Legal & Privacy

CompTIA's legal and privacy provisions are set forth below. You can use the buttons or the navigation pane to the right to find the relevant documentation. If you have additional questions, you can email [email protected] or [email protected] for more information.


Privacy Notice

CompTIA recognizes that privacy is a fundamental human right and recognizes that privacy, security, and data protection are paramount to our customers and employees. This Privacy Notice (sometimes known as a Privacy Policy or Privacy Statement under varying data protection regimes) informs you of how CompTIA collects, uses, and shares personal information. Please note: This policy does not cover the CompTIA store. You can view the privacy policies for the store HERE. You can jump to particular topics by going to the headings below:

Types Of Information We Collect.
Use And Processing Of Information.
Sharing Of Information.
Your Choices.
How We Protect Personal Information.
Miscellaneous.
Contact Information.

Types Of Information We Collect.

The following provides examples of the type of information that we collect from you and how we use that information.

ContextTypes of DataPrimary Purpose for Collection and Use of Data
Account Registration or Membership ApplicationWe collect your name, contact information, and professional information such as your company or industry upon account creation. We also collect information relating to the actions that you perform while logged into your account.We have a legitimate interest in providing account related functionalities to our users. Accounts can be used to save your preferences and transaction history.
Certification and LearningWe collect attendance records and learning information, as well as the information you enter on exams (which may include video of you and your surroundings if you select the online testing option), customer service interactions, and any certification verification requests that you have made. For more information, please see the Candidate Agreement.We have a legitimate interest in ensuring that our certification and learning standards.
Cookies and first party trackingWe use cookies. “Cookies” are small pieces of information that a website sends to a computer’s hard drive while a web site is viewed.We have a legitimate interest in making our websites operate efficiently.
Cookies and Third-Party TrackingWe participate in behavior-based advertising, which means that a third party uses technology (e.g., a cookie) to collect information about your use of our websites so that it can provide advertising about products and services tailored to your interests on our websites or on other websites.We have a legitimate interest in engaging in behavior-based advertising and capturing website analytics.
Demographic InformationWe sometimes collect demographic information.We have a legitimate interest in understanding our users and providing tailored services.
Email InterconnectivityIf you receive email from us, we use certain tools to capture data related to when you open our message, click on any links or banners it contains, and make purchases.We have a legitimate interest in understanding how you interact with our communications to you.
Feedback/SupportIf you provide us feedback or contact us for support, we will collect your name and e-mail address, as well as any other content that you send, so that we can reply.We have a legitimate interest in receiving, and acting upon, your feedback or issues.
Mailing ListWhen you register for one of our email lists, we collect your email address and/or postal address.We share information about our events, products, and services with individuals that consent to receive such information. We also have a legitimate interest in sharing information about our products or services.
Mobile DevicesWe collect information from your mobile device such as unique identifying information broadcast from your device and location when visiting our websites or using our application.We have a legitimate interest in identifying unique visitors, and in understanding how users interact with us on their mobile devices.
Partner PromotionWe collect information that you provide as part of a co-branded promotion with another company. We may also have service providers collect information on our or our partners’ behalf.We have a legitimate interest in fulfilling our promotions.
Surveys and Member PortalsWhen you participate in a survey or contribute within member portals, we collect information that you provide through the survey or portal post. If the survey or portal is provided by a third-party service provider, the third party’s privacy policy applies to the collection, use, and disclosure of your information.We have a legitimate interest in understanding your opinions and collecting information relevant to our organization.
Website interactionsWe use technology to monitor how you interact with our website. This may include which links you click on, or information that you type into our online forms. This may also include information about your device or browser.We have a legitimate interest in understanding how you interact with our website to better improve it, and to understand your preferences and interests in order to select offerings that you might find most useful. We also have a legitimate interest in detecting and preventing fraud or other security incidents.
Web logsWe collect information, including your browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to a computer when the Internet is used), domain name, click-activity, referring website, and/or a date/time stamp for visitors.We have a legitimate interest in monitoring our networks and the visitors to our websites. Among other things, it helps us understand which of our services is the most popular.

In addition to the information that we directly collect from you, we may also receive information about you from other sources, including third parties, our affiliates, or publicly available sources. For example, we may receive information on graduates from a university or an employer.

Use And Processing Of Information.

In addition to the purposes and uses described above, we use information in the following ways:

  • To identify you when you visit our websites.
  • To track your progress through our certification programs.
  • To verify your certifications when requested by you or a third party.
  • To provide training and services or to process returns.
  • To improve our services and product offerings.
  • To conduct analytics.
  • To respond to inquiries related to support, sales, or other requests.
  • To send marketing and promotional materials, including information relating to our products, services, sales, or promotions.
  • For internal administrative purposes, as well as to manage our relationships.

Although the sections above describe our primary purposes in collecting your information, in many situations we have more than one purpose. If you register for membership, for example, we may collect your information to perform our contract with you. We also collect your information as we have a legitimate interest in maintaining your information after your membership concludes so that we can quickly and easily respond to any questions about your history with the organization. As a result, our collection and processing of your information is based in different contexts upon your consent, our need to perform a contract, our obligations under law, and/or our legitimate interest in maintaining our programs.

Sharing Of Information.

In addition to the specific situations discussed elsewhere in this policy, we disclose information in the following situations:

  1. Affiliates and Acquisitions. We may share information with our corporate affiliates (e.g., parent company, sister companies, subsidiaries, joint ventures, or other companies under common control). If another company acquires, or plans to acquire, our company, business, or our assets, we will also share information with that company, including at the negotiation stage.
  2. Other Disclosures with Your Consent. We may ask if you would like us to share your information with other unaffiliated third parties who are not described elsewhere in this policy.
  3. Other Disclosures without Your Consent. We may disclose information in response to subpoenas, warrants, or court orders, or in connection with any legal process, or to comply with relevant laws. We may also share your information in order to establish or exercise our rights, to defend against a legal claim, to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, safety of person or property, or a violation of our policies, or to comply with your request for the shipment of products to or the provision of services by a third-party intermediary.
  4. Public. Some of our websites may provide the opportunity to post comments, or reviews, in a public forum. If you decide to submit information on these pages, that information may be publicly available.
  5. Partner Promotion. We may offer contests, sweepstakes, or other promotions with third party partners. If you decide to enter a contest, sweepstakes, or promotion that is sponsored by a third party partner the information that you provide will be shared with us and with them.  Their use of your information is not governed by this privacy policy.
  6. Service Providers. We may share your information with service providers. Among other things, service providers may help us to administer our website, conduct surveys, provide technical support, process payments, assist in fulfilling orders, in delivering content and examinations and other materials.
  7. Workforce Partnerships or Exam Sponsors. We may share your information, such as attendance data, course completion, certification results or other performance related information with any governmental entity, including without limitation any federal, state, local, or municipal governmental entity or private entities which may include, without limitation, any for-profit or non-profit entity, with which CompTIA or any of its affiliates may have a contractual relationship relating to pre-apprenticeship programs, apprenticeship programs, workforce training, skills development, job placement, and any other professional development (“workforce related programming”). Among other things, Workforce Partners or Exam Sponsors may require your information to determine interest, eligibility, and/or success of workforce related programming, or to otherwise assist with providing workforce related programming. Please refer to the CompTIA Candidate Agreement for more information.

Your Choices.

You have the following choices regarding your personal information:

  1. Access To Your Personal Information. You may request access to your personal information by contacting us at the address described below. If required by law, upon request, we will grant you reasonable access to the personal information that we have about you.
  2. Changes To Your Personal Information. We rely on you to update and correct your personal information. Most of our websites allow you to modify or delete your account profile. Note that we may keep historical information in our backup files as permitted by law. If our websites do not permit you to update or correct certain information, contact us at the address described below.
  3. Deletion Of Your Personal Information. Typically, we retain your personal information for the period necessary to fulfill the purposes outlined in this policy, unless a longer retention period is required or permitted by law. You may, however, request information about how long we keep a specific type of information, or request that we delete your personal information by contacting us at the address described below. If required by law, we will grant a request to delete information, but you should note that in many situations we must keep your personal information to comply with our legal obligations, resolve disputes, enforce our agreements, or for another one of our business purposes. 
  4. Objection to Certain Processing. You may object to our use or disclosure of your personal information by contacting us at the address described below. 
  5. Promotional Emails. You may provide us with your email address for the purpose of allowing us to send free newsletters, surveys, offers, and other promotional materials to you, as well as targeted offers from third parties. You can unsubscribe from promotional emails by following the instructions in e-mails that you receive.  If you decide not to receive promotional emails, we may still send you service-related communications.
  6. Revocation Of Consent. If you revoke your consent for the processing of personal information, then we may no longer be able to provide you services. In some cases, we may limit or deny your request to revoke consent if the law permits or requires us to do so, or if we are unable to adequately verify your identity. You may revoke consent to processing (where such processing is based upon consent) by contacting us at the address described below.

How We Protect Personal Information.

No method of transmission over the Internet, or method of electronic storage, is fully secure. While we use commercially reasonable efforts to protect your personal information from unauthorized access, use, or disclosure, we cannot absolutely guarantee the security of your personal information. If legally required and/or permitted by law to inform you of a breach to your personal information we may notify you electronically, in writing, or by telephone.

Some of our websites permit you to create an account. When you do you will be prompted to create a password. You are responsible for maintaining the confidentiality of your password, and you are responsible for any access to or use of your account by someone else that has obtained your password, whether such access or use has been authorized by you. You should notify us of any unauthorized use of your password or account.

Miscellaneous.

The following additional information relates to our privacy practices:

  • Transmission Of Information To Other Countries. As a multi-national non-profit, we transmit information between and among our affiliates. Therefore, your information may be processed in a foreign country where privacy laws may be less stringent than the laws in your country. Nonetheless, where possible we take steps to treat personal information using the same privacy principles applicable to the law of the country where we first received your information. By submitting your personal information to us you agree to the transfer, storage, and processing of your information in a country other than your country of residence including, but not necessarily limited to, the United States. If you would like more information concerning our attempts to apply the privacy principles applicable of the jurisdiction where data originates to that of another, you can contact us using the contact information below.
  • Third Party Applications/Websites. We have no control over the privacy practices of websites or applications that we do not own.
  • Changes To This Privacy Policy. We may change our privacy policy and practices over time.  To the extent that our policy materially changes, the policy that was in place at the time that you submitted personal information to us will generally govern that information unless we receive your consent to the new privacy policy.  
  • Information for California Residents. California Civil Code 1798.115(c), 1798.130(a)(5)(c), 1798.130(c), and 1798.140 indicate that organizations should disclose whether certain categories of information are “sold” or transferred for an organization’s “business purpose” as those terms are defined under California law. You can find a list of the categories of information that we share here. Please note that because this list is comprehensive it may refer to types of information that we share about people other than yourself. If you would like more information concerning the categories of personal information (if any) we share with third parties or their affiliates to use for direct marketing, please submit a written request to us using the information in the "Contact Information" section below.
  • Information for other State Residents with newly enacted data protection regulations. CompTIA regards the protection of our customer, partner, and member data as a fundamental right and therefore treats that data with a high level of care. If you would like to exercise any of the data subject rights afforded to you, please visit our Data Subject Request Form.

Contact Information.

If you have any questions, comments, or complaints concerning our privacy practices please contact us at the appropriate address below. We will attempt to respond to your requests and to provide you with additional privacy-related information.

[email protected]
1-(866)-835-8020

If you are dissatisfied with our response, and are in the European Union, you may have a right to lodge a complaint with your local supervisory authority. EU data subjects may also inquire about our privacy practices by contacting us as set forth below:

CompTIA UK Ltd.
1 Ropemaker Street
London, England EC2Y 9AW
[email protected]

Last Revised: April 4, 2023
Effective Date: April 4, 2023

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Family Educational Rights and Privacy Act (“FERPA”) Notice for CTCA Students

The Family Educational Rights and Privacy Act of 1974 (“FERPA”) is a federal law that protects the privacy of student education records and gives students and their parents certain rights regarding those educational records.

Education Records

CompTIA Tech Career Academy (CTCA) maintains basic student records that describe and document their work and progress. These education records often include permanent and local addresses, admissions records, enrollment status, course grades, reports and evaluations, completion of requirements, progress toward certification, and other correspondence with or concerning the student.

Right of Access

For maximum utility, student records must be accurate and complete. These rights below apply to the student or the student’s parent or legal guardian in cases where the student is under 18 years of age. CTCA students may request access to their own education records and may rectify and add to them for additional clarification. CTCA students can request access to their education records by contacting [email protected]. CTCA students may submit a written request identifying the specific record or records he/she wishes to inspect. CompTIA will provide a response within 45 days of receiving the request. When a record contains information about more than one student, the requesting CTCA student may only inspect and review the portion of the record relating to him or her. CTCA students are not permitted to view letters and statements of recommendation to which they waived their right of access, or that were filed prior to January 1, 1975.

CTCA students should direct any questions they have about the accuracy of records to [email protected]. If questions remain, the request will be forwarded to privacy, legal, and IT. If necessary, where informal communications have not resolved the issues submitted, committee review may be necessary to resolve any issue concerning record accuracy.

Additional Student Rights under FERPA

Pursuant to both CompTIA policy and FERPA, CTCA students and former students have the right to:

  • be fully informed of their rights under FERPA.
  • inspect and review aspects of their education records that CompTIA maintains.
  • exercise limited control over other people’s access to their education records.
  • seek to correct their education records if they believe them to be inaccurate, misleading or otherwise in violation of their FERPA rights.
  • file a complaint with the U.S. Department of Education if they believe CompTIA has not complied with FERPA’s requirements. Such complaints may be submitted to the US Department of Education, Student Privacy Policy Office, 400 Maryland Avenue, S.W., Washington, DC 20202-8520, in writing within 180 days.

Directory Information

FERPA “directory information” is student information that can be made publicly available without being considered an invasion of student privacy. Directory information includes name (including recorded name), local address, local phone, certificate status, email address, and enrollment status.

CompTIA does not typically disclose student directory information. However, a CTCA student may inform CompTIA if they wish to prevent disclosure of their directory information, which is known as putting in place a “FERPA Block.” To do so, a CTCA student must inform CompTIA of their decision in writing within 15 days of the course start date. CTCA students should be aware of the possible consequences of putting in place a FERPA Block, such as missed mailings, messages, and announcements or potential non-verification of certification status. CTCA students who have previously placed a FERPA Block on their directory information may reverse this decision by writing CompTIA.

Other Disclosures permitted under FERPA

In addition to allowing directory information disclosures, as set forth above, FERPA permits disclosure of educational records without a student’s knowledge or consent under certain circumstances. Disclosure, for example, is permitted to CTCA officials with a legitimate educational interest in the records, meaning that the person needs the information to fulfill his or her professional responsibilities, including instructional, supervisory, advisory, administrative, academic or research, staff support or other duties. “CTCA officials” may include faculty; administrators; clerical employees; professional employees; and/or independent contractors performing functions for CTCA. A student’s education record also may be shared with parties outside of CTCA under certain conditions, including, for example, in situations involving a health and safety emergency. In addition, CTCA may forward a student’s education records to other agencies or institutions that have requested the records and in which the student seeks or intends to enroll or is already enrolled so long as the disclosure is for purposes related to the student's enrollment for training or exam delivery.

If CTCA determines that a student has committed a disciplinary violation involving a violent crime, a sex offense, or cheating, it may also, if legally permitted, disclose certain information about the disciplinary case. The disclosure may include the student’s name, the violation committed, and the sanction imposed.

Last Revised: April 11, 2023
Effective Date: April 11, 2023

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Terms & Conditions

Effective Date: 02/14/2023

The Computing Technology Industry Association, Inc. and its affiliates ("CompTIA," "we," 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.

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 discontinue your use of the Services immediately.

PLEASE NOTE THAT THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN THE RESOLUTION OF DISPUTES BETWEEN WE 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.

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.

1. 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 not to use the Services. If you continue to use the Services after we change this Agreement, you accept all changes.

2. Copyright. Unless otherwise indicated, the copyright in the content of the Services, including the screens displayed on the Services and software used to provide the Services, is owned by 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.

3. Availability of CompTIA Products and Services. CompTIA may, in its sole discretion, modify or discontinue 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.

4. Purpose of the Services; Accuracy of Information. The information contained in the Services is for informational purposes only. We attempt to provide information that is complete, accurate and current. However, despite our efforts, information available on the Services may occasionally be incomplete, inaccurate or out of date. Accordingly, you should not rely on information contained in the Services. Such information is not intended to replace, and should not be interpreted or relied upon as professional advice from CompTIA, whether legal or otherwise. 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.

5. Usage. 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.

6. Access to Certain Portions of the Services. Access to certain portions of the Services is restricted and personal to individual members of CompTIA, holders of certain CompTIA certifications, or others. To become eligible to access any such portions of the Services, you may be required to create an account or give CompTIA certain information. 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. 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 the Services. If you have a user ID and/or password to enable you to access restricted portions of the Services, you must not permit use of your user ID or password by any other person. You are solely responsible for maintaining the confidentiality of your ID, password, and other account information. You will be responsible for all usage of the Services 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 Services immediately when you are finished using it in order to prevent fraud or other use by other persons. CompTIA may, in its sole discretion, suspend or terminate any user account in the name of a group or organization or that it determines to have been used by multiple individuals.

7. 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 or frame 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 CompTIA in its sole discretion; (g) use the Services to post or otherwise disseminate any communication that infringes or dilutes any intellectual property or that violates any person’s rights of privacy or publicity; (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; or (n) attempt to use the Services to gain unauthorized access to other computer systems or networks connected to the Services.

8. Monitoring by CompTIA. CompTIA has the right, but not the obligation to monitor the use of the Services. If CompTIA monitors the use of the Services, CompTIA may examine, copy, and record any information relating to your usage of the Services. CompTIA reserves the right to disclose any such information in order to comply with any law, regulation, or governmental request. CompTIA shall have the right, but not the duty, to remove any communication that CompTIA, in its sole discretion, finds to be objectionable or inappropriate.

9. 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 SERVICESAND 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.

10. Limitation of Liability. IN NO EVENT WILL COMPTIA BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, LOSSES, OR EXPENSES, OR FOR ANY OTHER DAMAGES IN EXCESS THE GREATER OF THE AMOUNT YOU ACTUALLY PAY TO COMPTIA FOR USE OF THE SERVICES IN THE 12 MONTHS PRIOR TO A CLAIM OR $100, THAT IN ANY CASE ARISE 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. 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.

11. Acknowledgment of Warranty Disclaimers. You acknowledge and agree that CompTIA 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.

12. 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; 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 Services, including the information obtained through the Services.

13. 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 Services, and may delete and discard any information that you have published, sent or received on or via the Services.

14. Trademarks. 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.

15. 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.

16. 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

17. Infringement Policy. CompTIA has adopted a policy of terminating in appropriate circumstances 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 CompTIA in a written complaint that complies with the requirements below and is delivered to our designated agent to receive notification of claimed infringement.
To submit any such complaint by mail, please use the following address:

Copyright Agent
CompTIA
3500 Lacey Road, Suite 100
Downers Grove, IL 60515
(630) 678-8300

To submit any such complaint by e-mail, please use the following address: [email protected].

Any notification of claimed copyright infringement must include the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed.
  3. Identification of the material claimed to be infringing, along with information reasonably sufficient to permit CompTIA to locate such material.
  4. Information reasonably sufficient to permit CompTIA to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address.
  5. 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.
  6. 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.

If you have a legal complaint other than a copyright claim, please send it to us at the following address:

Legal Department
CompTIA
3500 Lacey Road, Suite 100
Downers Grove, IL 60515

Your complaint should clearly identify the relevant issue and include information that we can use to contact you.

18. Public Information. If you post any material in any form on the Services, or disseminate any information through the Services, you will be deemed to grant CompTIA 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 material and information you provide for any purpose. Such material and information will be deemed to be public.

19. 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 you do not provide us with an accurate and current e-mail address, we will not be responsible for failure to notify you.

20. Limit on Exportation. Unless otherwise specified, the Services are intended solely for use in the United States of America. CompTIA operates the Services from its offices in the State of Illinois, United States of America. CompTIA makes no representation that the materials on the Services are appropriate or available for use outside of the United States. Those who choose to access the Services from outside of the United States do so with this understanding and are responsible for compliance with local laws. Software that is used to provide the Services is subject to United States export controls. Access to the Services by persons in any country that is subject to a U.S. government embargo, or any person listed on a U.S. government “watch list” of prohibited or restricted persons, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce, is also prohibited.  By using the Services, 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.

21. 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.

22. Disputes; Arbitration. 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 to resolve such Claim first through informal negotiation. 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 60515; (3) describe the nature of your Claim; and (4) specify the damages or other relief you seek. If we and you do not then resolve the Claim within 30 days after we receive your 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. 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.

23. 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.

24. 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.

25. 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.

26. 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

27. Entire Agreement. This Agreement constitutes the entire agreement between you and us and supersedes all prior agreements with respect to the subject matter hereof.

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LEARNING PRODUCTS LICENSE AGREEMENT

Effective Date: March 21, 2024

THIS LEARNING PRODUCTS LICENSE AGREEMENT (this “Agreement”) is made and entered into as of the latest date set forth on the signature page hereto (the “Effective Date”), by and between THE COMPUTING TECHNOLOGY INDUSTRY ASSOCIATION, INC., a Connecticut not-for-profit corporation, with its principal place of business at 3500 Lacey Rd, STE 100, Downers Grove, IL  60515 (“CompTIA”) and the entity or person agreeing to the Agreement (“Licensee”), each a “Party” and collectively the “Parties.” This Agreement consists of the terms and conditions contained herein, the Order Form, and Exhibit A, the Software Pricing, as each may be updated, amended, revised, or supplemented from time to time. The Parties hereby agree to the following terms and conditions:

1. License.

(a) License Grant. CompTIA grants to Licensee and its Authorized Users (Authorized Users” means the student and educator users who Licensee permit to access and use the Software under this Agreement pursuant to a valid Activation (defined below) a non-exclusive, non-transferable, non-sublicenseable license to use CompTIA’s online assessments, labs, and learning resources (“Software”). This license includes the third-party materials and related media content set forth in Exhibit A together with any corresponding instructor resources (“Licensed Materials”). Licenses are activated when Licensee or Licensee’s Authorized User activates such license through the LabSim portal (an “Activation”). Each license is for a single user only, and Activations shall not be rotated or shared among multiple users.  In the event of a violation of these terms, such as transferring or sublicensing the license, the license may be terminated at CompTIA's discretion. If the Licensee or its Authorized Users fail to activate the license within a period of one (1) year, the license may be forfeited.  CompTIA reserves all rights not expressly granted to Licensee in this Agreement.

(b) License Term. Unless otherwise specified on the Order Form:

(i) For K-12 educational institutions, all licenses will expire at the end of the current academic year in which they were activated.
(ii) For all other customers, each license is valid for twelve (12) months from the date of the license activation.

(c) Use Restrictions. Licensee shall not use the Software or Licensed Materials for any purposes beyond the scope of the license granted in this Agreement. Unauthorized use of the Software or Licensed Materials beyond the scope of the license may result in termination of the license and potential legal action. Licensee shall not, directly or indirectly, and shall not permit any third party, to:

(i) modify, alter, amend, fix, translate, enhance or otherwise create derivative works of the Software. Should any modifications, alterations, amendments, improvements, translations, enhancements, or derivative works of any kind (collectively, “Derivative Works”) result from your, or an Authorized User’s, use of the Software, you and any Authorized User hereby assign any and all such Derivative Works to CompTIA.
(ii) remove, disable, or otherwise create or implement any workaround to any security features contained in the Software.
(iii) remove, delete, or alter any trademarks, copyright notices or other intellectual property right notices of CompTIA or its partners or licensors, if any, from the Software.
(iv) copy the Software, in whole or in part, except that you may either (i) make one copy of the Software or any part thereof for backup or archival purposes, or (ii) transfer the Software to a single additional hard disk provided you keep the hard disk solely for backup or archival purposes. Any copy of the Software or any part thereof made by you is and remains the property of CompTIA, is subject to the terms and conditions of this Agreement, and must include all copyright and other intellectual property notices contained in the original. If the Software is an update or has been updated, any such transfer must include the most recent update and all prior versions. You may not copy the Documentation for any reason.
(v) assign, sublicense, sell, loan, convey, rent, lease, distribute, publish, transfer, or otherwise make the Software available to any third party for any reason.
(vi) reverse engineer, decode, decompile, disassemble, or adapt the Software, or otherwise attempt to derive or gain access to the source code of the Software, in whole or in part (except as and only to the extent this restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-source components included with the Software).
(vii) use the Software in violation of any federal, state or local law, regulation or rule.(viii) use the Software for purposes of competitive analysis, the development of a competing Software product or any other purpose that is to CompTIA’s commercial disadvantage.

2. Fees and Payment.

(a) Pricing. Exhibit A shall set forth the agreed pricing (“Fee”) for all products available to the Licensee. To the extent that the Fee for any products changed and/or a new product is added to the existing Exhibit A, CompTIA shall provide Licensee written notice of the foregoing no later than ten (10) days prior to the effective date of such updated Exhibit A (“Revised Exhibit A”). Any existing Exhibit A shall be automatically superseded and replaced by such Revised Exhibit A as of the effective date listed therein, without any requirement for the Parties to execute an updated Agreement or Exhibit A.

(b) Invoices. CompTIA shall invoice Licensee within 30 days of delivering access to the Software. Licensee shall pay CompTIA the full invoice amount including sales tax if applicable (without deduction, set-off, or counterclaim) within thirty (30) days of receipt of invoice, unless any sums are disputed in good faith within fourteen (14) days of receipt of invoice.

(c) Default; Collection Costs. Licensee’s failure to pay any amounts due under this Agreement shall constitute a material breach of this Agreement, and, if Licensee fails to cure such breach within fifteen (15) days after receiving written notice from CompTIA, CompTIA may deactivate all licenses hereunder, terminate this Agreement, and pursue all legal and equitable remedies to recover the balance due. In any action to collect a balance due under this Agreement, Licensee shall be liable to CompTIA for any associated collection costs, including, without limitation, reasonable attorneys’ fees and costs.

(d) No Deductions or Setoffs. All amounts payable to CompTIA under this Agreement shall be paid by Licensee to CompTIA in full without any setoff, recoupment, counterclaim, deduction, debit or withholding for any reason.

3. Learning Management System (LMS) Integration. At client’s request, CompTIA will assist Client in enabling LMS integration based on a mutually agreed upon launch date for the selected products to “go live” in the Client’s LMS platform (“Launch Date”). CompTIA’s involvement with LMS integration (“Services”) will be limited to (1) providing LMS integration setup guidelines to Client, (2) assisting with testing the LMS integration before the Launch Date, and (3) assisting with any LMS integration issues identified in the two-week period following the Launch Date.

4. Intellectual Property Rights. Licensee acknowledges that CompTIA owns all right, title and interest in and to the Software, and, with respect to the Licensed Materials, the applicable third-party licensors own all right, title and interest in and to the Licensed Materials. Notwithstanding anything in this Agreement to the contrary, CompTIA shall have the right to capture, collect, maintain, process and use any and all information associated with the use of the Licensed Materials, including without limitation, product usage information, aggregated user performance, assessments, and statistical analyses. To the fullest extent permitted by law, CompTIA shall have the right to share such information collected with third parties. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel or otherwise, to Licensee or any third party any right, title, or interest in or to any of the Software or the Licensed Materials.

5. Confidential Information. Confidential Information. During the Term of this Agreement, each Party recognizes that it may be exposed to materials, data, operations, and other non-public information of the other Party that the other Party considers to be confidential or proprietary (collectively, “Confidential Information”). Each Party retains full ownership, rights, and interest in and to its Confidential Information. The Party receiving Confidential Information under this Agreement agrees that it will: (i) use the same degree of care in protecting the Confidential Information of the other Party against unauthorized disclosure as it accords to its own Confidential Information, but in no event less than a reasonable standard of care; (ii) hold the disclosing Party’s Confidential Information in trust solely for the disclosing Party's benefit and use; (iii) not directly or indirectly sell, alienate, transfer, assign, disclose, disseminate or divulge the disclosing Party’s Confidential Information to any person or entity (including employees of the receiving Party who do not need to know the Confidential Information in order for the receiving Party to fulfill its obligations under this Agreement) without the disclosing Party’s prior written permission; (iv) not directly or indirectly use the disclosing Party's Confidential Information for the benefit of any individual, business, profession, partnership, corporation, joint venture, limited liability company or other endeavor including itself, nor in any way utilize or exploit any of the disclosing Party’s Confidential Information commercially, nor prepare any derivative work from or predicated on any Confidential Information of the disclosing Party; and (v) not reproduce, copy, or duplicate any Confidential Information of the disclosing Party under any circumstances. The foregoing shall not apply to information that: (a) was previously known to receiving Party free of any obligation to keep confidential; (b) is or becomes part of the public domain without breach of this Agreement; (c) is received from a third party as a matter of legal right; (d) is approved for public release by written authorization of an authorized representative of the disclosing Party; or (e) is required to be disclosed by any law, regulation, order of a court, regulatory agency or other authority of competent jurisdiction, or other legal process.

6. Content Changes. CompTIA retains the right to modify the Software and the Licensed Materials. If CompTIA believes, in its sole discretion, that the modifications could produce a different learning outcome or alter the location or availability of Software, CompTIA will provide Licensee with at least ninety (90) days’ notice of such proposed modifications. Should Licensee determine that such modification is not suitable for Licensee’s use, Licensee shall have the right to terminate this Agreement per Section 7 of this Agreement and CompTIA shall issue Licensee a credit for any licenses that were never activated.

7.Term and Termination.

(a) Term & Termination. The term of this Agreement shall commence on the Effective Date and shall continue in effect from year to year thereafter, unless (a) terminated by CompTIA at any time, with or without cause, upon written notice to Licensee at the mailing or email address provided on the cover page hereof; or (b) terminated by Licensee, with or without cause, by providing ten (10) days’ written notice to CompTIA’s legal department at [email protected], with a copy to Licensee’s designated relationship manager.

(b) Effect of Expiration or Termination. Upon the termination of this Agreement, the license(s) granted hereunder will also terminate. Licensee shall cease using and delete, destroy, or return all copies of the Software and Licensed Materials and certify in writing to CompTIA that the Software and Licensed Materials have been deleted or destroyed. No expiration or termination will affect Licensee’s obligation to pay all Fees that may have become due before such expiration or termination, or entitle Licensee to any refund.

(c) Survival. All provisions of this Agreement, which by their nature contemplate survival beyond termination of this Agreement shall survive such termination, including without limitation accrued rights to payment, confidentiality, warranties, disclaimers, and limitations and exclusions of liability.

 

8. Information Security Requirements.  Each Party will establish, maintain, and implement an information security program, including appropriate administrative, technical, and physical safeguards, that is designed to (i) ensure the security and confidentiality of Confidential Information; (ii) protect against any reasonably anticipated threats or hazards to the security or integrity of such Confidential Information; and (iii) protect against unauthorized access to or use of such Confidential Information. Each Party will use the same degree of care in protecting the Confidential Information of the other Party against unauthorized disclosure as it accords to its own Confidential Information, but in no event less than a reasonable standard of care.

9. Disclaimer of Warranties. LICENSEE EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT LICENSEE’S SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, ACCURACY, EFFORT AND PERFORMANCE OF THE SOFTWARE IS WITH THE LICENSEE. THE SOFTWARE AND DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. COMPTIA HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SOFTWARE, DOCUMENTATION, MEDIA AND ANY OTHER SERVICES AND MATERIALS PROVIDED TO LICENSEE UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO LICENSEE, BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

10. Limitations on LiabitilityIN NO EVENT WILL COMPTIA BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER COMPTIA WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, COMPTIA'S AGGREGATE LIABILITY SHALL BE LIMITED TO 1) THE MAXIMUM EXTENT PERMITTED BY LAW, OR 2) THE TOTAL AMOUNTS PAID TO COMPTIA UNDER THIS AGREEMENT IN THE ONE (1) YEAR PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM, WHICHEVER IS LOWER. COMPTIA DOES NOT REPRESENT OR GUARANTEE THAT THE SOFTWARE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND COMPTIA HEREBY DISCLAIMS ANY LIABILITY RELATING THERETO.

11. Indemnification.

(a) CompTIA Indemnification.

(i) CompTIA agrees to indemnify, defend, and hold harmless Licensee and its officers, directors, agents, affiliates, and employees from and against all losses incurred by Licensee resulting from any third-party claim, suit, action or proceeding (a “Third Party Claim”) that the Software or Licensed Materials, or any use of the Software or Licensed Materials in accordance with this Agreement, infringes or misappropriates such third party’s intellectual property rights, provided that Licensee promptly notifies CompTIA in writing of the claim, cooperates with CompTIA, and allows CompTIA sole authority to control the defense and settlement of such claim.
(ii) In the event CompTIA provides any Services, CompTIA agrees to indemnify, defend, and hold harmless Licensee and its officers, directors, agents, affiliates, and employees from and against any and all third-party claims, suits, demands, causes of action, liabilities and expenses (including reasonable attorneys’ fees and costs of defense) that arise as a result of or in connection with: (i) damage or loss to persons or property when Services are performed at a location controlled by the Licensee, provided that such damage or loss is a result of CompTIA’s negligence or willful misconduct; (ii) any claim that the Services infringes upon the rights of a third party, including the intellectual property rights of such party; and (iv) any breach of its obligations contained in Section 5.
(iii) If such a Third-Party Claim is made or appears possible, Licensee agrees to permit CompTIA, at CompTIA’s sole discretion, to: (A) modify or replace the Software or Licensed Materials, or component or part thereof, to make it non-infringing; or (B) obtain the right for Licensee to continue use. If CompTIA determines that none of these alternatives is reasonably available, CompTIA may terminate this Agreement, in its entirety or with respect to the affected component or part, effective immediately on written notice to Licensee.
(iv) This Section 11(a) will not apply to the extent that the alleged infringement arises from: (A) use of the Software in combination with data, software, hardware, equipment, or technology not provided by CompTIA or authorized by CompTIA in writing; or (B) modifications to the Software not made by CompTIA.

(b) Licensee Indemnification

(i) Licensee herby agrees to defend, indemnify, and hold harmless CompTIA, its parents, subsidiaries, affiliates, and their respective directors, officers, employees and agents from and against any and all third-party claims, suits, demands, causes of action, liabilities and expenses (including reasonable attorneys’ fees and costs of defense) that arise as a result of or in connection with: (i) damage or loss to persons or property when Services are performed at a location controlled by the Licensee, provided that such damage or loss is a result of Licensee’s negligence or willful misconduct; (ii) any claim that the use of the Services by Licensee infringes upon the rights of a third party, including the intellectual property rights of such party; and (v) any breach of its obligations contained in Section 5.
(ii) This indemnification provision does not apply to any government institutions.

12. ReleaseLicensee and its Authorized Users release and waive all claims against CompTIA, its parent, subsidiaries, affiliated companies, agents or content providers, and the directors, trustees, officers, shareholders, employees, agents and representatives of each of the foregoing (the “Provider Group”), from any and all claims, damages, liabilities, costs and expenses arising out of Licensee or its Authorized Users’ use of the Software and the Documentation.  California residents waive any rights they may have under § 1542 of the California Civil Code, which reads: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” Licensee and its Authorized Users agree to release unknown claims and waive all available rights under California Civil Code § 1542 or under any other statute or common law principle of similar effect. To the extent permitted by applicable law, this release covers all such claims regardless of the negligence of the Provider Group.

13. Miscellaneous

(a) Entire Agreement. This Agreement, including any document incorporated herein by reference, contains the entire understanding between the Parties regarding the subject matter hereof, supersedes all prior or contemporaneous understandings and agreements regarding the subject matter hereof. Any use of Licensee’s pre-printed forms, such as purchase orders, are for convenience only, and any terms and conditions therein that are in addition to, inconsistent with, or different than the terms of this Agreement (including the Exhibits hereto) shall be given no force or effect.

(b) Notices. All notices concerning this Agreement shall be given in writing, as follows: (i) by actual delivery of the notice into the hands of the Party entitled to receive it; (ii) by mailing such notice by registered or certified mail, return receipt requested; (iii) by email so long as receipt is confirmed by recipient; or (iv) by Federal Express, UPS, DHL or any other overnight carrier.  All notices that concern this engagement shall be addressed as set forth on the first page of this Agreement. Electronic notices to CompTIA shall be sent to [email protected].

(c) Force Majeure. In no event shall CompTIA be liable to Licensee for any failure or delay in performing its obligations under this Agreement, if and to the extent such failure or delay is caused by any circumstances beyond CompTIA’s reasonable control, including but not limited to acts of God, flood, fire, earthquake, explosion, war, terrorism, invasion, riot or other civil unrest, strikes, labor stoppages or slowdowns or other industrial disturbances, or passage of law or any action taken by a governmental or public authority, including imposing an embargo (a “Force Majeure Event”). In the event of any failure or delay caused by a Force Majeure Event, CompTIA shall give prompt written notice to Licensee stating the period of time the occurrence is expected to continue and use commercially reasonable efforts to end the failure or delay and minimize the effects of such Force Majeure Event.

(d) Relationship of the Parties. The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.

(e) Amendment and Modification; Waiver. From time to time, CompTIA may update or modify this Agreement, provided that: (a) the change and modification applies to all customers generally, and are not targeted to any particular customer or partner; (b) no such change will override or supersede Paragraph 10 (Limitation of Liability); (c) no such change or modification will materially reduce the security protections or overall functionality of the Software; and (d) any such change or modification will apply only prospectively, and will not apply to any breach or dispute that arose between the parties prior to the effective date of the change or modification. Unless otherwise noted by CompTIA, such amendment becomes effective ten (10) days after CompTIA provides notice to you of such amendment. CompTIA may provide such notice by posting an amended Agreement on https://comptia.org/legal/ and the links referenced therein. Changes required by any applicable laws will be effective immediately. Licensee’s continued use of the Software after the amendment takes effect may be relied upon by CompTIA as Licensee’s consent to the amendment. Except as stated in this Section 13(e), no modification of, amendment to, or waiver of any rights under the Agreement will be effective unless in writing and signed by an authorized signatory of each CompTIA and Licensee.

(f) Severability. If any term or provision of this Agreement is held to be invalid, illegal, or unenforceable in any jurisdiction, then such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

(g) Governing Law; Submission to Jurisdiction. This Agreement shall be construed in accordance with the laws of the State of Illinois, without reference to any conflicts of laws principles that would cause the application of the laws of any other jurisdiction.

(h) No Third-party Beneficiaries. This Agreement is for the sole benefit of the parties hereto and their respective permitted successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer on any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.

(i) Assignment. Licensee may not assign this Agreement without Company’s prior written consent.

(j) Export Regulation. The Software and Licensed Materials may be subject to US export control laws, including the US Export Administration Act and its associated regulations. Licensee shall not, directly or indirectly, export, re-export, or release the Software to, or make the Software accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. Licensee shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Software available outside the US.

(k) Counterparts; Electronic Execution and Delivery. The Parties may execute and/or transmit the Agreement (including the Exhibits) by electronic means, in one or more counterparts, which together shall be deemed to be one and the same original instrument.

Prior Versions:

  • Effective August 21, 2023
  • Effective September 25, 2023
  • Effective December 7, 2023

 

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Learning Products Data Retention Information

Unless otherwise agreed to with CompTIA, effective April 30, 2024, CompTIA shall delete the following types of records from the learning platform after approximately 7 years: user data, data related to classes, and institution data. Note this approach does not apply to CompTIA's certification exam data. Records related to learning products, courses, and content will be deleted from CompTIA's learning platform approximately 18 months following a course's retirement date. Notwithstanding, CompTIA may maintain de-identified and anonymized learning data for longer periods of time for analysis purposes.

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CompTIA Voucher Terms & Conditions

All CompTIA voucher purchases are final. Please make sure that you have selected the correct exam, correct testing center, correct country and the correct number of vouchers.

Voucher Terms and Conditions:

  • Voucher purchases may not be returned, refunded or exchanged.

  • Vouchers are non-transferable between CompTIA Test Service Providers.

  • You must register and take your exam prior to the voucher expiration date.

  • All vouchers, including any with free retakes, are valid for 12 months from the date of purchase unless otherwise noted.

  • Certification exam retirement dates supersede voucher expiration dates.

  • CompTIA may retire certifications and corresponding exams prior to voucher expiration dates.

  • Vouchers are exam series specific, and in some cases, exam code specific.

  • One voucher is applicable towards one exam (see free retake terms and conditions below).

  • Voucher expiration dates cannot be extended.

  • Vouchers are country and currency specific.

  • CompTIA and its authorized Test Service Providers are not responsible for lost or stolen vouchers.

  • CompTIA is not responsible for vouchers obtained through unauthorized resellers or by fraudulent means.

  • CompTIA will not replace or refund any voucher that is found to be fraudulent or previously used.

  • Vouchers cannot be redeemed for cash or credit.

  • Vouchers may not be resold.

  • View all CompTIA Voucher terms & conditions

Any vouchers that are purchased from an unauthorized seller, resold, or transferred in violation of these voucher terms and conditions may be voided by CompTIA at its sole discretion without refunds.

Scheduling Your Exam:

  • You will receive a confirmation email for your exam appointment time.

  • Please contact Pearson VUE immediately if your confirmation email is not received.

  • You must reschedule your exam a minimum of 24 hours prior to your appointment.

  • Rescheduling an exam less than 24 hours prior to your appointment or failure to appear for your appointment will result in the forfeiture of your exam fee.

Special Retake Vouchers:

  • You must first take and not pass the exam in order to activate the retake option.

  • If you do not take your exam, the voucher is voided and the retake option is forfeited.

  • Special retake vouchers are exam specific and cannot be redeemed for other versions of the same exam.

Exam Discounts, Vouchers and Promotional Codes

CompTIA recommends that vouchers be purchased directly through Pearson VUE, our online Marketplace at www.comptiastore.com or from a CompTIA Authorized Partner. Individuals who use any unauthorized discount or promotional code may have their exam results invalidated and/or risk up to and including a lifetime ban on all future exams and the nullification of all previous certifications. CompTIA will not replace any voucher that is found to be fraudulent or used.


Using CompTIA Trademarks

CompTIA and CompTIA's certification program names and logos are CompTIA’s registered trademarks. In order to help protect the integrity of our programs, CompTIA asks that those who make reference to our Marks (as defined below) adhere to the following guidelines: The foregoing limitations shall not apply to: (a) liability for infringement of a third party’s intellectual property rights; (b) claims arising from breach of confidentiality obligations; and (c) amounts due under this Agreement and any Work Order hereunder.

Trademark Usage and Style Guide for use on the Web and in Print Materials

The parameters for use of any CompTIA Marks are as follows:

  • Any CompTIA logo must be accurately shown in proportion and orientation. Distorting or rotating the logo is not permitted.
  • Any CompTIA logo must not be incorporated into any other mark or symbol. It may not be used as a border on or around any item.
  • You may not use a CompTIA logo as part of either your name or your company's name.
  • The name of any CompTIA certification must not be without the word "CompTIA". For example: CompTIA A+ certified, NOT A+ certified; CompTIA Network+ certification, NOT Network+ certification.
  • No CompTIA Logo or Trademark may be used as a domain name or as a part of a domain name.
  • You may not use CompTIA’s trademarks to promote any products or services not created by CompTIA.
 
DON'Ts
(Likely does not qualify as fair use)
DOs
(Likely qualifies as fair use)

DON’T make statements suggesting that you are affiliated with or endorsed by CompTIA or its products or services.

For example, DON’T say: “We are an authorized partner so CompTIA approves our training program.”

DO factually describe the origin of your product or service, or how it was developed.

For example, DO say: “The training materials used in this course are developed by CompTIA.”

“This training program is aligned with the objectives validated by CompTIA [certification name].”

DON’T name or promote your product using the Trademarks in a misleading way.

For example, DON’T name your training course: “CompTIA A+ Certification”

DO make true, accurate, and non-misleading statements for educational purposes. 

For example, DO say: “As an industry partner of CompTIA, we promote CompTIA developed resources and tools to our audience.”

DON’T make misleading or untrue statements with the Trademarks.

For example, DON’T say: “The complete CompTIA certifications bundle is on sale for only $69.”

DO factually describe how your product or services interact with CompTIA’s products or services.

For example, DO say: “We create our own training materials and courses to help students prepare for the CompTIA A+ certification.”

 

Who Can Use CompTIA Logos
How you use any CompTIA logo reflects both on our association and your organization. Only authorized users can use or display a CompTIA logo and your use is subject to these terms.

Who is an Authorized User?
To be considered an “authorized user” an individual or company must qualify under one or more of the following categories:

CompTIA Corporate Members - A company that has met the necessary qualifications to be recognized by CompTIA as a corporate member in good standing. Authorized users in this category may use the CompTIA corporate logo to indicate their corporate membership for business purposes. This includes company website, advertisements and letterhead.

CompTIA Certified Individuals - An individual who has satisfied one of CompTIA's certification test objectives that were in effect at the time that he or she was tested. Authorized users in this category may use the appropriate certified logo for personalized purposes. This includes business cards, correspondence, letterhead and resumes.

CompTIA Delivery Partners – CompTIA’s Delivery Partner Program is intended for professional training organizations that deliver training in CompTIA certifications. CompTIA Delivery Partners may use the appropriate delivery partner logo for business purposes, including website, advertisements, and letter head.

CompTIA Academic Partners – CompTIA’s Academic Partner Program is intended for schools, not-for-profits, job corps centers and correctional facilities. CompTIA Academic Partners may use the appropriate academic partner logo for business purposes, including website, advertisements, and letter head.

Terms of Use
The authorized user only may use the Marks with respect to the activities within the scope of its qualification as an authorized user that meet all of CompTIA’s applicable standards or requirements with respect to quality, service and method of operation, or otherwise only in the form and manner CompTIA prescribes in writing. If an authorized user becomes disqualified, they shall immediately cease using all Marks and Mark-bearing promotional materials. Thereafter, they shall no longer use in any manner whatsoever any of the Marks.

The authorized user must comply with all trademark, trade name and service mark notice marking requirements of CompTIA, including, without limitation, affixing “SM,” “TM,” or “®,” adjacent to all Marks in any and all uses thereof. The use of any additional words with any of the Marks must have CompTIA’s prior written consent. The authorized user shall promptly cease and desist use or publication of any such materials to which CompTIA shall from time to time object.

The authorized user acknowledges, and will not contest, CompTIA’s exclusive ownership of any of CompTIA’s trade names, service marks and trademarks, and all logos and derivations thereof, and all names and Marks licensed to CompTIA (“Marks”). In addition, the authorized user acknowledges that it lacks and will not acquire any right to use the Marks other than as specifically set forth in this Agreement. All uses of the Marks by the authorized user shall automatically inure to the benefit of and become the property of CompTIA. The authorized user shall not register any Mark or use any Mark in its legal or trade name. Further, the authorized user acknowledges, and will not contest, CompTIA’s exclusive ownership of the Marks or the Information, including, without limitation, all sales literature, certification and examination information and business processes.

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Modern Slavery Act Statement

Scope

This statement is made pursuant to Section 54 of the Modern Slavery Act 2015 (the Act) and sets out the steps which the Computing Technology Industry Association, Inc. (CompTIA) has taken during the financial year ending 31 December 2020 and has planned for 2021 to ensure that slavery and human trafficking is not taking place in any of its supply chains and in any part of its own business. This statement is made on behalf of CompTIA Inc.

Organisation’s structure and business

CompTIA is a leading trade association for the global information technology sector, covering an estimated 75 million industry and tech professionals who design, implement, manage and safeguard the technology that powers the world’s economy.

Through education, training, certifications, philanthropy and market research, CompTIA promotes industry growth; the development of a highly-skilled workforce and a commitment to creating an environment where innovation happens and the opportunities and benefits made possible through technology are available to all.

We are a vendor-neutral, independent source of information on a wide range of technology topics, including cybersecurity; education, training and certification of the global tech workforce; new and emerging technologies; legislation and policies affecting the industry and workforce data, development and trends.

Our membership and certification holders span the full range of technology companies from established Fortune 500 leaders to small and medium-sized tech businesses that help customers solve real business problems around the world; and emerging tech-service innovators that support the implementation and management of the latest technology solutions.

We routinely engage with individual technology professionals as the largest vendor-neutral credentialing program for technology workers. CompTIA has awarded more than 2.5 million certifications in areas such as cybersecurity, networking, cloud computing and technical support.

CompTIA also maintains a robust partner program around the world with thousands of academic institutions, not-for-profits, job corps centres and other organizations. Together we are educating, training and certifying new generations of technology workers.

Suppliers

CompTIA’s suppliers consist mainly of individual business partners (contracted directly) who support the delivery of training programmes and certification, for example, through hosting and e-book platforms as well as examination and testing centres. CompTIA does not use recruitment agents. It performs background checks on individual contractors prior to contracting.

CompTIA utilises Pearson VUE as its sole supplier of examination and testing centres. CompTIA notes the due diligence and risk assessment included in Pearson’s Modern Slavery Statement as a feature of its indirect supply chain.

Policies

CompTIA is committed to putting in place adequate policies and procedures to mitigate the risk of slavery or human trafficking in any part of our business or supply chain.

CompTIA operates in accordance with all applicable employment laws wherever it operates.

Whistleblowing

CompTIA operates a whistleblowing hotline to which concerns about modern slavery and human trafficking can be reported.

Due Diligence and risk management

CompTIA is integrating modern slavery diligence and risk management procedures into its approach to enterprise risk management. This includes:

  • modern slavery risk in business partner selection and onboarding;
  • contractual clauses in template services and business partner agreements;
  • modern slavery risk assessments in contract management and renewal processes;
  • key performance indicators to measure the effectiveness of the steps taken to mitigate the risk of modern slavery in our business and supply chain; and
  • facilitating access to whistleblowing mechanisms for modern slavery risk notification;

Training

CompTIA is working with an external service provider to develop and deliver modern slavery training to key personnel.

This statement was approved by the Board of Directors of CompTIA Inc.

Dated: August 2021

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CompTIA COPPA Statement

CompTIA uses a variety of applications and web-based tools to facilitate student learning. The use of these tools by students under the age of 13 years is governed by the Children’s Online Privacy Protection Act (COPPA), enacted in 1998, with amendments effective as of July 1, 2003.

COPPA’s intent is to safeguard a student’s personal information while accessing online services and websites designed for students under the age of 13 where personal information is collected.

This notice describes how CompTIA collects, uses, and discloses personal information from our students under the age of 13. For more information on how CompTIA collects, uses, and discloses information, generally, please visit CompTIA’s Privacy Policy at https://www.comptia.org/legal. For more information on COPPA, please visit the FTC’s Children’s Privacy page.

Parent/Guardian Consent

CompTIA requires a parent or legal guardian to consent to the collection, use, and disclosure of your child’s personal information. CompTIA will not collect, use, or disclose personal information of children under the age of 13 without the express consent of the child’s parent(s) or legal guardian(s) consent.

Notice to Parents/Guardians

CompTIA’s statement describes our processes for collecting, using, and disclosing the personal information of children under the age of 13. If you have any further questions about CompTIA’s policies or this statement, please email [email protected]

Notice to Children

If you are under the age of 13 and want to participate in a CompTIA program, class, or event, your parent or legal guardian must consent to your participation in the program, class, or event.

Reviewing Information, Revoking Consent, and Deleting Information.

If you would like to review any information about your child, please contact the program director of the program, class, or event your child participated in. If at any time you wish to revoke consent and/or have CompTIA remove your child’s personal information, please email [email protected].

Revoking Consent and Deleting Information

At any time, a parent or guardian may revoke consent and notify CompTIA to immediately remove your child’s information from its systems. To revoke consent, please email [email protected]

Information We Collect

The personally identifiable information that CompTIA collects about its students includes first name, last name, email address (if available), and participating school or cohort.

How We Use the Information

CompTIA uses your child’s information to register them for online training courses and to ensure appropriate content and safety for all students. Staff uses this information for educational purposes and to send parents, guardians, and students’ information about the courses.

CompTIA does not share or distribute any personally identifiable information about participants or their families with external organizations.

April 11, 2023
Effective Date: April 11, 2023

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