This stuff is pretty important so we recommend you read it thoroughly and don’t skip any parts as it may effect you later on.
THIS AGREEMENT BINDS YOU OR THE COMPANY YOU REPRESENT (“YOU,” OR “YOUR”) TO THE TERMS AND CONDITIONS SET FORTH HEREIN IN CONNECTION WITH YOUR -- USE OF NATIONAL CYBER SECURITY, LLC (“OUR”, “WE”, “COMPANY”, “NCS”, “NCSU” OR “NATIONAL CYER SECURITY”) SOFTWARE, SERVICES OR OTHER OFFERINGS ON OUR SITE (COLLECTIVELY, OUR “PRODUCTS”). BY USING ANY OF THE COMPANY PRODUCTS OR CREATING AN ACCOUNT, YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK ON THE “CANCEL” BUTTON AND DO NOT -- USE THE COMPANY PRODUCTS. COMPANY’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS. IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY COMPANY, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
The Products enable Users to take Online Course, Certifications, and connect with independent contractor instructors (the “Instructors”) who provide live and recorded instruction, tutoring, and learning services in Our online classrooms (the “Courses”). The Products include, without limitation, facilitating and hosting Courses, the Courses and supporting materials, and taking feedback from Users.
Company reserves the right to revise these Terms in its sole discretion at any time by posting the changes on the Site. Changes become effective thirty (30) days after posting. Your continued use of Products after change become effective shall mean that you accept those changes. You should visit the Site regularly to ensure you are aware of the latest version of the Terms.
The Company may modify our products or discontinue their availability at any time.
You are solely responsible for all service, telephony, data charges and/or other fees and costs associated with your access to and use of the Products, as Well as for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.
If you elect to access or use Products that involve payment of a fee, then you agree to pay, and will be responsible for payment of, that fee and all taxes associated with such access or use. If you provide credit card information to pay for such fees then you hereby represent and warrant that You are authorized to supply such information and hereby authorize the Company to charge Your credit card on a regular basis to pay the fees as they are due. Unless otherwise stated, all fees are quoted in U.S. Dollars. If your payment method fails or your account is past due, then We may collect fees owed using other collection mechanisms. This may include charging other payment methods on file with us and/or retaining collection agencies and legal counsel. We may also block your access to any Products pending resolution of any amounts due by You to Company.
All of Your use, access and other activities relating to the Site and the Products must be in compliance with all applicable laws and regulations, including, without limitations, laws relating to copyright and other intellectual property use, and to privacy and personal identity. In connection with your use of the Products and Site, You must not provide incorrect or knowingly false information; copy, distribute, modify, reverse engineer, deface, tarnish, mutilate, hack, or interfere with the Products or operation of the Site; frame or embed the Site or Products; impersonate another person or gain unauthorized access to another person’s Account; introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Products or operation of the Site; scrape, spider, use a robot or other automated means of any kind to access the Products.
You also understand that by using the Products may expose you to Submitted Content that You consider offensive, indecent, or objectionable. The Company has no responsibility to keep such content from you and no liability for your access or use of any Submitted Content.
The Site and Products may give you access to links to third-party Websites (“Third Party Sites”), either directly or through Courses or Instructors. The Company does not endorse any of these Third Party Sites and does not control them in any manner. Accordingly, the Company does not assume any liability associated with Third Party Sites. You need to take appropriate steps to determine whether accessing a Third Party Site is appropriate, and to protect Your personal information and privacy on such Third Party Site.
Pricing for Paid Courses
If you are a user, you agree to pay the fees for courses that you take, and hereby authorize us to charge your credit card for these amounts. We will charge Your credit card monthly for all amounts owed. If your credit card is declined, You agree to pay us the fees within thirty (30) days of notification from us, and pay (at our discretion) a late payment charge at 1.5% per month, or the maximum permitted by law, whichever is greater.
You have an automatic 3 day grace period and will be sent an email reminder that the payment was missed or declined.. If payment is not received after 3 days you will be un-enrolled from your program and all monies paid will be forfeited at that time. Please chat with us, call us at 888-8-TEACH-U or email us at email@example.com for assistance.
NCSU offers Students a three (3)-day, no-questions-asked money back guarantee on all of our programs. If you, as a Student, are unhappy with such a program and request a refund within three (3) days of the date that you paid for access to that Course, we will provide you with a full refund of the amount you paid within 30 days. You can only request 1 refund per a year. If the refund is for a program purchased under a special, discount or promotional offer, you will not be able to purchase another promotional item for a 1 year period of time as those seats are limited in nature.
To request a refund, please contact us via firstname.lastname@example.org.
Please note that if we believe that you are abusing our refund policy in our sole discretion, we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the Company Products, without any liability to you.
If a refund is processed, you no longer have rights to any of the materials, downloads, learning's or utilizing the learning's in any fashion. All certificates, credentials, CPE credits, etc will be deleted from our system and you hereby agree to delete them from your possession (if applicable) and not utilize them in any fashion, such as on social networks, resumes, employment purposes, research etc. Any violation of this agreement will be enforced by “Applicable Law” such as international, federal, state or local laws, statutes, ordinances, regulations or court orders. the law.
We do not allow the cancellation or the transfer of NCSU programs. If you attempt a stop payment or file a charge-back you will be assessed a $150 charge-back fee in addition to attorneys /court fees and your balance will be due immediately. By enrolling into this program, you agreeing to our TOS you Herby agree to authorize us to debit this amount from your payment method on file immediately.
Check with the organization you are trying to get certified for. As an example, if you are taking a Cisco exam, check the Cisco exam policies.
The trademarks, service marks, and logos (the “Trademarks”) used and displayed on the Site, in the Products or in any Company Content are Our registered or unregistered Trademarks or of Our suppliers or third parties and are protected pursuant to U.S. and foreign trademark laws. All rights are reserved and you may not alter or obscure the Trademarks, or link to them without Our prior approval.
You may only access the Products for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Products. You agree not to use the Products or the Company Content (as defined below) to recruit, solicit, or contact in any form Instructors or potential users for employment or contracting for a business not affiliated with us without Our advance written permission, which may be withheld in Our sole discretion. You assume any and all risks from any meetings or contact between you and any Instructors or other Users of the Products.
Specific Obligations of Users using the Site
If you are a User in search of, or engaging, Instructors, You represent, warrant and covenant that:
- You have read, understood, and agree to be bound by the pricing information (see the Pricing section below) before using the Site or registering for a Course;
- If you are under the age of 18, you have obtained parental or legal guardian consent before using the Site, contacting an Instructor, or registering for a Course.
- You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Site or the Products;
- You will not post any inappropriate, offensive, racist, hateful, sexist, sex-related, false, misleading, infringing, defamatory or libelous content;
- You will not reproduce, distribute, publicly display, publicly perform, communicate to the public, create derivative works from or otherwise use and exploit any Company Content, the Products or Courses or Submitted Content except as permitted by these Terms or the relevant Instructor as applicable;
- You will not disclose any personal information to an Instructor, and otherwise will assume responsibility for controlling how Your personal information is disclosed or used, including, without limitation, taking appropriate steps to protect such information; and
- You will not solicit personal information from any Instructor or other User.
To use certain Products, You will need to register and obtain an account, username and password. When you register, the information you provide to us during the registration process will help us in offering content, customer service, and network management. You are solely responsible for maintaining the confidentiality of your account, username, and password (collectively, Your “Account”) and for all activities associated with or occurring under Your Account. You represent and warrant that Your Account information will be accurate at all times. You must notify us (a) immediately of any unauthorized use of Your Account and any other breach of security, and (b) ensure that You exit from Your Account at the end of each use of the Products. We cannot and will not be responsible for any loss or damage arising from Your failure to comply with the foregoing requirements or as a result of use of Your Account, either with or without Your knowledge, prior to Your notifying us of unauthorized access to Your Account.
You may not transfer Your Account to any other person and you may not use anyone else’s Account at any time without the permission of the account holder. In cases where you have authorized or registered another individual, including a minor, to use Your Account, You are fully responsible for (i) the online conduct of such User; (ii) controlling the User’s access to and use of the Products; and (iii) the consequences of any misuse.
Content, Licenses & Permissions
All software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyright able materials or content, including the selection and arrangements thereof is “Content.” Where the Company provides Content to You in connection with the Products, including, without limitation, the Software and the Products and the Site, it is “Company Content.” Content uploaded, transmitted or posted to the Site or through the Products by a User or Instructor is “Submitted Content.” Content remains the proprietary property of the person or entity supplying it (or their affiliated and/or third party providers and suppliers) and is protected, without limitation, pursuant to U.S. and foreign copyright and other intellectual property laws. You hereby represent and warrant that You have all licenses, rights, consents, and permissions necessary to grant the rights set forth in these Terms to Company with respect to Your Submitted Content and that Company shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use or exploitation of Your Submitted Content as authorized in these Terms or have any liability to You or any other party as a result of any use or exploitation of Your Submitted Content as authorized in these Terms.
You hereby grant the Company a non-exclusive right and license to reproduce, distribute, publicly perform, offer, market and otherwise use and exploit the Submitted Content on the Site and through the Products, and sub-license it to Instructors and Users for these purposes directly or through third parties. Notwithstanding the foregoing, you have the right to remove all or any portion of your Submitted Content from the Site at any time. Removal of Your Submitted Content will terminate the foregoing license and rights sixty (60) days after such removal as to new uses, provided, however, that any rights given to Users or Instructors prior to that time will continue in accordance with the terms granted to such Users or Instructors.
The Company hereby grants You (as a User) a limited, non-exclusive, non-transferable license to access and use Submitted Content and Company Content, for which You have paid all required fees, solely for Your personal, non-commercial, educational purposes through the Site and the Products, in accordance with these Terms and any conditions or restrictions associated with particular Courses or Products. All other uses are expressly prohibited absent our express written consent. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any Submitted Content or Company Content unless We give You explicit permission to do so. Submitted Content and Company Content is licensed, and not sold, to you. Instructors may not grant You license rights to Submitted Content You access or acquire through the Services and any such direct license shall be null and void and a violation of these Terms
You agree that we may record all or any part of any Courses (including voice chat communications) for quality control and delivering, marketing, promoting, demonstrating or operating the Site and the Products. You hereby grant the Company a permission and release to use Your name, likeness, image or voice in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Site, Products, Courses, Company Content and Submitted Content and waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection therewith.
THE COMPANY RESPECTS ALL COPYRIGHT, PRIVACY, DEFAMATION AND OTHER LAWS RELATING TO CONTENT AND INFORMATION AND WILL NOT TOLERATE VIOLATION OF SUCH LAWS. NOTWITHSTANDING THE FOREGOING, THE COMPANY DOES NOT SCREEN THE SUBMITTED CONTENT AND ALL -- USE OF THE SUBMITTED CONTENT BY YOU IS AT YOUR OWN RISK AND THE COMPANY SHALL HAVE NO LIABILITY FOR SUCH -- USE. IN PARTICULAR, NO REVIEW OR POSTING OR APPEARANCE OF THE SUBMITTED CONTENT ON THE SITE OR THROUGH THE PRODUCTS IS INTENDED TO ACT AS AN ENDORSEMENT OR REPRESENTATION THAT ANY SUBMITTED CONTENT IS FREE OF VIOLATION OF ANY COPYRIGHT, PRIVACY OR OTHER LAWS OR WILL SUIT A PARTICULAR PURPOSE OR BE ACCURATE OR -- USEFUL. If you believe that Submitted Content of Yours violates any law or regulation or is inaccurate or poses any risk whatsoever to a third party it is your responsibility to take such steps you deem necessary to correct the situation. If you believe that Submitted Content of a third party or any Company Content violates any laws or regulations, including, without limitation, any copyright laws, you should report it to the Company in accordance with the procedures that We maintain at https://www.nationalcybersecurityuniversity.com.
All rights not expressly granted in these Terms are retained by the Content owners and these Terms do not grant any implied licenses.
THE PRODUCTS, SITE, COMPANY CONTENT, SUBMITTED CONTENT, COURSES, AND ANY OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THE SITE OR THE PRODUCTS ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTIES OF ANY KIND AND THE COMPANY HEREBY DISCLAIMS ALL SUCH WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, FREEDOM FROM ERRORS, SUITABILITY OF CONTENT, OR AVAILABILITY.
Limitation of Liability
NEITHER PARTY SHALL BE LIABLE HEREUNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT OR NEGLIGENCE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS. THE COMPANY’S TOTAL LIABILITY HEREUNDER SHALL BE LIMITED TO THE AMOUNTS PAID IN CONNECTION WITH THE COURSES OR PRODUCTS UNDER WHICH SUCH LIABILITY AROSE.
You hereby indemnify, defend and hold harmless the Company, and its affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorneys’ fees and related costs and expenses, due to or arising out of Your breach of any representation or warranty hereunder. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to fully cooperate with such defense and in asserting any available defenses.
We may terminate your use of the Products or Site immediately without notice for any breach by you of these Terms or any of our applicable policies, as posted on the Site from time to time. We may discontinue offering any Product, Course, or Content at any time (which will terminate your right to offer these Courses if you are an Instructor). You may terminate your use of the Site or the Products at any time, either by ceasing to access them, or by contacting us at support(@)nationalcybersecurityuniversity.com.
Upon termination, you must cease all use of the Site, Products, Credentials, Certificates and Content. Any accrued rights to payment and Sections 4, 5, 10-15 and all representations and warranties shall survive termination.
1. Entire Agreement. These Terms and any policies applicable to You posted on the Site constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
2. Severability. If any provision of these Terms is found to be illegal, void or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms.
3. Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Company to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
4. Exam Licenses are good for one year after the purchase date.
5. Notice. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.
6. No Agency. Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither the Company nor any other party to this Agreement shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.
7. These Terms and Your use of the Site and the Products shall be governed by the substantive laws of the State Illinois without reference to its choice or conflicts of law principles.
CompTIA Candidate Agreement
For purposes of this Agreement, the terms defined in this Section shall have the meanings set forth below:
1.1 "Candidate Information" shall mean all information related to you collected by CompTIA or any CompTIA Agent, including, without limitation, registration information, examination results and scores, and all other information you submit for purposes of participating in any CompTIA Program.
1.2 "CompTIA Agents" shall mean all testing facilities, vendors and other service providers authorized by and under contract with CompTIA to provide certain services related to any CompTIA Program.
1.3 "CompTIA certification" shall mean achievement of certification status for a particular CompTIA Program in accordance with CompTIA requirements and acceptance of the terms of this Agreement.
1.4 "CompTIA Program" shall mean one of the certification programs offered by CompTIA.
1.5 "Examination Materials" shall mean CompTIA certification examination(s) and any questions, instructions, responses, answers, worksheets, drawings, or diagrams related to such examination(s) and any accompanying materials.
1.6 "Marks" shall mean any and all CompTIA titles, trademarks, service marks and/or logos which CompTIA may from time to time expressly designate for use corresponding to the CompTIA certification which you have achieved. The term "Marks" shall not include any other titles, trademarks, service marks or logos of CompTIA.
2. CANDIDATE INFORMATION
CompTIA and all CompTIA Agents may collect, save, transmit, transfer, use, deliver and otherwise process Candidate Information for analysis, research, certificate fulfillment, marketing or other purposes deemed necessary or appropriate by CompTIA in connection with any CompTIA Program. Candidate Information may be transmitted or otherwise transferred outside of the country or geographic region in which you reside or in which you took any CompTIA certification examination. You are aware that data protection regulations in other countries, including, without limitation, the United States of America, may not fully correspond with data protection regulations in your region and may provide less effective protection.
We process your personal data only on a sufficient legal basis according to the applicable data protection laws. The legal basis can be one of the following: to fulfil our contractual obligations towards you; your consent; legitimate interests; or to comply with our legal obligations.
I hereby authorize CompTIA to disclose my name, career ID or certification number, and status as having achieved or not achieved any CompTIA certification, and if I have achieved any CompTIA certification, the related CompTIA certification examination(s) passed and the date upon which such achievement was made, and any other information verifying my CompTIA certification, to any person or entity that satisfies all of the following requirements: (I) the person or entity makes a written request to CompTIA for my CompTIA certification status; and (II) such request includes my name and my career ID number.
3. COMPTIA CERTIFICATION
Your CompTIA certification is based upon your successful passing of the requisite CompTIA certification examination(s) and your compliance with the terms of this Agreement. In order to achieve the right to use any Marks, you will also be required to enter into a separate logo agreement with CompTIA following your successful passing of the requisite CompTIA certification examination(s), which agreement contains guidelines for the use of Marks.
Additionally, you are required to inform CompTIA, without delay, of matters that can affect your capability to continue to fulfill the certification requirement as outlined in the certification objectives. CompTIA may modify any examination, test objective or the requirements for obtaining or maintaining any CompTIA certification at any time. It is your responsibility to keep informed of any such modifications and for maintaining your CompTIA certification. If any CompTIA certification requirements are modified, this Agreement and your CompTIA certification may be terminated by CompTIA without further notice, unless you complete any applicable continuing CompTIA certification requirements. If in the event of a withdrawal of your certification for any reason, you must refrain from the use of all references to a certified status by CompTIA and return any certificates issued by CompTIA.
4. CANDIDATE CONDUCT POLICY
You will not participate in any cheating incident, breach of security, misconduct or any other behavior that could be considered a compromise of the integrity or confidentiality of any CompTIA certification examination or any CompTIA certification. Such behaviors will include, but are not limited to, the following:
• Disseminating actual exam content by any means, including, but not limited to, web postings, formal or informal test preparation or discussion groups, chat rooms, reconstruction through memorization, study guides, or any other method.
• Copying, publishing, selling, offering to sell, distributing in any way, or otherwise transferring, modifying, making derivative works of, reverse engineering, decompiling, disassembling, or translating any Exam or any part thereof.
• Seeking and/or obtaining unauthorized access to examination materials (this includes using braindump material and/or any unauthorized publication of Exam questions with or without answers)
• Using falsified or altered certificates, score reports, or other documents or electronic media to misrepresent Certification status.
• Except as authorized by the Testing Delivery Partners or CompTIA, possession in the testing area of any materials or equipment including but not limited to cellular phones, hand-held computers/personal digital assistants (PDAs), laptop computers, pagers or other electronic devices, watches, wallets, backpacks, briefcases, purses, hats, car keys, bags, vests, coats, books, notes, paper or documents and any writing materials.
• Providing falsified information, documentation or statements as a means of a false identity, false address or solicitation of someone to take a test on another's behalf.
• Causing a disturbance of any kind in a testing facility.
• Removing or attempting to remove exam material (in any format) from the testing area.
• Tampering with the operation of the testing facility computer or attempting to use it for any function other than taking a CompTIA examination.
• Violating the CompTIA exam retake policy
• Giving, receiving, or obtaining unauthorized assistance during the examination or attempting to do so.
• Misconduct as determined by statistical analysis
• Making notes of any kind while in the secure areas of the test center except on the writing materials provided at the test center for this purpose.
• Failing to adhere to any CompTIA or Test Delivery Partner’s policy, procedure, rule, or instruction.
• Altering or misrepresenting examination scores.
• Allowing another person, or an organization in which you are not actively involved, to use your certification credentials to obtain employment or promotions
• Otherwise violating the terms of CompTIA's Candidate Agreement
5. DATA FORENSICS
The CompTIA Security Team uses data forensics as a basis for enforcement and action. CompTIA certifications measure professional competency via statistically vetted, high-stakes examinations. Those candidates demonstrating proficiency by achieving a valid passing score are issued a CompTIA certification. CompTIA performs ongoing maintenance and statistical analysis, including data forensics. If the validity of the examination score is brought into question due to statistical anomalies identified during analysis, CompTIA will invalidate candidate scores and notify you of applicable invalidations and/or suspensions.
6. RETAKE POLICY
In the event that you fail your first (1st) attempt to pass any CompTIA certification examination, CompTIA does not require any waiting period between the first (1st) and second (2nd) attempt to pass such examination. However, before your third (3rd) attempt or any subsequent attempt to pass such examination, you shall be required to wait for a period of at least fourteen (14) calendar days from the date of your last attempt to pass such examination.
a. If a Candidate has passed an exam (or multiple exams) and achieved a certification, he/she cannot take the exam again, using the same exam code, without prior consent from CompTIA.
- If a candidate has passed an exam (e.g. CompTIA Network+ N10-005) he/she will need to wait until a new series (e.g. N10-006) becomes available before attempting to recertify.
- If a candidate has passed multiple exams to achieve a certification (e.g. CompTIA A+ 220-701 & 220-702) he/she will need to wait until a new series (e.g. 220-801 & 220-802) becomes available before attempting to recertify.
b. CompTIA beta examinations may only be taken one (1) time by each candidate.
c. A test found to be in violation of the retake policy will be invalidated and the candidate may be subject to a suspension period. Repeat violators will be permanently banned from participation in the CompTIA Certification Program.
d. Candidates must pay the exam price each time they attempt the exam. CompTIA does not offer any free re-tests or discounts on retakes.
Any candidate determined by CompTIA to have violated the terms of this Agreement or diminished the security and integrity of CompTIA’s Certification Program in any way shall, if determined necessary or appropriate by CompTIA based upon the seriousness of the incident or violation:
(a) have the CompTIA certification for the applicable examination revoked, if such certification was previously granted
(b) have all other CompTIA certifications previously granted to such candidate revoked;
(c) not be eligible to register and/or schedule any CompTIA certification examination, or receive any CompTIA certification, for a minimum period of six (6) calendar months from the date of such determination; and/or
(d) be subject to any and all other appropriate action, including legal remedies, that CompTIA deems necessary or appropriate to enforce the terms of this Agreement.
If it is determined that you have violated CompTIA's Candidate Agreement, then CompTIA will send you a written notice of violations and applicable sanctions.
8. CONFIDENTIALITY OF EXAMINATION MATERIALS
Examination Materials are the proprietary, confidential and copyrighted materials of CompTIA. Any disclosure of the contents of any CompTIA certification examination is strictly prohibited. You agree to maintain the confidentiality of all Examination Materials and you agree not to disclose, publish, reproduce, distribute, post or remove from the examination room, any portion of the Examination Materials. Violators of copyright law are subject to injunctions, civil liability, forfeiture of profits, punitive damages and other legal sanctions. CompTIA will take appropriate legal action against you to protect CompTIA's rights if you breach the provisions of this Section or any applicable laws.
9. CANDIDATE APPEALS PROCESS
After a candidate has received a written notice of violations and applicable sanctions from CompTIA, such candidate will have thirty (30) calendar days to file a written request for appeal pursuant to CompTIA's Candidate Appeals Process. The candidate is required to file a written request for appeal, along with a statement describing the grounds for the appeal, why the appeal should be granted and all supporting evidence, with CompTIA, within thirty (30) calendar days of receipt of the notice of violations and applicable sanctions from CompTIA. A candidate's appeal will not be considered after such thirty (30) calendar day period has expired.
If CompTIA determines that a written request for appeal is filed in a timely manner and upholds CompTIA's original decision, such appeal and the information submitted by the candidate will be submitted for binding arbitration to the Candidate Appeals Committee, which consists of voluntary industry peers. Three (3) members of the Candidate Appeals Committee will be appointed to act as an arbitration panel for the appeal. This appeals process shall not address any failures to pass any CompTIA certification examination, nor include any challenges to individual examination questions, answers or failing scores. The arbitration panel will deliberate and decide the appeal. The decision of the majority of the members of the arbitration panel present at the hearing for the appeal, at which a quorum is present, will be the decision of such panel. The decision of the arbitration panel is final and binding as to all matters related to the appeal.
Upon your CompTIA certification, CompTIA will grant you a non-exclusive, personal and non-transferable license to use Marks only on promotional, display and advertising materials to publicize your CompTIA certification or to promote your products or services corresponding to your CompTIA certification and only by stating the name of the CompTIA certification that you achieved followed by "Certified" (eg., A+ Certified) . Any other use of Marks by you is strictly prohibited. You may not use Marks of any CompTIA certification unless you have completed the CompTIA certification requirements and have been notified by CompTIA in writing that you achieved CompTIA certification for that particular CompTIA certification. Any and all uses of Marks by you must be in compliance with any and all CompTIA requirements, guidelines and quality control standards, as established or amended from time to time by CompTIA.
Furthermore, CompTIA may, from time to time, amend the Marks, or designate new or different Marks for your use. You agree not to incorporate any Marks, or potentially confusing variations of Marks, as part of your name or the name of any product or service offered by you or as part of any logo, name, trademark, service mark or other commercial or product designation used by you. You agree not to file any application to register or claim any interest in any Mark or any other logo, name, trademark, service mark or commercial or product designation confusingly similar to any or all Marks. You shall not misrepresent your CompTIA certification status or your qualifications or misrepresent, imply or suggest that CompTIA in any way endorses, sponsors or recommends you, or any of your products or services.
The license granted to you by this Section is conditioned upon and subject to your compliance with the terms of this Agreement. Any attempted assignment, transfer or sublicense of such license by you shall be null and void. Subject to the limited license granted to you by this Section, CompTIA reserves and retains all rights, titles and interests, including, without limitation, all trademark and other intellectual property rights, in and to Marks. This limited license shall terminate upon the withdrawal of your certification for any reason.
11. TERM AND TERMINATION
This Agreement shall commence upon your acceptance of its terms. Either party may terminate this Agreement, with or without cause, by giving at least thirty (30) days' prior notice to the other party. CompTIA may terminate this Agreement: (a) upon thirty (30) days' prior notice if you breach any term of this Agreement and fail to cure said breach within such thirty (30) day period; (b) if you fail to comply with any applicable continuing CompTIA certification requirements specified by CompTIA from time to time; (c) by CompTIA, if publicity or other information about you, your products or services, or your use of Marks harms or adversely affects CompTIA or its reputation or goodwill or otherwise damages or diminishes the value of Marks; or (d) upon determination by CompTIA that you have otherwise
violated any rule, regulation or policy of CompTIA or of any CompTIA authorized testing facility related to any CompTIA certification examination. Upon termination of this Agreement, CompTIA may revoke your CompTIA certification(s) and terminate the licenses and rights granted hereunder. This Section and Sections 3, 4, 5, 6, 7, 8, 10, 12, 13 and 14.4 hereof shall survive any termination of this Agreement.
12. DISCLAIMER; LIMITATION OF LIABILITY
COMPTIA MAKES NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATED TO OR ARISING OUT OF ANY COMPTIA CERTIFICATION OR THIS AGREEMENT. COMPTIA DISCLAIMS AND EXCLUDES ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF ANY THIRD PARTY RIGHTS. COMPTIA SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES ARISING FROM OR OTHERWISE RELATED TO ANY COMPTIA CERTIFICATION, OR THIS AGREEMENT, OR OTHERWISE INCURRED, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPTIA'S LIABILITY FOR DAMAGES HEREUNDER SHALL NOT EXCEED THE AMOUNT OF
EXAMINATION FEES ACTUALLY PAID BY YOU TO COMPTIA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY. HOWEVER, SUCH EXCLUSION OR LIMITATION SHALL APPLY TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold harmless CompTIA, and all CompTIA Agents, from and against any and all claims, damages, liabilities, costs and expenses (including reasonable attorneys' fees) arising, in whole or in part, out of any breach of this Agreement by you or any personal injury, product liability, property damage or other claims which are caused, directly or indirectly, in whole or in part, by any act or omission by you.
14. OTHER PROVISIONS
14.1 Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. You may not transfer or assign any CompTIA certification or any of your rights hereunder. Any such transfer or assignment shall be null and void.
14.2 Amendments. CompTIA may revise the terms of this Agreement from time to time. In the event of a revision, your assent to a new agreement may be a condition of your continued CompTIA certification.
14.3 Waiver and Severability. No waiver of any breach of this Agreement shall be deemed a waiver of any other or subsequent breach. If any term of this Agreement shall be held by a court of competent jurisdiction to be invalid, illegal or unenforceable, such term shall be modified or deleted in such a manner so as to make this Agreement, as modified, legal and enforceable to the fullest extent permitted under applicable laws.
14.4 Equitable Relief. CompTIA shall be entitled to injunctive and other equitable relief to prevent or curtail any actual or threatened breach of the provisions of this Agreement and to recovery of reasonable attorneys' fees incurred in any such action.
14.5 Notices. Except as otherwise expressly provided in this Agreement, all notices hereunder shall be in writing or delivered via e-mail. Notice to you shall be sent to your last address known by CompTIA.
14.6 Governing Law. Any and all disputes arising hereunder shall be governed by and
interpreted in accordance with the laws of the United States of America and the laws of the State of Illinois.