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.
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
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
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
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
Oakbrook Terrace, Il 60181-5228
To submit any such complaint by e-mail, please use the following address: email@example.com.
notice regarding any defamatory or infringing activity, whether of a copyright,
patent, trademark or other property right must include the following
- 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.