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TERMS AND CONDITIONS OF USE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. By using this site, you signify your agreement to these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use this site. It is further understood that Certification Partners may modify these Terms and Conditions at any time.
If you download software from the site, the software, including all files and images, contained in or generated by the software, and accompanying data (together referred to as "Software") are deemed to be licensed to you by Certification Partners, for your personal use only. Certification Partners does not transfer either the title or the intellectual property rights to the Software and Certification Partners retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute or reproduce the Software, nor may you decompile, reverse engineer, disassemble or otherwise convert the Software to a human-perceivable form. "Select Partner" and "Test Portal" are registered trademarks or trademarks of Certification Partners. All trademarks, service marks, and logos displayed on this site (including "Select Partner" and "Test Portal" and collectively called "the Trademarks") are registered or unregistered trademarks of Certification Partners, its affiliates, or third parties. Nothing in this site should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks without our express written permission or the express written permission of the applicable third party. Except as expressly provided in these Terms and Conditions, any use of the Trademarks is expressly prohibited.
This site and all the materials available on the site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The site is provided solely for your personal noncommercial use. You may not use the site or the materials available on the site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms and Conditions or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by e-mail or other electronic means) any material from the site.
This site is controlled and operated by Certification Partners from its offices within the Commonwealth of Virginia, United States of America. Certification Partners makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations within the U.S. or Canada do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is subject to U.S. export controls. No software from this site may be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department's list of Specially Designated National or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, 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.
Disclaimers and Limitation of Liability
Certification Partners may change, move or delete portions of, or may add to, this website from time to time.
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. CERTIFICATION PARTNERS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT OR OTHER MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
TO THE FULLEST EXTENT PERMISSABLE PURSUANT TO APPLICABLE LAW, CERTIFICATION PARTNERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CERTIFICATION PARTNERS DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED ON THIS SITE. CERTIFICATION PARTNERS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AVAILABLE ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MATERIALS, THIS SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT CERTIFICATION PARTNERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND CORRECTION.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CERTIFICATION PARTNERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR ANY DOWNLOADED MATERIALS, EVEN IF CERTIFICATION PARTNERS OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CERTIFICATION PARTNERS' TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR OTHERWISE) EXCEED THE AMOUNT YOU PAID TO CERTIFICATION PARTNERS, IF ANY, FOR PRODUCTS PURCHASED ON THIS SITE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE ABOVE LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Links to Other Websites
Certification Partners makes no representation whatsoever regarding the content of any other websites which you may access from this site. When you access a non-Certification Partners website, please understand that it is independent from Certification Partners and that Certification Partners has no control over the content on that website. A link to a non-Certification Partners website does not mean that Certification Partners endorses or accepts any responsibility for the content or use of such website.
Should any viewer of a document on this website respond to Certification Partners with information including feedback data, such as questions, comments, suggestions, or the like regarding the site, or the content of any item, such information shall be deemed to be non-confidential and Certification Partners shall have no obligation of any kind with respect to such information. In addition, Certification Partners shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works, and distribute the information to others without limitation, and to authorize others to do the same. Further, Certification Partners shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and other items incorporating such information. This paragraph is not intended to apply to any personal information about you (such as name, mailing address and e-mail address), the use of which will be governed by the Certification Partners Privacy Statement.
In consideration of Certification Partners's continuing efforts to enhance and improve these products and to respond to feedback from users, you agree to transfer such ideas, concepts, know-how and techniques to Certification Partners without any compensation. You agree to execute any and all documents that Certification Partners may reasonably request in connection with confirming Certification Partners' ownership of and unlimited right to use such ideas, concepts, know-how and techniques.
You are solely responsible for the content of any comments you make. You agree that no comments submitted by you to this website will: (i) violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights; (ii) be or contain libelous or otherwise unlawful, abusive, or obscene material or constitute the misappropriation of the trade secrets of any third party; and (iii) disparage the products or services of any third party. You agree not to submit any personal information (other than your e-mail address or user name) through e-mail sent to other users or messages posted on this site by you.
Certification Partners owns, protects and enforces copyrights in its own creative material and respects the copyright properties of others. Materials may be made available on the site, or via the site, by third parties not within the control of Certification Partners. It is our policy not to permit materials known by us to be infringing to remain on this site. You should notify us promptly if you believe any materials on this site infringe a third party copyright. Upon our receipt of a proper notice of claimed infringement under the Digital Millennium Copyright Act ("DMCA"), Certification Partners will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted in writing to the Certification Partners Legal Department:
Certification Partners, LLC
1230 W Washington Street, Suite 201
Tempe, AZ 85281-1247
FAX: (602) 275-1603
This Agreement is effective unless and until terminated by either you or Certification Partners. You may terminate this Agreement at any time. Certification Partners may terminate this Agreement at any time and without notice, and accordingly deny you access to this website, in Certification Partners's sole discretion for any reason, including your failure to comply with any term or provision of this Agreement.
These Terms and Conditions of Use contain the entire agreement between you and Certification Partners regarding the use of this site and the information contained on this site. You agree that these Terms and Conditions of Use take effect on your first use of this site, and that they apply to all persons accessing the site from your computer. You agree to regularly review these Terms and Conditions of Use for changes and agree to those changes by continuing to this site. These Terms and Conditions of Use may only be amended as described above, or by a writing signed by you and an authorized official of Certification Partners. Unless otherwise explicitly stated, the provisions contained herein will survive termination of your access to and use of this site and the information contained on this site. These terms and conditions shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to the choice of law provisions thereof. Any dispute or claim arising out of, or in connection with, these terms and conditions shall be finally settled by binding arbitration in Tempe Arizona, in accordance with the then-current rules and procedures of the American Arbitration Association by one (1) arbitrator appointed by the American Arbitration Association. The arbitrator shall apply the law of the State of Arizona, without reference to rules of conflict of law or statutory rules of arbitration, to the merits of any dispute or claim. Judgment on the award rendered by the arbitrator may be confirmed, reduced to judgment and entered in any court of competent jurisdiction. The parties agree that, any provision of applicable law notwithstanding, they will not request, and the arbitrator shall have no authority to award, punitive or exemplary damages against any party. In the event that any arbitration, action or proceeding is brought in connection with these terms and conditions, the prevailing party shall be entitled to recover its costs and reasonable attorneys' fees