Terms of Use



Candidate ID Agreement
Acceptance of Terms

By accessing or using any of the functionality (the "Services") available on the website owned or operated by the Board of Certification, Inc. (BOC), you agree to accept and comply with the terms, conditions and notices stated herein or as may be modified by the BOC from time-to-time with or without specific notice to you (the "Terms of Use"). These Terms of Use constitute a binding contract between the BOC and you. You are responsible for regularly reviewing the Terms of Use. You can review the most current version of the Terms of Use at any time by visiting the BOC website at www.bocatc.org. If you do not wish to be bound by these Terms of Use, please do not access or use any content or functionality accessible on the BOC website or immediately discontinue such use.

Use of Personal Data

To complete the application for the BOC exam, you will be required to provide the BOC with some personal information including contact information and information about your qualifications for certification. Please see the BOC's privacy policy for details regarding the protection and use of this data.

As part of the application and exam process, the BOC may allow access to database information by third parties that provide technical services, but only to the extent necessary to provide you with those services.

Content of Website/License Grant

The site and all of its contents including, but not limited to, all information, text and images located on the BOC website (collectively, "Content") is owned by the BOC, and all rights are reserved to the BOC unless otherwise noted. The BOC grants you a limited license to access and use the Services and Content accessible at the BOC website solely for informational, personal and non-commercial purposes. All Content provided through the BOC website is provided to you AS IS, and you agree that your use of and reliance on any Services or Content is at your own risk and that, under no circumstances, shall the BOC be liable for any losses of any kind suffered by you that may be proximately caused by your use of the Services or Content accessible at the BOC website.

Use of Website

Unless specified otherwise, the BOC offers you access to the BOC website solely for your personal and non-commercial uses. You agree to only access or use the BOC website for legal purposes that are permitted by these Terms of Use.

Registration and Security

When you register, you must select a password and a user name. You are responsible for maintaining the confidentiality of your password and user name. You should notify the BOC as soon as possible by email (staff@bocatc.org) about any known or suspected use of your account or of any known or suspected breach of security. The BOC is not liable for the unauthorized use of your account or for any loss or damage arising in particular from the non-compliance with the security measures mentioned in this section.

You agree that the BOC may, in its sole discretion and at any time, terminate your access to and use of the BOC website, or any part thereof, with or without notice to you. You further agree that use of the BOC website and any of its Services shall be immediately terminated if you violate these Terms of Use. In addition, the BOC reserves the right, in its sole discretion, to modify or discontinue the Services or access to Content, or any portion thereof, with or without notice, and without liability to you.

General Terms

Applicable Law

The Terms of Use are governed by the laws of the State of Nebraska, U.S.A. without regard to conflicts of law principles.

You agree that no joint venture, partnership, employment or agency relationship exists between you and the BOC as a result of the Terms of Use or as a result of your accessing or using the BOC website, Services or Content. The BOC's performance under the Terms of Use is subject to existing laws and legal process, and nothing contained in the Terms of Use is in derogation of the BOC's right to comply with governmental, court and law enforcement requests or requirements relating to your access or use of the BOC website or information provided to or gathered by the BOC with respect to such use.

Severability/Entire Agreement

If any part of the Terms of Use, including, but not limited to, the warranty disclaimers and liability limitations contained herein, is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. Unless otherwise specified herein (or in any other definitive written agreement between you and the BOC), the Terms of Use constitute the entire agreement between you and the BOC with respect to your access to and use of the Services and Content available on the BOC website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the BOC with respect to the BOC website.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF AND RELIANCE UPON ANY AND ALL OF THE BOC WEBSITE, SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE BOC MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS OR TIMELINESS OF THE BOC WEBSITE, SERVICES AND/OR CONTENT. THE BOC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Indemnification of the BOC by User

YOU AGREE TO INDEMNIFY THE BOC AND HOLD THE BOC AND BOC DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES AND LITIGATION EXPENSES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF ANY CONTENT, SUBMITTED, POSTED OR OTHERWISE PROVIDED BY YOU TO THE BOC WEBSITE AND/OR THE BOC, OR ANY BREACH BY YOU, THE BOC OR BOC EMPLOYEES, AGENTS AND REPRESENTATIVES OF THESE TERMS OF USE.

Limitation of Liability

IN NO EVENT SHALL THE BOC OR BOC DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE BOC WEBSITE, WITH THE DELAY OR INABILITY TO ACCESS OR USE THE BOC WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH THE BOC WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE BOC WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE BOC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE BOC WEBSITE, AND ALL OTHER USE OF THE BOC WEBSITE, ARE ALL MADE AVAILABLE OR ARE ALL OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE BOC WEBSITE OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BOC WEBSITE.

Copyright

All materials on the BOC website (as well as the organization and layout of the BOC website) are owned and copyrighted or licensed by the BOC, Copyright © 2007-2008, all rights reserved. No reproduction, distribution or transmission of the copyrighted materials on the BOC website is permitted without the written permission of the BOC. Any rights not expressly granted herein are reserved by the BOC.


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