your certification
status. c. Exam results,
including your responses and comments. d. A record of your
interactions with the exam, including, for example,
digital keystroke patterns. e. Photographic and/or
video recordings and/or digital signatures or other
evidence taken to confirm your identity and prevent
fraud. c. Proctored exams. Each exam,
whether taken at a testing center or online, may be
proctored. If applicable, Looker, or an agent of
Looker, may be watching a live webcast of You at
your session and can communicate with You if there
is a problem with your exam. d. Access to and Sharing of personal
information. Looker and companies acting on behalf
of Looker, including Looker's affiliates and program
administrators, may have access to personal
information, including Exam Information, and are
contractually committed to protecting the security
of personal information. A certified individual may
choose to share certification status and digital
badges, as provisioned by Looker. Any badges that
you choose to share with other websites will be
subject to the privacy policies of those other
websites. Please review their terms carefully.
Looker will only share personal information for the
purposes identified in this Privacy Policy.
Additionally, Looker may share aggregated
information with our customers and partners about
their organization's participation in the
Certification program. e. Retention and Deletion. Personal
information is retained in accordance with local law
and Looker's retention policy in order to fulfill
the purposes for which it was collected. Looker
responds to data subject deletion requests, except
for when information must be kept for a legitimate
business or legal purpose. In those instances,
Looker will hold Exam Information indefinitely, as
is necessary, for example, to prove your examination
history, including whether You have sat for the
exam, to confirm the status of a certified
individual, to confirm that the certification or
recertification process has been fulfilled, to
dispute resolutions around test taking and passing,
to do demographic and similar non-personally
identifiable analyses regarding the test taker
populations, pass rates, and other behaviors, to
track the number of certified educators employed by
schools and districts, and to track the certified
individual’s certification renewals and additional
certifications over time. f. Contact Us. For more information
about our privacy practices, please contact us at
privacy@looker.com,
or write to us at: Privacy c/o Looker Data Sciences,
Inc., 101 Church Street, Santa Cruz, California,
95060, USA.
Effective Date: March 30, 2020 Terms & Conditions THESE TERMS ARE SUBJECT TO CHANGE FROM TIME TO TIME
IN LOOKER’S SOLE DISCRETION. IT IS YOUR
RESPONSIBILITY TO REVIEW THESE TERMS CAREFULLY AS
YOU MUST COMPLY WITH THE MOST CURRENT VERSION OF THE
AGREEMENT. BY SELECTING “AGREE” OR OTHERWISE
INDICATING YOUR AGREEMENT, YOU ARE CONSENTING TO BE
BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN AS
AN INDIVIDUAL CERTIFIED PROGRAM CANDIDATE. BY
ACCESSING OR USING A LOOKER CERTIFICATION PROGRAM
BENEFIT YOU ARE AGREEING TO THE MOST CURRENT VERSION
OF THIS AGREEMENT. These Exam Terms and Conditions (the "Terms") are
entered into between the examinee ("You") and Looker
Data Sciences, Inc. ("Looker") as of the date You
click "I agree" below (the "Effective Date"). Eligibility You must be 18 years of age or older to be eligible
for any Looker certification exam (“Exam”). Confidential Information The content of the Exam, including without
limitation, questions, answers, or any
communication, including oral communication,
regarding or related to the Exam, as well as any
other non-public information concerning Looker, is
Looker’s confidential information ("Confidential
Information"). Any disclosure of Confidential
Information is a violation of these Terms and could
compromise the integrity and security of this
certification program. Your confidentiality
obligations shall survive termination or expiration
of these Terms for any reason. Misconduct If Looker discovers that You have engaged in
misconduct or misuse of the Exam or otherwise
violated these Terms or assisted others in doing so,
you: (1) will lose all Looker certifications
(including the Credential Designation described
below), (2) may be barred from taking or retaking
the Exam or any other Looker exam, and (3) Looker,
in its sole discretion, may choose to terminate any
applicable business relationship with you. Examples
of misconduct and/or misuse of the Exam include but
are not limited to: a. Providing false or fraudulent
identification b. Misusing any testing
identification number, username, or other
credentials that have been provided to you c. Providing or accepting improper
assistance, or submitting any work that is not your
own d. Disseminating actual Exam content
by any means including, but not limited to, web
postings, formal or informal test preparation or
discussion groups, reconstruction through
memorization or any other method e. Possession or use of unauthorized
materials during the Exam f. Using unauthorized materials
(including brain-dump material and/or unauthorized
publication of Exam questions with or without
answers) to prepare for the Exam g. Making notes of any kind during
the Exam h. Removing or attempting to remove
Exam material (in any format) i. Intentionally causing a
disturbance of any kind during the Exam j. Modifying and/or altering the
results and/or score report for this Exam or any
other Exam record k. Circumventing the Exam retake
policy l. Misrepresentation of certification
status m. Misconduct as determined by
statistical analysis n. Unauthorized accessing of Exam or
Exam content (including access of materials in
forums, chat rooms, discussion groups, blogs or
other sharing sites with intent to circumvent Exam
procedures) o. Any other acts or omissions that
are inconsistent with the Looker Certified Program
requirements Credential Designation Upon successful completion of the Exam, and subject
to these Terms, Looker grants You a personal,
non-exclusive, non-transferable, revocable license
to use the applicable Looker certification logo
(“Credential Designation”) for the sole purpose to
indicate that You meet the criteria for the
applicable Credential Designation. You acknowledge
that Your Credential Designation will not be
considered current unless You have successfully
completed (i.e. received the minimum passing score
on) both (i) the applicable initial Exam, and (ii)
any subsequent Looker release-specific exams
required for Your original Credential Designation.
You may be required to pay an additional recurring
fee to register for release-specific exams after the
initial Exam. You may not use the Credential
Designation in any way that: i) may be construed to
establish an affiliation between Looker and any
third parties other than You; or ii) negatively
impacts Looker’s reputation or goodwill. Looker
retains all rights, title and interests in the
Credential Designation. Nothing herein shall be
construed to grant any other rights to You. Use of Credential Designation The Credential Designation is only for your
personal use, and cannot be used to represent that a
company or school is certified. That is, a company
or school may not represent itself as certified—only
those individual persons who have passed the Exam
may represent themselves as certified. Your use of
the Credential Designation is subject to Looker's
then-current usage guidelines, a copy of which may
be provided to you from time to time. Other than as
expressly allowed under these Terms, You agree a) to
use the Credential Designation in a manner that is
consistent with industry standards and will provide
samples of use if requested by Looker; b) not to
modify the Credential Designation in any way, and c)
not to use, register or seek to register any mark,
name (including but not limited to company and
product name), taglines, social media handles,
advertising keywords, or any other source
identifying designation that consists of or
incorporates the Credential Designation or any of
Looker’s trademarks (“Looker Marks”), in any format,
or is otherwise confusingly similar to Looker Marks.
You also acknowledge that your use of the Credential
Designation upon successful completion of the Exam
is not in any way a warranty or guarantee of your
abilities with regards to the Looker products or
services in general or any other offering. You may
not suggest or represent that the Credential
Designation is any such warranty or guarantee of
your abilities. Exam Policies The Looker Exam policies are
located here. ,
or other such URL as Looker may provide. These
policies are incorporated by this reference, and may
change from time to time. If Looker suspects that
You are in violation of any of the policies, Looker,
in its sole discretion, may revoke any of your
Looker certifications and You may be permanently
barred from taking any Looker exam. Personal Information and Privacy When we collect and process your personal
information during participation in the Exam, your
personal information is handled in accordance with
Looker’s Privacy Policy
(https://looker.com/privacy),
as well as the additional Enterprise Certification
and Exam Privacy and Policies Terms below, which are
incorporated into these Terms by reference and
governed by the terms hereof. Term and Termination These Terms shall continue in effect from the
Effective Date until terminated as provided herein.
Looker may terminate these Terms with or without
cause upon thirty (30) days written notice to you.
Looker may, in its sole discretion, terminate these
Terms at any time and revoke your Credential
Designation if Looker determines that You breached
the terms herein. Upon termination of these Terms,
Your rights to use the Credential Designation shall
cease immediately, which requires that You
immediately remove the Credential Designation from
all electronic and hard copy materials, including
but not limited to websites, social media
sites/accounts, blogs, email signatures, resumes,
and business cards. In the case of hard copy
materials, any unused materials must be destroyed
within ten (10) days of termination. Indemnification You agree to indemnify, defend and hold Looker and
its officers, directors, affiliates, employees and
representatives harmless from and against any and
all claims, losses, liabilities, damages, costs and
expenses, including reasonable attorney’s fees,
arising out of, relating to, or caused directly by
your negligent act or omissions in regards to your
use of the Credential Designation, or breach of your
obligations under this Agreement. Warranties LOOKER MAKES NO WARRANTIES OF ANY KIND, WHETHER
EXPRESS, IMPLIED, STATUTORY OR OTHERWISE AND
SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES,
INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW. Limitation of Liability IN NO EVENT SHALL LOOKER’S AGGREGATE, CUMULATIVE
LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS,
WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY
OF LIABILITY, EXCEED THE FEES PAID TO LOOKER, IF
ANY, TO PARTICIPATE IN THE CERTIFIED PROGRAM. IN NO
EVENT SHALL LOOKER HAVE ANY LIABILITY TO YOU FOR ANY
LOST PROFITS OR FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES
HOWEVER CAUSED AND WHETHER IN CONTRACT, TORT OR
UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT
LOOKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. No partnership, agency or joint enterprise You acknowledge nothing herein shall be construed
as creating a partnership, agency or any form of
joint enterprise based on these Terms or your
authorized use of the Credential Designation.
Assignment You acknowledge that the rights and obligations
hereunder, including any rights to use the
Credential Designation, in whole or in part, are
personal and may not be assigned by You to any third
party. Any attempted assignment will be null and
void and shall constitute a breach of these Terms.
No modification of these Terms or waiver of rights
will be effective unless agreed in writing by the
party to be charged. Waiver of any breach or default
will not constitute waiver or any other right under
these terms or conditions or any subsequent breach
or default. Governing Law, Venue and Waiver of Jury Trial;
Class Waiver This Agreement shall be governed exclusively by the
internal laws of the State of California, without
regard to its conflicts of laws rules. The state and
federal courts located in Santa Clara County,
California shall have exclusive jurisdiction to
adjudicate any dispute arising out of or relating to
these Terms. Each party hereby consents to the
exclusive jurisdiction of such courts. EACH PARTY
WAIVES ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH
ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF
OR RELATED TO THIS AGREEMENT. THE PARTIES WAIVE ANY
RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY
AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR
REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS
PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE
AGAINST PUBLIC POLICY. Remedies It is expressly agreed that a material breach of
these Terms by You may cause irreparable harm and a
remedy at law may be inadequate. In addition to any
and all remedies available at law, Looker will be
entitled to injunctive relief or other equitable
remedies in the event of a threatened or actual
violation of any of the provisions of these
Terms. Notices All notices hereunder shall be in writing and shall
be deemed to have been given upon: (i) personal
delivery; (ii) the second business day after
mailing; (iii) the second business day after sending
by confirmed facsimile; or (iv) the second business
day after sending by email. Notices to Looker shall
be addressed to the attention of its VP, Customer
Success with a copy to its General Counsel, at
Looker Data Sciences, Inc., 101 Church Street, Santa
Cruz, CA 95060, or as updated by Looker via written
notice to You. General Looker reserves the right to modify the Certified
Program, requirements for Credential Designation,
and/or Exams at any time, without notice. These
Terms constitute the entire agreement between the
parties, and supersedes all prior and
contemporaneous agreements, proposals or
representations, written or oral, concerning its
subject matter. Looker Certified Program Privacy Policy Certification is achieved upon successful
completion of the exam. At the start of the exam,
the below will be presented to You. These terms
apply to how Looker processes your personal
information. Please take your time to read,
understand these terms. You may also be asked to
review other policies and terms at the time that you
register or sit for the exam or share your exam
results. As an examinee, You will be asked to accept
these terms before You begin the exam. Looker Certified Program Privacy Policy a. Privacy Policy. All information
collected in connection with the Exam shall
collectively be referred to as "Exam Information".
Participation in the Looker Certified Program
(“Program”) and Exam is voluntary. Should You choose
to participate, the Looker Privacy Policy
(https://looker.com/privacy),
describes how we treat personal information and your
privacy rights when You use Looker’s products and
services, including the Exam Information and is
incorporated by reference. In addition, the
following describes our additional privacy practices
that are specific to the Program and Exam
Information. b. Purpose of Collection and Use.
Looker collects personal information and Exam
Information for the purposes of: a. Administering the
Program, which includes registering examinees to the
exam, administering the exams, validating results
and authenticating examinees, providing successful
examinees with digital certificates, managing
recertification, identifying the number of certified
professionals employed by partners, and otherwise
maintaining the Program and certifications. b. Administering the
Looker Partner Network Program,
which includes sharing with Looker’s affiliates and
program administrators for training development
purposes, the information of individuals affiliated
with Looker’s partners, including individual exam
pass/fail results. c. Administering the
Looker Learning Program, which includes sharing with
Looker’s affiliates and program administrators for
training development purposes, exam pass/fail
results and analytics of Platform usage. d. Preventing and
detecting fraud and cheating and otherwise ensuring
the security of the Program. e. Improving and
analyzing the Program and exams. c. Exam Information. As part of
registering for the Program or taking the exam,
Looker will capture your personal information in
order to provide these services to You and for other
legitimate interests. The personal information
includes, but is not limited to: a. Contact information
and other personally identifying information such as
name, address, company, title, which may be used to
communicate with You regarding the Program, for
billing, and for administering the exam. b. Your certification
status. c. Exam results,
including your responses and comments. d. A record of your
interactions with the exam, including, for example,
digital keystroke patterns. e. Photographic and/or
video recordings and/or digital signatures or other
evidence taken to confirm your identity and prevent
fraud. d. Proctored exams. Each exam,
whether taken at a testing center or online, may be
proctored. If applicable, Looker, or an agent of
Looker, may be watching a live webcast of You at
your session and can communicate with You if there
is a problem with your exam. e. Access to and Sharing of personal
information. Looker and companies acting on behalf
of Looker, including Looker’s affiliates and program
administrators, may have access to personal
information, including Exam Information, and are
contractually committed to protecting the security
of personal information. A certified individual may
choose to share certification status and digital
badges, as provisioned by Looker. Any badges that
you choose to share with other websites will be
subject to the privacy policies of those other
websites. Please review their terms carefully.
Looker will only share personal information for the
purposes identified in this Privacy Policy.
Additionally, Looker may share aggregated
information with our customers and partners about
their organization’s participation in the
Certification program. f. Retention and Deletion. Personal
information is retained in accordance with local law
and Looker’s retention policy in order to fulfill
the purposes for which it was collected. Looker
responds to data subject deletion requests, except
for when information must be kept for a legitimate
business or legal purpose. In those instances,
Looker will hold Exam Information indefinitely, as
is necessary, for example, to prove your examination
history, including whether You have sat for the
exam, to confirm the status of a certified
individual, and to confirm that the certification or
recertification process has been fulfilled. g. Contact Us. For more information
about our privacy practices, please contact us at
privacy@looker.com,
or write to us at: Privacy c/o Looker Data Sciences,
Inc., 101 Church Street, Santa Cruz, California,
95060, USA.