Terms & Conditions

 

CompTIA Spark Website Terms of Use

The provisions set forth below (the “Agreement”), with minor exceptions, state the terms and conditions that govern your use of the websites located at www.comptiaspark.org and www.techgirlz.org (the “Website(s)”) and the services and materials offered thereon (the “Services and Materials”) by CompTIA Spark and any subdivisions or affiliates, including but not limited to TechGirlz.

PLEASE READ THIS AGREEMENT CAREFULLY. BY USING THIS WEBSITE, YOU 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 Website(s) immediately.

1. Copyright. Unless otherwise indicated, the copyright in the content of the Website(s), including the screens displayed on the Website(s), is owned by CompTIA Spark. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any portion of the Website(s), including but not limited to the code and software underlying the Websites.

2. Warning. CompTIA Spark may, in its sole discretion, modify or discontinue the information and materials contained in the Website(s) (including the terms, conditions, and descriptions that appear herein) and any other aspect of the Website(s) at any time without prior notice and without liability. Services and products offered on the Website(s) are not necessarily available in all geographic areas. Your eligibility to obtain particular services and products is subject to the final determination of CompTIA Spark.

3. Purpose of Website. The information contained in the Website(s) is for informational purposes only. Such information is not intended to replace and should not be interpreted or relied upon as professional advice from CompTIA Spark, whether legal or otherwise. Accordingly, please consult with your own professional experts for all advice concerning legal matters, human resource matters, and the like that may be discussed on the Website(s).

4. Usage. The Website(s) is accessible to you through a computer or other access device. Its content may include information, editorial content, chat rooms, and links to other websites. You are responsible for all charges associated with accessing the Website(e).

5. Access to Certain Portions of the Website. Access to certain portions of the Website(s) is limited to registered users of CompTIA Spark’s products. To become eligible to access any such portions of the Website(s), you may be required to give CompTIA Spark certain information. You agree to provide true, accurate, and complete information and to update this information when it changes. If you provide any information that is untrue, inaccurate, outdated, incomplete, or misleading, or if CompTIA Spark suspects that you have provided any untrue, inaccurate, outdated, incomplete, or misleading information, CompTIA Spark may, in its sole discretion, suspend or terminate your website account. If CompTIA Spark assigns you a user ID and/or password to enable you to access restricted portions of the Website(s), you are solely responsible for maintaining the confidentiality of your ID, password, and other account information. You will be responsible for all usages of the Website(s) made with your user ID and or password. You agree that you will notify CompTIA Spark 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 from the Website(s) immediately when you are finished using it to prevent fraud by unauthorized persons.

6. Restrictions on Usage. As a condition to your right to use the Website(s), you will not: (a) engage in any activity that disables the Website(s) or otherwise impedes its operation or limits its availability to others; (b) alter in any way the content of the Website(s); (c) use the Website(s) 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 Spark in its sole discretion; (d) use the Website(s) 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; (e) use the Website(s) to transmit any virus, bot, worm, Trojan horse, or any other harmful software; (f) use the Website(s) to post or disseminate any communication that encourages or assists any other person to engage in illegal activities; (g) utilize the Website(s) or any information contained in the Website(s) to assist in any way with the transmission of unsolicited email messages to any other person; (h) impersonate any other person or entity or misrepresent any fact about yourself; (i) distribute, transfer, or disseminate any information derived from the Website(s) through or onto a searchable, machine-readable database; (j) use the Website to collect information about other users of the Website; or (k) attempt to use the Website(s) to gain unauthorized access to other computer systems or networks connected to the Website.

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

8. No Warranties. THE INFORMATION AND MATERIALS CONTAINED IN THIS WEBSITE(S), INCLUDING TEXT, GRAPHICS, LINKS, AND OTHER ITEMS ARE PROVIDED ON AN “AS IS” BASIS. COMPTIA SPARK DOES NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION AND MATERIALS. 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 INFORMATION AND MATERIALS.

9. Limitation of Liability. IN NO EVENT WILL COMPTIA SPARK BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, LOSSES, OR EXPENSES ARISING IN CONNECTION WITH THE USE OF THIS WEBSITE(S) 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 SPARK OR REPRESENTATIVES THEREOF ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. COMPTIA SPARK SHALL NOT BE LIABLE FOR ANY CONSEQUENCES OF YOUR RELIANCE ON ANY ADVICE, OPINIONS, STATEMENTS, OR RECOMMENDATIONS THAT APPEAR ON OR ARE DISSEMINATED THROUGH THIS WEBSITE(S). ANY SUCH RELIANCE IS AT YOUR OWN RISK. COMPTIA SPARK SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE WEBSITE(S). 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.

10. Acknowledgment of Warranty Disclaimers. You acknowledge and agree that CompTIA Spark would not have made this Website(s) available to you without the warranty disclaimers and the limitations on liability and remedy that appear in this Agreement.

11. Indemnification. You agree to defend, indemnify, and hold harmless CompTIA Spark, 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 Website(s); (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 Spark arising from or related to your access and use of the Website(s), including the information obtained through the Website(s).

12. Termination. CompTIA Spark, 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 Website(s), and may delete and discard any information that you have published, sent or received on or via the Website(s).

13. Trademarks. No CompTIA trademarks or trademarks owned by any other person that appear on this Website(s) may be copied, downloaded, or otherwise utilized without the express written consent of the owner of such trademark. *TechGirlz partners are preauthorized to use the CompTIA Spark logo via the Partner Communications Toolkit.

14. Minors. If you permit any minor child to use the Website(s), 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 Website(s); and (iii) any consequences of such usage.

15. Child Online Protection Act Notification. Pursuant to 47 U.S.C. Section 230(d), as amended, CompTIA Spark 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

16. Infringement Policy. CompTIA Spark, pursuant to 17 U.S.C. Section 512, as amended, reserves the right but not the obligation to terminate your right to use the Website(s) if CompTIA Spark determines, in its sole and absolute discretion, that you are involved in an activity that infringes the intellectual property of others. CompTIA Spark seeks to accommodate, and not interfere with, standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), CompTIA Spark has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the law. All claims of infringement must be submitted to CompTIA Spark 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:

3500 Lacey Road, Suite 100
Downers Grove, IL 60151
(630) 678-8300

To submit any such complaint by e-mail, please use the following addresses: [email protected] with a copy to [email protected] for TechGirlz related items. .
Any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other property right must include the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of: (i) the owner of the proprietary right that is allegedly infringed; or (ii) the person defamed.
  2. An identification of the work claimed to have been infringed.
  3. An identification of the material that the claimant alleges is infringing, along with information that enables CompTIA Spark to locate such material.
  4. Information that enables CompTIA Spark to contact you.
  5. A statement that you believe in good faith that the activity in question is an infringement and violates the law.
  6. A statement under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed or that you are authorized to act on behalf of the person allegedly being defamed.

17. Public Information. If you post any content in any form on the Website(s), or disseminate any such information through the Website(s), you will be deemed to have relinquished any intellectual property rights in such content. Such content will be deemed to be public information. CompTIA Spark may use any such content for any purpose.

18. Modification. CompTIA Spark reserves the right, in its sole discretion, to amend this Agreement in any way at any time. Any such amendment shall become effective when it is posted on the Website(s). Your continued use of the Website(s) will constitute your binding acceptance of any such amendment.

19. Limit on Exportation. Unless otherwise specified, this Website is intended solely for use in the United States of America. CompTIA Spark operates Website(s) from both its offices in the State of Illinois and other locations within United States of America. CompTIA Spark makes no representation that the materials on the Website(s) are appropriate or available for use outside of the United States. Those who choose to access the Website(s) from outside of the United States do so with this understanding and are responsible for compliance with local laws. Software on the Website(s) is subject to United States export controls. No software from the Website(s) may be downloaded or otherwise exported: (i) into or to a national resident of Cuba, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods, or (ii) to anyone on the U.S. Treasury Department List of Specifically Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Website(s), you represent and warrant that you are not located in, under the control of, or a national or resident of any such restricted country or on any such associated list.

20. Governing Law and Choice of Forum. 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. All disputes relating to this Website(s), this Agreement, or your use of the Website(s) shall be subject to the exclusive jurisdiction and venue of the state and federal courts located in the State of Illinois, USA.

21. 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 Spark.

22. 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.

23. 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.

24. 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.

 

     

Family Educational Rights and Privacy Act (“FERPA”) Notice for CompTIA Spark Participants

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

Education Records

Creating IT Future dba CompTIA Spark maintains basic participant records that describe and document their work and progress. These education records often include permanent and local addresses, courses and workshops taken, reports and evaluations, and other correspondence with or concerning the participant.

Right of Access

For maximum utility, participant records must be accurate and complete. These rights below apply to the participant or the participant’s parent or legal guardian. CompTIA Spark participants may request access to their own education records and may rectify and add to them for additional clarification. CompTIA Spark participants can request access to their records by contacting [email protected]. CompTIA Spark participants may submit a written request identifying the specific record or records he/she wishes to inspect. CompTIA Spark will provide a response within 45 days of receiving the request. When a record contains information about more than one student, the requesting CompTIA Spark participant may only inspect and review the portion of the record relating to him or her. CompTIA Spark participants 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.

CompTIA Spark participants 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 Participant Rights under FERPA

Pursuant to both CompTIA Spark policy and FERPA, CompTIA Spark participants and former participants have the right to:

  • be fully informed of their rights under FERPA.
  • inspect and review aspects of their education records that CompTIA Spark 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 Spark has not complied with FERPA’s requirements. Such complaints may be submitted to the US Department of Education, Participant Privacy Policy Office, 400 Maryland Avenue, S.W., Washington, DC 20202-8520, in writing within 180 days.

Directory Information

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

CompTIA Spark does not typically disclose participant directory information. However, a CompTIA Spark participant may inform CompTIA Spark if they wish to prevent disclosure of their directory information, which is known as putting in place a “FERPA Block.” To do so, a CompTIA Spark participant must inform CompTIA Spark of their decision in writing within 15 days of the course start date. CompTIA Spark participants 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. CompTIA Spark participants who have previously placed a FERPA Block on their directory information may reverse this decision by writing CompTIA Spark.

Other Disclosures permitted under FERPA

In addition to allowing directory information disclosures, as set forth above, FERPA permits disclosure of educational records without a participant’s knowledge or consent under certain circumstances. Disclosure, for example, is permitted to CompTIA Spark 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. “CompTIA Spark officials” may include faculty; administrators; clerical employees; professional employees; and/or independent contractors performing functions for CompTIA Spark. A participant’s education record also may be shared with parties outside of CompTIA Spark under certain conditions, including, for example, in situations involving a health and safety emergency. In addition, CompTIA Spark may forward a participant’s education records to other agencies or institutions that have requested the records and in which the participant seeks or intends to enroll or is already enrolled so long as the disclosure is for purposes related to the participant’s enrollment for educational purposes.

If CompTIA Spark determines that a participant 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 participant’s name, the violation committed, and the sanction imposed.

*FERPA does not apply to TechGirlz students as this division of CompTIA is not an educational agency or institution that receives funds from the U.S. Department of Education. Please direct any questions or concerns to [email protected].

 

CompTIA Spark COPPA Statement

Creating IT Futures dba CompTIA Spark uses a variety of applications and web-based tools to facilitate participant learning. The use of these tools by participants 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 participant’s personal information while accessing online services and websites designed for participants under the age of 13 where personal information is collected.

This notice describes how CompTIA Spark collects, uses, and discloses personal information from our participants under the age of 13. For more information on how CompTIA Spark 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 Spark requires a parent or legal guardian to consent to the collection, use, and disclosure of your child’s personal information. CompTIA Spark 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 Spark’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].org

Notice to Children

If you are under the age of 13 and want to participate in a CompTIA Spark 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 Spark 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 Spark 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 Spark collects about its participants includes first name, last name, email address (if available), grade level, participating school or cohort (including type of institution), related parental information for obtaining informed consent, among other related data types. 

How We Use the Information

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

CompTIA Spark only shares or distributes personally identifiable information about participants or their families with partners and affiliates for the administration of programming and content. Please direct questions to [email protected] and [email protected] for more information about the specific program(s) in which your child has enrolled.

 

 

Using CompTIA Trademarks

CompTIA Spark is an affiliate of CompTIA and all trademarks are subject to CompTIA's trademark policy. Please visit CompTIA’s legal page for more information.