TERMS OF USE OF COMPTIA WEBSITE
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.
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