Effective Date: January 10, 2025
CompTIA, Inc. and its affiliates ("CompTIA," "we," “our,” or "us") require that all visitors to and users of the websites, CompTIA-branded applications, and services controlled by CompTIA ("Services"), including all services and materials offered thereon, adhere to these Terms of Use ("Agreement"), which govern your access to and use of the Services. This Agreement incorporates by reference our posted Privacy Policy and other legal terms (Voucher Terms, Trademarks, and COPPA Statement), all of which are located at www.comptia.org/en-us/legal. If you are an employer or a school district purchasing products for end users, please refer to the Learning Products License Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY. BY USING THE SERVICES, YOU (“YOU,” “YOUR,” OR “USER”) AGREE TO THE TERMS OF THIS AGREEMENT. If you do not agree to be bound by the terms of this Agreement, please immediately discontinue your use of the Services. If you violate the terms of this Agreement in any way, please immediately discontinue your use of the Services. You represent that you are of legal age to accept this Agreement and to form a binding contract with us. To the extent you are using our Services, registering an account, or otherwise acting on behalf of an organization, you represent that you are authorized to accept this Agreement on behalf of the organization (and references to “you”, “your” or “user” in our Agreement is understood to apply to both you and your organization). By granting any minor permission to use the Services through your account, you agree and understand that you are responsible for monitoring and supervising said minor’s usage. If you believe another person is using your account without your permission, please contact us immediately so that we may disable access. If you entered into a separate executed agreement with us, the terms of that agreement will control in the event of any conflict.
PLEASE NOTE THAT THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN THE RESOLUTION OF DISPUTES BETWEEN COMPTIA AND YOU, INCLUDING AN ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. PLEASE SEE THE “DISPUTES; ARBITRATION” SECTION BELOW FOR COMPLETE DETAILS AND REVIEW IT CAREFULLY.
1. These Terms of Use are a Contract between You and Us.
A. Purpose of the Services; Accuracy of Information. We may provide content with the Services solely for informative purposes. We make every effort to ensure that any such information we provide is complete, accurate and current. However, this information is not professional advice from CompTIA, and you should not rely on it for that purpose. Please consult with your own professional experts for all advice concerning legal matters, human resource matters, and the like that may be discussed in the Services.
B. Changes to this Agreement. This Agreement is effective as of the Effective Date above. CompTIA may, in its sole discretion, change this Agreement at any time, so we encourage you to periodically check for updated Terms of Use. If you do not agree with any changes to this Agreement, your sole remedy is to not use the Services. By continuing to use the Services after we change this Agreement, you are indicating your acceptance of all such changes.
C. Supplemental Terms. This Agreement governs the Services in general. More specific and/or supplemental terms and conditions may apply to some Services, including but not limited to, a particular contest, sweepstakes or promotion, software, application, promotional code, service or other activity; availability of certain merchandise, content, programs, or other activities; conditions or other limitations to the Services for users under certain ages; and/or specific terms or restrictions that may accompany certain territories, programs, content, products, websites, applications or other software. Any supplemental terms and conditions are in addition to this Agreement, and, in the event of a conflict, the supplemental terms will prevail over this Agreement. If you do not agree to the applicable supplemental terms and conditions disclosed, you may not use the Services.
D. Access to Certain Portions of the Services. Access to certain portions of the Services is restricted and personal to holders of certain CompTIA certifications, learners of active products, or others. To become eligible to access any restricted portions of the Services, you may need to create an account, give CompTIA certain information, and/or meet certain requirements or qualifications. If you create a user account on the Services, you must do so only for yourself and in your own name. You agree to provide true, accurate, and complete information and to update this information when it changes. You must not impersonate any person or entity or otherwise misrepresent your identity or affiliation. We may suspend or terminate your certification status, product access, and/or right to access restricted information on the Services if: (i) you provide any information that is untrue, inaccurate, outdated, incomplete, or misleading; or (ii) we suspect that you have provided any untrue, inaccurate, outdated, incomplete, or misleading information. If you access restricted portions of the Services through a user ID and/or password (collectively, “User ID”), you must not allow any other person to use your User ID. You are solely responsible for maintaining the confidentiality of your User ID, and all other account information. You will be responsible for all usage of the Services made with your User ID. You agree that you will notify us immediately of any unauthorized use of your User ID, account, or any other breach of security. In the event anyone else will have access to your computer session, you agree that you will log out of your account immediately upon completing your use of the Services. We may suspend or terminate any User ID or account registered in the name of a group or organization, or any individual account that we suspect or determine was used by multiple individuals.
The Services are accessible to you through a computer or other access device. The content of the Services may include information, editorial content, chat rooms, and links to other websites. You are responsible for all charges associated with accessing the Services.
We cannot guarantee the Services will be available at all times. Although it is our intention for the Services to be available as much as possible, there may be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services. Content removed from the Services may continue to be stored by us, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order or similar legal process. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in this Agreement will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith except to the extent we expressly provide otherwise in writing.
E. Notice. We may be required by law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them in the relevant Service or delivering them to you by e-mail. If we choose to notify you by e-mail, we will not be responsible for failure to notify you in the event that you did not provide us with an accurate, current, or accessible e-mail address.
F. Termination. CompTIA, at its sole discretion, and for any reason or for no reason, may terminate your User ID or your access to all or part of the Services, and may delete and discard any information that you have published, sent or received on or via the Services.
G. Minors. If you permit any minor child to use the Services, 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 Services; and (iii) the consequences of any such usage.
2. License Grant and Restrictions.
A. Intellectual Property Rights. We grant you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Services for lawful purposes in accordance with this Agreement and any other posted instructions. Unless otherwise indicated, the copyright, trademarks and other intellectual property and proprietary rights in the content provided by the Services, including the screens displayed on the Services and software used to provide the Services, is owned by or licensed to CompTIA. You may not modify, copy, reproduce, republish, upload, post, transmit, perform, display, prepare derivative works based on, or distribute in any way any portion of the Services, including software used to provide the Services. No CompTIA trademarks or trademarks owned by any other person that appear on the Services may be copied, downloaded, or otherwise utilized without the express written consent of the owner of such trademark.
The Services may be supported by advertising revenue and may display advertisements and promotions, and you agree that we may place such advertising and promotions through the Services or on, about, or in conjunction with User Content (described below). The manner, mode and extent of such advertising and promotions are subject to change without specific notice. You acknowledge that we may not always identify promoted services or content, or commercial communications as such.
B. Restrictions on Usage. As a condition to your right to use the Services, you will not: (a) engage in any activity that disables, interrupts the Services or otherwise impedes their operation or limits their availability to others; (b) alter in any way the content of the Services; (c) circumvent or disable any access control or security features of the Services; (d) scrape, frame, republish, license, or sell the contents of the Services; (e) decompile, disassemble or reverse engineer any software used to provide the Services; (f) use the Services to post or otherwise disseminate any unlawful, threatening, defamatory, offensive, obscene, vulgar, pornographic, profane, indecent, or fraudulent communication of any kind, as determined by us in our sole discretion; (g) use the Services to post or otherwise disseminate any communication that infringes, misappropriates, or dilutes any intellectual property or that violates any person’s rights of privacy or publicity; (h) use the Services to transmit any virus, bot, worm, Trojan horse, or other harmful software; (i) use the Services to post or disseminate any communication that encourages or assists any other person to engage in illegal activities; (j) use the Services or any information contained in the Services to assist in any way with the transmission of unsolicited email messages to any other person; (k) impersonate any other person or entity or misrepresent any fact about yourself; (l) distribute, transfer, or disseminate any information derived from the Services through or onto a searchable, machine-readable database; (m) use the Services to collect information about other users of the Services; (n) attempt to use the Services to gain unauthorized access to other computer systems or networks connected to the Services; (o) remove, obscure, or alter any copyright or other notice on contents of the Services; (p) access or use the Services by means of any automated program, electronic agent or bot, or transmit any contents from the Services into any third party software or services (including any AI tools); or (q) use the Services in an otherwise unlawful manner in violation of any applicable law or regulation (including, without limitation, any laws regarding the export of products, software or technical data to and from the United States or other countries).
You may link to our Services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. The Services may provide certain social media features that enable you to: (i) link from your own or certain third-party websites to certain content on our Services; (ii) send communications with certain content, or links to certain content, using the Services; or (iii) cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, and must not otherwise: (iv) establish a link from any website that is not owned by you; (v) cause the Services or portions of it to be displayed on, or appear to be displayed by, any other site (for example, scraping, framing, deep linking, or in-line linking); or (vi) take any action with respect to the Services that is inconsistent with this Agreement. We may disable any social media features and any links at any time without notice.
3. Usage Rules.
A. Availability of CompTIA Products and Services. CompTIA may, in its sole discretion, modify or discontinue the Services or deny anyone access to the Services, or any aspect thereof, including any information or materials contained in the Services, without prior notice and without liability. Services and products offered on the Services are not necessarily available in all geographic areas. Your eligibility to obtain particular Services and products is subject to the final determination of CompTIA.
B. Third Party Terms. The Services, or portions of them, may be hosted on or incorporate material from third-party platforms or services. Such platforms or services may have their own terms of use and privacy policies posted or linked to on the relevant part of the Services, a login page or popup ("Third-Party Terms"). In such cases, you are bound by both this Agreement and the Third-Party Terms. You should review applicable Third-Party Terms before you use any portion of the Services that is subject to Third-Party Terms.
C. Monitoring by CompTIA. CompTIA has the right, but not the obligation, to monitor the use of the Services. If we monitor the use of the Services, we may examine, copy, and record any information relating to your usage of the Services. We reserve 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 we find to be objectionable or inappropriate.
Although we may control some of the hyperlinks in the Services, other links within the Services may lead to third-party sites, such as online retailers and social media platforms. We include these third-party links solely as a convenience to you. The presence of a link does not imply an endorsement of the linked site, its operator, or its contents, or that we are in any way affiliated with the linked site. The Services do not incorporate any materials appearing in such linked sites by reference. We reserve the right to terminate a link to a third-party web site at any time. The third-party sites are not controlled by us and may have different terms of use and privacy policies, which we encourage you to review.
4. CompTIA Store.
A. Purchases. You may be able to make purchases directly through the Services, such as on our CompTIA store. In such circumstances the following terms apply: (1) We make reasonable efforts to accurately display the relevant features, specifications and details of the available products and services, but we do not guarantee that such attributes, as presented, will be accurate, complete, reliable, current, or free of errors. All products and services are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products or services at any time for any reason. Prices for all products and services are subject to change at any time. (2) You agree to provide current, complete, and accurate payment information for all purchases made through the Services, so that we can complete your transactions and contact you as needed. Sales tax and shipping fees may be added to the purchase price as deemed required by us. All prices and payments will be in U.S. dollars unless otherwise specified. (3) You agree to pay all charges at the prices then in effect for your purchases, including any applicable sales tax and shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. (4) We reserve the right to refuse any order placed through the Services. (5) We may, in our sole discretion, limit or cancel quantities purchased per person, household, or organization. These restrictions may include orders placed by or under the same account, the same payment method, and/or orders that use the same billing or shipping address. (6) We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors without authorization. (7) ALL PURCHASES THROUGH OUR SERVICES ARE FINAL AND NON-REFUNDABLE EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE.
B. Subscriptions. We may offer certain products or services on a recurring subscription basis (“Subscription Services”), in which case the following terms apply in addition to the terms listed in Subsection(A): Fees for Subscription Services, as applicable, are automatically charged on a recurring basis (i.e., monthly) unless you cancel or change your Subscription Service(s) in accordance with these terms, at then-posted fees. YOU ACKNOWLEDGE AND AGREE THAT WE MAY SUBMIT APPLICABLE PERIODIC CHARGES (E.G., MONTHLY) FOR ANY SUBSCRIPTION SERVICES YOU OPT INTO WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL WE RECEIVE PRIOR NOTICE THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR SELECTED SERVICES OR PAYMENT METHOD, WHICH MAY NOT BE APPLIED UNTIL THE NEXT AVAILABLE BILLING PERIOD. We will notify you via email in advance of subscription renewals (if applicable), and you can generally modify/cancel such services from your account or by contacting us. All Subscription Services expire after twelve months unless another time frame is expressly provided.
C. Trials and Discounts. We may in our discretion offer certain products or services (including Subscription Services) on a free trial or discounted basis for a specified period. When such a period ends, you must pay the applicable fees to continue use of such products or services to the extent they are provided on a recurring basis.
D. Returns. The following Return Policy shall govern transactions on our store unless we provide otherwise:
- Exam Voucher Purchases. All CompTIA exam voucher purchases are final. Exam voucher purchases may not be returned, refunded, or exchanged. All exam vouchers, including any retakes, expire 12 months from the date of purchase. You must register and take your exam (and retake, if applicable) prior to the voucher expiration date. Voucher expiration dates cannot be extended.
- Non-Voucher Digital Products. Non-voucher digital products may be returned, with authorization, if the following criteria are met: (1) The return request is submitted within 30 days from the purchase date; and (2) The digital access key has not been redeemed/activated.
CertMaster Learn Organization/Business License - Removing a Student Assignment - Applicable for Classroom Setup with Student Upload and Classroom Setup with Student Access Keys: A student assignment may be removed, and the seat reassigned if the student has not completed any coursework within 30 days of purchase. If the student has begun the coursework within 30 days of purchase, the student assignment is only eligible for removal if the request is submitted within 3 business days of activation. NOTE: For Usage Based Billing (UBB), license activations are non-cancelable and license fees paid are non-refundable per the UBB Master Agreement
If the above criteria are met, digital products that may be considered for a return are: Official CompTIA Instructor/Student Guide eBook, Official CompTIA Self-Paced Study Guide eBook, CertMaster Learn, CertMaster Practice, CertMaster Labs, CompTIA Labs, CertMaster Learn+Labs, CertMaster CE, and LabSim. If the above criteria are met, bundle purchases may be considered for a return. Partial refunds for bundle purchases cannot be provided. - Physical Print Products: CompTIA operates a print-on-demand fulfillment process. All sales are final, and orders for print books are non-returnable and non-refundable.
- How to Submit a Return Request:
- For Store Purchases - Log into your CompTIA store account and follow these steps:
- Click Order Status from the dropdown in the upper-right corner of the page.
- Locate the order in your Order History and click the Return button.
- Fill out the request form by selecting a return reason from the dropdown, enter the quantity and add a comment to provide any details.
You’ll receive an email notification that your return request has been submitted, and you will receive additional follow-up communication from our support team regarding the processing of your return. NOTE: Partial refunds for purchases cannot be provided.
- Click Order Status from the dropdown in the upper-right corner of the page.
- For Purchases Through a CompTIA Representative: Submit a help request and select Order Return Request as the request type from the dropdown.
- For Store Purchases - Log into your CompTIA store account and follow these steps:
E. Note Regarding Third Party Sites. The Return provisions in Subsection (D) do not apply to products we may link to for sale on third party websites; any such products are subject solely to the terms of the relevant third-party website(s) from which those products are purchased.
5. Contests, Sweepstakes and Promotions. Contests, sweepstakes, and other similar promotions that you enter on a Service or in connection with Services integrated with a third-party website, service, application, platform, and/or content (“Promotions”) may be subject to official rules and/or conditions that are supplemental to this Agreement, and which may provide details governing the Service Promotion such as eligibility requirements, entry instructions, deadlines, prize information, and restrictions. If you wish to participate in any Promotion, please first review the applicable official rules and/or conditions. If a Promotion’s official rules and/or conditions conflict with this Agreement, the provisions contained in the official rules and/or conditions govern and control the Promotion. Your entry to a Promotion constitutes User Generated Content (as defined in Section 7 below) and is subject to all provisions of this Agreement that govern your submission and our use of your User Generated Content.
6. Disclaimers and Limitation on Liability.
A. No Warranties. THE SERVICES, INCLUDING THE INFORMATION AND MATERIALS ON THE SERVICES, ARE PROVIDED ON AN “AS IS” BASIS. COMPTIA DOES NOT WARRANT THE COMPLETENESS, ACCURACY, TIMELINESS OR ADEQUACY OF THE INFORMATION AND MATERIALS ON THE SERVICES AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE SERVICES. 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 SERVICES. WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THROUGH USE OR DOWNLOADING MATERIAL FROM THE SERVICES. BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED , AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU ACKNOWLEDGE AND AGREE THAT ANY USE OF THE SERVICES OR INFORMATION AND SERVICES CONTAINED THEREON IS AT YOUR OWN RISK.
B. Limitation of Liability. IN NO EVENT WILL COMPTIA BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, LOSSES, OR EXPENSES OF ANY KIND RELATING TO OR ARISING IN CONNECTION WITH THE USE OF THE SERVICES 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 THE SERVICES. 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 SERVICES. IN NO EVENT WILL COMPTIA’S TOTAL CUMULATIVE LIABILITY TO YOU IN CONNECTION WITH YOUR USE OF THE SERVICES EXCEED THE AMOUNT YOU ACTUALLY PAID TO COMPTIA FOR USE OF THE SERVICES IN THE 12 MONTHS PRIOR TO A CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, AND IN SUCH JURISDICTIONS OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH MAY VARY FROM STATE TO STATE.
YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, INJUNCTIVE OR OTHER EQUITABLE RELIEF OF ANY KIND THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OF SERVICES OR INTELLECTUAL PROPERTY OWNED OR LICENSED BY COMPTIA. We reserve all rights, defenses, and permissible limitations under the law of your state of residence.
C. Acknowledgment of Warranty Disclaimers. You acknowledge and agree that we would not have made the Services available to you without the warranty disclaimers and the limitations on liability and remedy that appear in this Agreement, and that such warranty disclaimers and limitations of liability reflect a reasonable and fair allocation of risk between CompTIA and you.
D. Indemnification. You agree to defend, indemnify, and hold harmless CompTIA (including 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 Services; (iii) any noncompliance by you with the terms of this Agreement; (iv) any claims brought by persons or entities other than you or CompTIA arising from or related to your access and use of the Services, including the information obtained through the Services; (v) your use or attempted use of the Services; and (vi) your breach or alleged breach of this Agreement. You will cooperate as fully required by CompTIA in the defense of any claims, actions, suits, or proceedings. Notwithstanding the foregoing, we reserve the right to assume the exclusive control of the defense of claims, actions, suits, or proceedings, and you may not settle any claims, actions, suits, or proceedings without the prior written consent of an officer or general counsel of CompTIA.
7. Submissions, User Generated Content, DMCA Takedown Notices.
A. User Generated Content. The Services we provide may include communication features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other individuals (collectively, “post”) information, images, links and other content or materials (collectively, “User Content”) on or through the Services. You represent and warrant that: (a) all of your User Content complies with this Agreement; (b) you own or have all necessary rights to the User Content posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in this Agreement; (c) you will pay for all royalties, fees, and any other monies owed by reason of User Content you post on or through the Services; (d) you understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not us, have fully responsibility for such User Content, including its legality, reliability, accuracy, and appropriateness; and (e) we are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Services. We are not a backup service, and you agree that you will not rely on the Services for the purposes of storing User Content. We will not be liable to you or third-party beneficiaries for any modification, suspension, or discontinuation of the Services, or the loss of any User Content. Notwithstanding this provision, we will not seek to enforce this Agreement or penalize a user with respect to any statement about us or our products and services to the extent that such statement is protected by law.
By posting User Content in any form on the Services, or disseminating any other information through the Services, you grant us a worldwide, royalty-free, perpetual, irrevocable, transferable, sublicensable, nonexclusive license to use, reproduce, create derivative works of, make available, distribute, perform, display and in any other way exploit the User Content and/or other information you provide for any purpose. Such User Content and information is public, subject to our Privacy Policy where applicable. Our Services may be subject to a compromise of security and we do not guarantee that any User Content or other information you provide will be kept confidential in such circumstances.
If you choose to send us feedback, ideas, suggestions, or other such information (collectively, “Feedback”), you agree to waive all rights in such Feedback. You further agree that we are free to use the Feedback for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you, and without any commitment to confidentiality unless we expressly provide otherwise in writing.
B. Claims fo Copyright Infringement. We respect the intellectual property rights of others, and we prohibit users of our Services from submitting, uploading, posting or otherwise transmitting any materials that violate another person’s intellectual property rights or this Agreement.
In line with that belief, CompTIA’s policy is to terminate the accounts of users of the Services who are repeat infringers of copyright. In addition, pursuant to 17 U.S.C. Section 512, as amended, CompTIA has implemented procedures for receiving written notification of claimed copyright infringements and for processing such claims in accordance with the law. All claims of copyright infringement must be submitted to us 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:
CompTIA
Attn: Legal
3500 Lacey Road, Suite 100
Downers Grove, IL 60151
(630) 678-8300
To submit any such complaint by e-mail, please use the following address: legal@comptia.org.
Any notification of claimed copyright infringement must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material claimed to be infringing, along with information reasonably sufficient to permit us to locate such material.
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
8. Binding Arbitration and Class Action Waiver.
If you have any dispute with or claim against us (including our affiliates), or if we have a dispute with or claim against you, relating to the Services, a product or service purchased through the Services, this Agreement, or your use of the Services (a “Claim”), you and CompTIA each agree to attempt in good faith to resolve such Claim first through informal negotiation, which shall be a precondition to you initiating a lawsuit or arbitration against us. Excluding claims by us for injunctive or other non-monetary relief, which we may pursue in any court of competent jurisdiction, if we do not resolve the Claim through informal negotiation, the Claim shall be resolved through binding arbitration or an individual action in small claims court in the U.S. county (or parish) of your residence or in DuPage County, Illinois. If neither of us chooses to resolve the Claim in small claims court, or the small claims court determines that it lacks jurisdiction to resolve the Claim, the Claim must be resolved solely by binding arbitration. Class arbitrations and class actions are not permitted under any circumstances, and a Claim between you and us shall not be consolidated with any claim involving a third party. You and we agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury or to participate in a class action or class arbitration.
Before you commence an arbitration or file a small claims court action with respect to a Claim, you must first send to CompTIA a written notice of your Claim, and before we commence an arbitration or file a small claims court action with respect to a Claim, we must first send to you a written notice of our Claim (either a “Notice”). Your Notice must (i) be sent by certified mail; (ii) be addressed to: Legal Department, CompTIA, 3500 Lacey Road, Suite 100, Downers Grove, IL 60151; (3) describe the nature of your Claim; and (4) specify the damages or other relief you seek. The description included in your Notice must be on an individual basis and not on a mass or consolidated basis. During a period of 30 days from the receipt of the written notice from the other party, CompTIA and you will engage in informal telephonic negotiation, and such informal telephonic negotiation shall be individualized such that a separate informal telephonic negotiation must be held each time a party intends to commence individual arbitration or claim. Multiple individuals initiating arbitrations or claims cannot participate in the same informal telephonic negotiation. If we and you do not then resolve the Claim within 30 days after receipt of the Notice, either you or we may commence an arbitration or file a small claims court action to resolve the Claim.
Any such arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with AAA’s Consumer Arbitration Rules; PROVIDED HOWEVER, that in the event that five (5) or more individuals seek to initiate (or do initiate) arbitration proceedings against us in a coordinated or related manner (e.g., coordination among plaintiffs or their counsel in regard to similar claims), then instead of such arbitrations being administered by AAA, we may, in our sole discretion, elect to consolidate any number of such arbitrations without AAA and before an arbitrator who is mutually agreed-upon by the parties (and terminate any pending filing or administration by AAA), (i) with such arbitrator being a retired federal or state judge and experienced with the subject matter of the arbitration, and (ii) except with respect to administration of the arbitration proceedings, the arbitrator shall follow AAA Consumer Arbitration Rules or a similar set of rules and procedures required by the arbitrator. Contact information for AAA, as well as copies of the Consumer Arbitration Rules and applicable forms, are available at https://adr.org/. In circumstances in which the Consumer Arbitration Rules provide for an in-person hearing, such hearing will take place in the U.S. county (or parish) of your residence, or otherwise in DuPage County, Illinois.
The decision of the arbitrator will be final and binding on the parties. Judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this section shall prevent us from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, except to the extent that disclosure may be legally required of a party, necessary to protect or pursue a legal right, or to enforce or challenge an award in legal proceedings before a court or other judicial authority.
YOU WAIVE YOUR RIGHT TO A JURY TRIAL IN ANY JUDICIAL PROCEEDING. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW AND EXCEPT FOR CONSOLIDATED ARBITRATION AS PROVIDED ABOVE, YOU AGREE THAT EACH PARTY TO A DISPUTE HEREUNDER MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless we agree (and for consolidated arbitration as provided above), no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
If you have a legal complaint other than a copyright claim, please send it to us at the following address:
CompTIA
Attn: Legal
3500 Lacey Road, Suite 100
Downers Grove, IL 60515-5439
legal@comptia.org
Your complaint should clearly identify the relevant issue and include information that we can use to contact you.
9. Additional Provisions.
A. Privacy. Personal information collected by us in connection with the Services will be maintained in accordance with our posted Privacy Policy.
B. 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
- https://www.connectsafely.org/parentguides/
- https://www.connectsafely.org/controls/
- https://staysafeonline.org/online-safety-privacy-basics/parental-controls/
C. Sanctions and Export Compliance. CompTIA operates the Services from its offices in the State of Illinois, United States of America. We make no representation that the materials on the Services are appropriate or available for use outside of the United States, and our Services are not intended for distribution, or use in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Those who choose to access the Services from outside of the United States do so with this understanding and are responsible for compliance with all applicable U.S. and non-U.S. laws. Software that is used to provide the Services is subject to United States export controls. You may not export, re-export, or transfer (in-country) any services, information or materials accessed on or described in the Services except in full compliance with all United States laws and regulations.
Accordingly, no CompTIA software or Services may be used, downloaded by, exported, re-exported, or transferred (in-country) to: (a) a person located, organized, or ordinarily resident in any country that is the subject of comprehensive sanctions imposed by the U.S., UK, EU, or UN; (b) any person listed on any U.S., UK, EU, or other relevant sanctions- or export controls-related list of prohibited or restricted parties, including but not limited to the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Nationals, the U.S. Commerce Department's Denied Persons List or Entity List, the UK sanctions list, or the EU consolidated list of persons, groups, and entities subject to EU financial sanctions; (c) any entity 50% or more owned, directly or indirectly, or controlled by any such person(s) described in (a) or (b); or (d) to any person otherwise blocked by or the subject of sanctions imposed by the U.S., UK, EU, or other relevant government or governing body. Visitors to and users of the websites, CompTIA-branded applications, and services traveling or relocating outside of the U.S. may be unable to access the Services from countries or regions subject to economic and/or trade sanctions by the Office of Foreign Assets Control (OFAC) or other authorities. If you choose to access the Services from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with all applicable laws.
Further, by using or accessing the Services, you certify all of the following:
1. Neither you nor any person contributing to payment for Services on your behalf are on any list of restricted persons with whom it is unlawful for a United States company to do business, or located in a jurisdiction where your use would violate law or regulation;
2. Neither you nor any person contributing to payment for Services on your behalf are an employee, contractor, or current or former official of any government (or instrumentality thereof) that is subject to economic and/or trade sanctions by OFAC or other authorities;
3. You are not utilizing any Services in a way that will cause CompTIA to violate any sanctions or export controls law, rules, and/or regulations.
D. Governing Law. 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. EXCLUDING DISPUTES ADDRESSED THROUGH ARBITRATION AS PROVIDED IN SECTION 8, YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COMPETENT STATE AND FEDERAL COURTS WITH JURISDICTION IN DUPAGE COUNTY, ILLINOIS IN RELATION TO ANY CLAIM, DISPUTE, OR DIFFERENCE ARISING FROM THIS AGREEMENT, AND YOU AGREE TO WAIVE ANY RIGHT OF REMOVAL OR TRANSFER WHETHER DUE TO FORUM NON CONVENIENS OR OTHER REASON. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Transaction Act (UCITA) are expressly excluded from this Agreement.
E. No Assignment by User. You may not assign any of your rights, obligations, or privileges under this Agreement without CompTIA’s prior written consent.
F. 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.
G. 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.
H. 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
I. Entire Agreement. This Agreement (including our Privacy Policy and other referenced notices) constitutes the entire agreement between you and us and supersedes all prior agreements with respect to the subject matter hereof. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Services. Using the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive communications from us through electronic means (e.g., email), and agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and/or on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES IN CONNECTION WITH ANY BINDING TERMS OR CONTRACTS IN CONNECTION WITH THE SERVICES.
If you have any questions, concerns or comments about this Agreement, please email us at legal@comptia.org; for inquiries or complaints regarding the Services, please contact us as directed at https://www.comptia.org/contact-us.