The provisions set forth below (the “Agreement” or “TOU”) state the terms and conditions that govern your use of the website located at www.comptia.org (the “Website”) and any information, available software technology, online services or materials offered thereon 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.
- License Grant. This Website is owned and operated by CompyTIA, and this TOU provides to you (identified herein as "you" or a "user" or with “your”) a personal, revocable, limited, non-exclusive, royalty-free, nontransferable, and nonsublicenseable license to use this Website conditioned on your continued compliance with the terms and conditions of this TOU. You may print and download materials and information from this Website solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information and that you do not further distribute or disclose such materials and information. This TOU is only a license and not an assignment or sale. Accordingly, you expressly acknowledge and agree that CompTIA transfers no ownership or intellectual property interest or title in and to this Website to you or anyone else.
- Restrictions. Notwithstanding the foregoing, CompTIA reserves all rights not expressly granted. Accordingly, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein this Website. You may not engage in any activity that disables the Website or otherwise impedes its operation or limits its availability to others.
- 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.
- 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.
- 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 Website.
- 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.
- Links. CompTIA may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating or accessing related information, products, and/or services and to provide access to the social media network groups with which CompTIA participates. These sites, and especially any social media network group, are maintained by third parties over which CompTIA exercises no control. Accordingly, CompTIA expressly disclaims any responsibility whatsoever for the content on these third-party sites. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.
- TechDirectory. CompTIA makes available through this Website an on-line consortium of groups supporting women in technology (the "TechDirectory"). Through the Website, CompTIA serves as an intermediary to facilitate connections between individuals and various organizations focused on girls and women in technology. All such organizations are third parties, and CompTIA is not affiliated or directly involved in the organizations (or the conduct of their business or operations). Moreover, CompTIA does not provide the information posted with respect to any particular organization or its activities or events. All organizations are independent third parties. Content for each organization has been drafted and provided by each respective organization (each a “Listing”). The Site will include information or tools specifying how you can reach out to and become more involved with organizations. CompTIA does not participate in such further involvement. If you represent a group or organization that provides opportunities for women in technology, you are invited to submit a Listing regarding your group through the following link www.awitconnect.org
- Declarations. The Website includes opportunities for you and your organization (if applicable) to provide support to various causes. One such opportunity allows you to sign a statement supporting diversity and inclusion in the workplace on behalf of yourself or your organization (“Aspirational Statement”). Once you have signed such statement with your name or the name of your organization, you may print the Aspirational Statement for display in your workplace. You and your organization (if applicable) will then have the option to be recognized on the Website as an individual or organization that is committed to embracing the values of diversity and inclusion within the workplace.
- Representations and Warranties. If you are accepting this Agreement, uploading a Listing, signing an Aspirational Statement, or otherwise acting on behalf of an organization, you represent and warrant that you have the full legal authority to do so and the organization will be bound by and comply with these terms.
- Postings. This Site provides access to community and other interactive features and functionality, where you can share and exchange information or content (with such shared or exchanged information or content referenced collectively as “Posting(s)”). You agree that by using this Website you will not upload, post, display, or transmit any of the following:
- anything, which interferes with or disrupts the Website
- anything, which is contrary to the interests of CompTIA
- anything, which may damage, lessen, or harm the goodwill or reputation of CompTIA and its services,
- anything, which defames, harasses, threatens, offends, or in any way violates or infringes on the rights of others,
- anything, which violates any law or encourages illegal behavior,
- anything, which involves the impersonation of any other person or entity,
- anything, which constitutes junk mail, spam, or unauthorized advertising.
CompTIA reserves the right to establish additional practices, parameters, and limits in its sole discretion concerning the storage, display, or availability of any Posting.
- No Pre-Screening of Postings or Listings. CompTIA is not responsible for pre-screening or editing your or another user’s Posting(s) or Listing(s) (collectively referenced herein as “User Content”) and encourages all of its users to use reasonable discretion and caution in evaluating or reviewing any User Content. Moreover, CompTIA does not endorse, oppose, or edit any opinion or information provided by you or another user (unless separately and expressly provided by CompTIA) and does not make any representation with respect to, nor does it endorse the accuracy, acceptability, completeness, timeliness, or reliability of any User Content displayed, uploaded, or distributed by you or any other user. Nevertheless, CompTIA reserves the right to monitor, delete, access, read, preserve, disclose or take other action with respect to User Content (or parts thereof) that CompTIA reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this TOU, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, (v) protect the rights, property or safety of CompTIA, its users, or the public, or (vi) that CompTIA believes in good faith violate this TOU and/or are, or are potentially, unlawful or harmful to CompTIA, its services, or goodwill. If you violate this TOU, CompTIA may, in its sole discretion, delete the unacceptable content from your Posting or Listing, remove or delete the Posting(s)or Listing(s) in its entirety, issue you a warning, and/or terminate your use of this Website.
- Public Information. If you post any content in any form on this Website, including in a Posting or Listing, 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.
- 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.
- Disclaimer. COMPTIA DOES NOT MAKE ANY REPRESENTATION WITH RESPECT TO, NOR DOES IT ENDORSE THE ACCURACY, ACCEPTABILITY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER MATERIAL DISPLAYED, UPLOADED, OR DISTRIBUTED BY YOU OR POSTED OR DISPLAYED WITH RESPECT TO ANY THIRD PARTY ORGANIZATION. IF YOU USE FEATURES OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, THE TECHDIRECTORY TO CONNECT WITH AN ORGANIZATION, YOUR CORRESPONDENCE AND/OR ENSUING RELATIONSHIP IS SOLELY BETWEEN YOU AND THE ORGANIZATION. COMPTIA WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, COST, DAMAGE OR OTHER LIABILITY OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIMS AGAINST COMPTIA ARISING FROM OR IN RELATION TO YOUR RELATIONSHIP WITH ANY ORGANIZATION INCLUDING, BUT NOT LIMITED TO 1) ANY INTERACTIONS, 2) PARTICIPATION IN ANY ACITIVITES OR EVENTS, OR 3) RECEIPT OF ANY SERVICES.
THE INFORMATION, SOFTWARE FUNCTIONALITY, 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.
- 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. TOTAL LIABILITY OF COMPTIA FOR ANY REASON WHATSOEVER RELATED TO USE OF THE WEBSITE OR THIS TOU SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO COMPTIA IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE OR $100 (U.S.), WHICHEVER IS LESS. 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.
- 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.
- 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.
- Injunctive Relief. You agree that CompTIA shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU. Accordingly, You hereby waive any requirement that CompTIA post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to CompTIA to enforce any provision of this TOU.
- 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. You may also terminate this TOU at any time by ceasing to use the Website, but all applicable provisions of this TOU will survive termination, as identified below, and each re-access or use of the Website will reapply this TOU (then in effect) to you. Upon termination, you must destroy all copies of any aspect of the Site in your possession. The provisions concerning CompTIA's proprietary rights, representations and warranties, Feedback, disclaimers of warranty, limitations of liability, waiver and severability, entire agreement, injunctive relief, and governing law will survive the termination of this TOU for any reason.
- User Obligations. You represent that you are at least eighteen (18) years of age (or the legal age of majority (whichever is greater)) and will, at all times, provide lawful and accurate information. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Website. You access the Website on your own volition. 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.
- 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 receiving notification of claimed infringement.
To submit any such complaint by mail, please use the following address:
3500 Lacey Road, Suite 100
Downers Grove, IL 60515
To submit any such complaint by e-mail, please use the following address: firstname.lastname@example.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.
- Proprietary Rights. This TOU provides only a limited license to access and use the Website. Accordingly, you expressly acknowledge and agree that CompTIA transfers no ownership or intellectual property interest or title in and to the Website to you or anyone else. Except as expressly provided herein, CompTIA does not grant any other express or implied right to you or any other person under any intellectual or proprietary rights. This Website and its contents are Copyright © 2018 Computing Technology Industry Association, Inc. and/or its licensors. All rights reserved. CompTIA also owns a copyright in the contents of the Website as a collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Website. "CompTIA" and all other names, designs, logos, and icons identifying CompTIA and its programs, events, solutions, or services are proprietary trademarks of CompTIA, and any use of such marks, including, without limitation, as domain names, without the express written permission of CompTIA is strictly prohibited. Other product, association, organization, and company names mentioned herein may be the trademarks and/or service marks of their respective owners.
- Feedback. CompTIA welcomes your feedback and suggestions about CompTIA's programs or services or with respect to how to improve the Website. By transmitting any suggestions, information, material, or other content (collectively, "Feedback") to CompTIA, you represent and warrant that you own all rights to such Feedback and the Feedback does not infringe the rights of any third party. In addition, the submission of Feedback will include an irrevocable, perpetual, royalty-free license for CompTIA to use such Feedback in any manner and in any medium.
- Modification. CompTIA reserves the right, in its sole discretion, to amend this TOU 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.
- Limit on Exportation. Unless otherwise specified, this Website is intended solely for use in the United States of America. CompTIA operates the 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Entire Agreement. No joint venture, partnership, employment, affiliate, or agency relationship exists between you and CompTIA as a result of this TOU or your utilization of the Website. This TOU represents the entire agreement between you and CompTIA with respect to use of the Website and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and CompTIA with respect to the Website. You may not assign or transfer any rights under this TOU without the prior written consent of CompTIA.