Effective: November 12, 2020
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION AND THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE LAWSUIT OR ARBITRATION.
CTIA Certification reserves the right to change the terms and conditions of these TOU from time to time as we deem appropriate. Such changes, modifications, additions, or deletions shall be effective immediately upon posting to this Website unless otherwise indicated. You are responsible for regularly reviewing these terms and conditions. Your continued use of this Website after changes are posted constitutes your acceptance of the most recent version of these TOU. CTIA Certification may change, restrict access to, suspend, or discontinue this Website (or any portion of this Website) at any time.
Use of this Website
You represent and warrant to CTIA Certification that you will not use this Website (i) for any unlawful purpose; (ii) in any manner prohibited by these TOU; and (iii) in any manner which could damage, disable, overburden, or impair this Website or interfere with any other party’s use and enjoyment of this Website.
You agree that when using this Website, you will not:
- Violate any applicable laws or regulations;
- Submit information that contains material protected by intellectual property laws, including without limitation material protected by patent, copyright, trademark, trade secrets, or by rights of privacy of publicity unless you own or control the rights thereto or have received all necessary consents;
- Send, distribute, or disseminate any inappropriate, threatening, abusive, profane, defamatory, infringing, obscene, indecent, otherwise objectionable materials, or any materials which encourage conduct that would constitute a criminal offense, give rise to civil liability, violate any law, or contain any advertising or any solicitation with respect to products or services;
- Upload viruses, corrupted files, or any other software or information that may damage the operation of another’s computer or network;
- Reproduce, re-transmit, or re-present in any form, in whole or in part, any content, programming code, images, or graphics without express written permission of CTIA Certification;
- Frame, squeeze back, overlay, or employ other techniques to enclose or display this Website, or any trademark, logo, content, or other proprietary information (including images, text, page layout, or form) included on this Website, with any other software or content of a third-party;
- Download or print copies of this Website content for commercial use;
- Use any meta tags or any other “hidden text” utilizing the names or trademarks of CTIA Certification;
- Access, monitor, or copy any content or information of this Website using any “robot,” “spider,” “deep link,” “scraper,” or other automated means, methodology, algorithm, device, or any manual process for any purpose; or
- Otherwise violate any CTIA Certification policies or guidelines.
This Website and the compilation of the content displayed herein including all software, data, and information used to provide this Website, including text and images, method of display, presentation, source code, embedded routines, programs, other materials, and all copyrights, trademarks, patents, and other intellectual property rights therein or thereto, are owned by and are proprietary to CTIA Certification, its affiliate and licensees and are protected by the copyright laws of the United States and other countries. Nothing in these TOU or its performance shall grant you any right, title, interest, or license in or to the CTIA Certification names, logos, logotypes, trade dress, designs, or other trademarks.
CTIA Certification does not claim ownership of the individual materials or information you may provide to CTIA Certification, including without limitation feedback, suggestions, inputs, or submissions (collectively, a “Submission”) to this Website. However, if you provide a Submission, you represent and warrant that you own or otherwise control all of the rights to your Submission including, without limitation, all the rights necessary for you to provide, input, or submit the Submission and license or sublicense the Submission; and grant CTIA Certification, its affiliated entities, and necessary sublicensees a nonexclusive, irrevocable, worldwide, sublicensable, transferable, perpetual, unlimited, assignable, fully paid up, and royalty-free right to copy, display, edit, publish, prepare derivative works of, distribute, process, analyze, use, and commercialize, in any way now known or in the future discovered, such Submissions (or any content or materials contained therein), including without limitation the rights to publish your name in connection with your Submission.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from this Website, without the prior written permission of CTIA Certification. Except as expressly authorized in these TOU, you may not modify, distribute, reproduce, display, or use this Website or any elements thereof. All rights not expressly granted to you by us in these TOU are reserved to CTIA Certification and you acknowledge that you do not acquire any ownership rights by accessing or downloading copyrighted material from this Website.
CTIA Certification respects the rights of all copyright holders and in this regard, we have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of users of this Website who infringe on the rights of copyright holders. If you believe in good-faith that anything on this Website infringes any copyright that you own or control, you may file a written notification of alleged copyright infringement with our designated agent that contains the following, as required by the United States Digital Millennium Copyright Act, 17 U.S.C. Section 512:
- Identification of the copyrighted work claimed to have been infringed;
- Evidence of ownership of the copyrighted work claimed to have been infringed;
- Identification of the material(s) claimed to be the subject of infringing activity and information reasonably sufficient to permit CTIA Certification to locate the material(s);
- Information reasonably sufficient to permit CTIA Certification to contact the requesting party, such as name, physical address, telephone number, and email address;
- A physical or electronic signature of the owner (or owner’s authorized representative) of the copyrighted work claimed to have been infringed;
- A statement that the requestor has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate; and
- A statement that under penalty of perjury, the requestor is authorized to act on behalf of the owner.
Notifications may be sent to our designated Copyright Agent at email@example.com.
If you would prefer to mail your notification to our designated agent, you may use the following address:
Attn: Copyright Agent – Legal Department
CTIA Certification LLC
1400 16th Street NW
Washington, DC 20036
Links to Third-Party Websites
This Website may contain links to third-party websites. Third-party websites are not under the control of CTIA Certification and we are not responsible for the contents of any third-party website. The inclusion of any link in this Website to a third-party website is as a convenience and does not imply endorsement by CTIA Certification of the third-party sites or any association or relationship with its operators. Your use of any third-party website and any purchases of products or services from such third-party websites are subject to the terms and conditions of the third-party website. You agree that you will bring no suit or claim against CTIA Certification arising from or based upon any such use of third-party websites, including, without limitation, websites that we link to from this Website.
You agree not to submit any content to this Website or commit any act involving the transfer of information relating to any content in violation of applicable import/export control, espionage, or national security laws.
The information, software, products, and services included in or available through this Website may include inaccuracies or typographical errors. CTIA Certification may make improvements or changes to this Website at any time. Advice received via this Website should not be relied upon for personal, medical, legal, or financial decisions, and you should consult an appropriate professional for specific advice.
You agree to indemnify CTIA Certification from and against any and all liabilities, expenses (including without limitation attorneys’ fees), and damages arising out of claims based upon your use of this Website, including without limitation any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other members, the infringement of intellectual property rights, or other rights. CTIA Certification will notify you of any claim for which CTIA Certification seeks indemnification and will afford you the opportunity to participate in the defense of such claim, provided that your participation will not be conducted in a manner prejudicial to CTIA Certification’s interests, as reasonably determined by CTIA Certification, in its sole discretion.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE, OR ANY OF THE CONTENT YOU ACCESS ON OR THROUGH THIS WEBSITE, IS AT YOUR SOLE RISK. THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, TITLE, AND NON-INFRINGEMENT). NEITHER CTIA CERTIFICATION NOR ANY PERSON ASSOCIATED WITH CTIA CERTIFICATION (INCLUDING ITS MEMBERS) MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THIS WEBSITE. ANY MATERIAL VIEWED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH OR DERIVED FROM THE USE OF THIS WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, OR ANY LOSS OF DATA, THAT RESULTS FROM THE DOWNLOAD OR VIEWING OF ANY SUCH MATERIAL.
WITHOUT LIMITING THE FOREGOING, CTIA CERTIFICATION DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THIS WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THIS WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, CTIA CERTIFICATION, INCLUDING ITS DIRECTORS, OFFICERS, MEMBERS, AND ASSIGNS WILL NOT BE LIABLE IN CONNECTION WITH THESE TOU OR YOUR USE OF THIS WEBSITE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF CTIA CERTIFICATION HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.
The information that is downloaded from this Website for or on behalf of the Government of the United States of America and/or its agencies (“US Government”) is provided with Restricted Rights. Use, duplication, or disclosure by the US Government is subject to the restrictions set forth in DFARS 252.227-7013 and FAR 52.227-14 and 48 CFR 52.227-19, as applicable.
These TOU are governed by the laws of the District of Columbia, USA. You hereby consent to the exclusive jurisdiction and venue of courts in the District of Columbia in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
If you have any questions regarding these TOU or this Website, please contact firstname.lastname@example.org.