The provisions set forth below (the “Agreement”)
state the terms and conditions that govern your use of the
website located at www.CompTIA.org (the “Website”)
and the services and materials offered thereon (the “Services
and Materials”) by The Computing Technology Industry
Association, Inc. (“CompTIA”).
PLEASE READ THIS AGREEMENT CAREFULLY. BY USING THIS WEBSITE,
YOU AGREE TO THE TERMS OF THIS AGREEMENT. If you do not agree
to be bound by the terms of this Agreement, please discontinue
your use of the Website immediately.
1. Copyright. Unless otherwise indicated, the copyright
in the content of this Website, including the screens displayed
on the website, is owned by CompTIA. You may not modify,
copy, reproduce, republish, upload, post, transmit, publicly
display, prepare derivative works based on, or distribute
in any way any portion of the Website, including but not
limited to the code and software underlying the Website.
2. Warning. CompTIA may, in its sole discretion,
modify or discontinue the information and materials contained
in this Website (including the terms, conditions, and descriptions
that appear herein) and any other aspect of the Website at
any time without prior notice and without liability. Services
and products offered on the Website are not necessarily available
in all geographic areas. Your eligibility to obtain particular
services and products is subject to the final determination
of CompTIA.
3. Purpose of Website. The information contained
in this Website is for informational purposes only. Such
information is not intended to replace, and should not be
interpreted or relied upon as professional advice from CompTIA,
whether legal or otherwise. Accordingly, please consult with
your own professional experts for all advice concerning legal
matters, human resource matters, and the like that may be
discussed on this Website.
4. Usage. The Website is accessible to you through
a computer or other access device. Its content may include
information, editorial content, chat rooms, and links to
other websites. You are responsible for all charges associated
with accessing the Web Site.
5. Access to Certain Portions of the Website. Access
to certain portions of the Website is restricted to members
of CompTIA, holders of certain CompTIA certifications, and
others. To become eligible to access any such portions of
the Website, you may be required to give CompTIA certain
information. You agree to provide true, accurate, and complete
information and to update this information when it changes.
If you provide any information that is untrue, inaccurate,
outdated, incomplete, or misleading, or if CompTIA suspects
that you have provided any untrue, inaccurate, outdated,
incomplete, or misleading information, CompTIA may, in its
sole discretion, suspend or terminate your membership, certification
status, and/or right to access all or part of this Website.
If CompTIA assigns you a user ID and/or password to enable
you to access restricted portions of the Website, you are
solely responsible for maintaining the confidentiality of
your ID, password, and other account information. You will
be responsible for all usages of the Website made with your
user ID and or password. You agree that you will notify CompTIA
immediately of any unauthorized use of your password, user
ID, or account, or any other breach of security. You agree
that you will log off of the Website immediately when you
are finished using it in order to prevent fraud by unauthorized
persons.
6. Restrictions on Usage. As a condition to your
right to use the Website, you will not: (a) engage in any
activity that disables the Website or otherwise impedes its
operation or limits its availability to others; (b) alter
in any way the content of the Website; (c) use the Website
to post or otherwise disseminate any unlawful, threatening,
defamatory, offensive, obscene, vulgar, pornographic, profane,
indecent, or fraudulent communication of any kind, as determined
by CompTIA in its sole discretion; (d) use the Website to
post or otherwise disseminate any communication that infringes
or dilutes any intellectual property or that violates any
person’s rights of privacy or publicity; (e) use the
Website to transmit any virus, bot, worm, Trojan horse, or
other harmful software;; (f) use the Website to post or disseminate
any communication that encourages or assists any other person
to engage in illegal activities; (g) utilize the Website
or any information contained in the Website to assist in
any way with the transmission of unsolicited email messages
to any other person; (h) impersonate any other person or
entity or misrepresent any fact about yourself; (i) distribute,
transfer, or disseminate any information derived from the
Website through or onto a searchable, machine-readable database;
(j) use the Website to collect information about other users
of the Website; or (k) attempt to use the Website to gain
unauthorized access to other computer systems or networks
connected to the Website.
7. Monitoring by CompTIA. CompTIA has the right,
but not the obligation to monitor the use of the Website.
If CompTIA monitors the use of the Website, CompTIA may examine,
copy, and record any information relating to your usage of
the Website. CompTIA reserves the right to disclose any such
information in order to comply with any law, regulation,
or governmental request. CompTIA shall have the right, but
not the duty, to remove any communication that CompTIA, in
its sole discretion, finds to be objectionable or inappropriate.
8. No Warranties. THE INFORMATION AND MATERIALS
CONTAINED IN THIS WEBSITE, INCLUDING TEXT, GRAPHICS, LINKS,
AND OTHER ITEMS ARE PROVIDED ON AN “AS IS” BASIS.
COMPTIA DOES NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS
OF THE INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS
LIABILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION AND
MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED OR STATUTORY,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT
OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, OR FREEDOM FROM COMPUTER VIRUS, IS
GIVEN IN CONNECTION WITH THE INFORMATION AND MATERIALS.
9. Limitation of Liability. IN NO EVENT WILL COMPTIA
BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT
OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER
DAMAGES, LOSSES, OR EXPENSES ARISING IN CONNECTION WITH THE
USE OF THIS WEBSITE OR ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION
OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE,
EVEN IF COMPTIA OR REPRESENTATIVES THEREOF ARE ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. COMPTIA
SHALL NOT BE LIABLE FOR ANY CONSEQUENCES OF YOUR RELIANCE
ON ANY ADVICE, OPINIONS, STATEMENTS, OR RECOMMENDATIONS THAT
APPEAR ON OR ARE DISSEMINATED THROUGH THIS WEBSITE. ANY SUCH
RELIANCE IS AT YOUR OWN RISK. COMPTIA SHALL NOT BE LIABLE
FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER
OF THE WEBSITE. SOME STATES DO NOT ALLOW THE DISCLAIMER OR
LIMITATION OF INCIDENTIAL OR CONSEQUENTIAL DAMAGES, SO THE
DISCLAIMERS AND LIMITATIONS SET FORTH IN THIS SECTION MAY
NOT APPLY TO YOU. SOME STATES DO NOT ALLOW LIMITATIONS ON
HOW LONG IMPLIED WARRANTIES MAY LAST, SO THE LIMITATIONS
SET FORTH IN THIS SECTION MAY NOT APPLY TO YOU. THIS SECTION
GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER
RIGHTS. THESE OTHER RIGHTS VARY FROM STATE TO STATE.
10. Acknowledgment of Warranty Disclaimers. You
acknowledge and agree that CompTIA would not have made this
Website available to you without the warranty disclaimers
and the limitations on liability and remedy that appear in
this Agreement.
11. Indemnification. You agree to defend, indemnify,
and hold harmless CompTIA, its affiliates, and their respective
directors, officers, employees, and agents from and against
all claims, actions, suits or proceedings, as well as any
and all losses, liabilities, damages, costs, and expenses
(including reasonable attorneys fees) arising out of or accruing
from (i) any material posted or otherwise provided by you
that infringes any copyright, trademark, trade secret. trade
dress, patent or other intellectual property right of any
person or defames any person or violates their rights of
publicity or privacy; (ii) any misrepresentation made by
you in connection with your use of the Website; (iii) any
noncompliance by you with the terms of this Agreement; and
(iv) any claims brought by persons or entities other than
you or CompTIA arising from or related to your access and
use of the Website, including the information obtained through
the Website.
12. Termination. CompTIA, at its sole discretion,
and for any reason or for no reason, may terminate your password
or your access to all or part of the Website, and may delete
and discard any information that you have published, sent
or received on or via the Website.
13. Trademarks. No CompTIA trademarks or trademarks
owned by any other person that appear on this Website may
be copied, downloaded, or otherwise utilized without the
express written consent of the owner of such trademark.
14. Minors. If you permit any minor child to use
this Website, you will be solely responsible for: (i) the
online conduct of such minor child; (ii) the monitoring of
such minor child's access to and use of the Website; and
(iii) the consequences of any such usage.
15. Child Online Protection Act Notification. Pursuant
to 47 U.S.C. Section 230(d), as amended, CompTIA hereby notifies
you that parental control protections (such as computer software,
hardware and filtering services) are commercially available
for you to purchase. These protections may assist you in
limiting access to material that could be harmful to minors.
Information about purchasing such protections is available
at http//www.eff.org/pub/censorship/ratings_filters_labelling/ and
at http://www.netparents.org/parentstips/browners.html.
16. Infringement Policy. CompTIA, pursuant to 17
U.S.C. Section 512, as amended, reserves the right but not
the obligation to terminate your right to use the Website
if CompTIA determines, in its sole and absolute discretion,
that you are involved in an activity that infringes the intellectual
property of others. CompTIA seeks to accommodate, and not
interfere with, standard technical measures used by copyright
owners to protect their materials. In addition, pursuant
to 17 U.S.C. Section 512(c), CompTIA has implemented procedures
for receiving written notification of claimed infringements
and for processing such claims in accordance with the law.
All claims of infringement must be submitted to CompTIA in
a written complaint that complies with the requirements below
and is delivered to our designated agent to receive notification
of claimed infringement.
To submit any such complaint by mail, please use the following address:
1815 S.Meyers Road, Suite 300
Oakbrook Terrace, Il 60181-5228
(630) 678-8300
To submit any such complaint by e-mail, please use the following
address: webmaster@comptia.org.
Any written notice regarding any defamatory or infringing activity, whether
of a copyright, patent, trademark or other property right must include the
following information:
A physical or electronic signature of a person authorized
to act on behalf of: (i) the owner of the proprietary right
that is allegedly infringed; or (ii) the person defamed.
An identification of the work claimed to have been infringed.
An identification of the material that the claimant
alleges is infringing, along with information that enables
CompTIA to locate such material.
Information that enables CompTIA to contact you.
A statement that you believe in good faith that the
activity in question is an infringement and violates the
law.
A statement under penalty of perjury, that the information
in the notification is accurate and that you are authorized
to act on behalf of the owner of an exclusive right that
is allegedly being infringed or that you are authorized
to act on behalf of the person allegedly being defamed.
17. Public Information. If you post any content
in any form on this Website, or disseminate any such information
through the Website, you will be deemed to have relinquished
any intellectual property rights in such content. Such content
will be deemed to be public information. CompTIA may use
any such content for any purpose.
18. Modification. CompTIA reserves the right, in
its sole discretion, to amend this Agreement in any way at
any time. Any such amendment shall become effective when
it is posted on this Website. Your continued use of the Website
will constitute your binding acceptance of any such amendment.
19. Limit on Exportation. Unless otherwise specified,
this Website is intended solely for use in the United States
of America. CompTIA operates Website from its offices in
the State of Illinois, United States of America. CompTIA
makes no representation that the materials on the Website
are appropriate or available for use outside of the United
States. Those who choose to access the Website from outside
of the United States do so with this understanding and are
responsible for compliance with local laws. Software on the
Website is subject to United States export controls. No software
from the Website may be downloaded or otherwise exported:
(i) into or to a national resident of Cuba, Libya, North
Korea, Iran, Syria or any other country to which the United
States has embargoed goods, or (ii) to anyone on the U.S.
Treasury Department List of Specifically Designated Nationals
or the U.S. Commerce Department's Table of Deny Orders. By
using the Website, you represent and warrant that you are
not located in, under the control of, or a national or resident
of any such country or on any such list.
20. Governing Law and Choice of Forum. This Agreement
shall be governed by and construed in accordance with the
laws of the State of Illinois, U.S.A., without giving effect
to any principles of conflicts of law. All disputes relating
to this Website, this Agreement, or your use of this Website
shall be subject to the exclusive jurisdiction and venue
of the state and federal courts located in the State of Illinois,
USA.
21. No Assignment by User. You may not assign any
of your rights, obligations, or privileges under this Agreement
without the prior written consent of CompTIA.
22. Severability. If any provision of this Agreement
is deemed unlawful, void, or otherwise unenforceable, then
that provision shall be considered severable from this Agreement.
Such provision shall be enforced to the fullest extent allowed
by law to achieve the intention of the parties. The severable
provision shall not affect the validity and enforceability
of any remaining provisions of the Agreement.
23. Waiver. No waiver of any provision of this Agreement
will be effective unless set forth in a written instrument
signed by the waiving party. No waiver of any breach or default
shall be deemed a waiver of any subsequent breach or default.
24. Captions. The captions, titles, and subtitles
used in this Agreement are used for convenience only and
are not to be considered in construing or interpreting this
Agreement.
