Personal Information: During the exam application and record maintenance, IDEP, CE tracking, exam registration, publication ordering and other services and products processes offered by NCIDQ, NCIDQ gathers personal information regarding Certificate holders, potential Certificate holders, Web site users, and other individuals who are interested in NCIDQ's services and products (hereinafter collectively referred to herein as "Customers"). "Personal Information" includes any factual or subjective information, that identifies the Customer as a specific individual (for example: name, address, telephone number, email address, education, work experience, exam passing dates, order history, and any other information that would allow someone to identify or contact the Customer). Personal information also includes information about a Customer’s personal preferences, survey or application responses and the Customer’s transactions or relationship with NCIDQ, if the Customer has been a user of the Web site or has provided this type of information to NCIDQ or its affiliates.
Use of Personal Information: NCIDQ uses the demographic and professional information collected by NCIDQ for aggregate analysis, to personalize NCIDQ's records for better service and to create targeted postal and email mailing lists and to protect the public by allowing Web site users to search for active Certificate holders.
In addition to the primary purpose stated or implied at the time the information is collected, NCIDQ uses postal and e-mail addresses to confirm orders, follow up on a request, etc., as the context determines, and to send Customers information about NCIDQ programs or products, surveys, etc. With approval of the Board of Directors, NCIDQ may also make its postal or e-mail addresses available to allied not-for-profit organizations, non-Member Boards governing interior designers or to companies offering NCIDQ Customers benefits.
NCIDQ may use the information it obtains from its Customers, including personal information, to tailor their experience on the Web site, to display content that may be of interest to the Customer, or to let NCIDQ customize what the Customer sees when he/she visits the Web site according to the Customer’s preferences. NCIDQ will use the personal information Customers provide online only for the purpose(s) they have submitted. Examples of using personal information for the purpose(s) submitted include sending the Customer an email about updates to the Web site or about an upcoming event if the Customer has signed up for updates. NCIDQ also may conduct an occasional survey of its registered users to see how the Web site can better serve its Customers. In addition, NCIDQ may send Customers an e-mail offering products or services that Customers may be interested in. Finally, NCIDQ may share its Customers’ information with organizations that are affiliated with or related to NCIDQ, its affiliates in connection with the provision of their respective information, products, materials and services or for marketing and/or administrative purposes. If a Customer wants NCIDQ to stop using the personal information he/she provided in these ways, he or she should contact NCIDQ at firstname.lastname@example.org.
NCIDQ may collect certain non-personally identifiable information (i.e., generic information that does not identify a Customer personally) when Customers visit the NCIDQ Web site, such as the type of browser a Customer is using (e.g., Netscape, Internet Explorer), the type of operating system a Customer is using (e.g., Windows 2000 or Mac OS), and the domain name of a Customer’s Internet service provider (e.g., America Online or Earthlink). NCIDQ also may collect personal information about a Customer when he/she visits the Web site and inputs information, whether the Customer is registering to use any services, features or functions of the Web site, or otherwise in the course of any other exchanges of information, transactions and activities.
Release of Personal Information: NCIDQ shall endeavor at all times to maintain a candidate's personally identifying information as confidential. NCIDQ shall hold candidate scores in confidence, available only to the candidate and to persons or organizations approved in writing by candidate. NCIDQ shall maintain in confidence all biographical data such as sex, grade or education level attained, date of birth, race/ethnic group, or years of experience on the answer sheet for examinations; provided, however, NCIDQ may publish aggregated, non-identifying information based on such data.
NCIDQ is committed to protecting its Customers’ privacy. NCIDQ maintains reasonable physical, electronic, and procedural safeguards to guard its Customers’ personal information and while no data transmission over the Internet is 100% secure from intrusion, NCIDQ has used and will continue to use reasonable efforts to ensure the protection of its Customers’ personal information.
NCIDQ allows active Certificate holders to make public certain information in their MyNCIDQ account to display in the QSearch feature.
- NCIDQ will obtain written consent to release Personal Information on the NCIDQ Exam application; or
- NCIDQ will endeavor to obtain consent by allowing active Certificate holders the option to make public certain information for display on a searchable database; or
- Customer provides implied consent: NCIDQ can reasonably conclude that the Customer has given consent by some action, or decision not to take action. NCIDQ will rely on an individual's implied consent to use and disclose Personal Information.
Withdraw of Consent: Customer may withdraw consent by providing written direction to NCIDQ to withhold such Personal Information, provided there are no legal requirements to prohibit disclosure. Please be aware that NCIDQ will provide information regarding a Customer to its Members or other state or provincial organizations that have jurisdiction over interior designers without the Customer's further consent.
Access to and Correction of Information: Upon written request, a Customer may review his/her personal information that NCIDQ has on file at NCIDQ Headquarters at a convenient date and time for both parties; provided, however, that any Personal Information collected in connection with, or in anticipation of, any claim or legal proceeding will not be made available. If the Customer notifies NCIDQ in writing, and if applicable, provides supporting documentation, that any Personal Information is incorrect, NCIDQ will review it and if NCIDQ agrees to the change, NCIDQ will correct its records. If NCIDQ does not agree, the Customer may submit a short statement of dispute, which NCIDQ will include in any future disclosure of the disputed Personal Information.
NCIDQ, IDEP, The Mark of a Professional and the NCIDQ logo are registered in the United States Patent and Trademark Office. Unauthorized use is prohibited.
NCIDQ’s publications, Web site and online products are copyrighted material and may not be reproduced, stored in a retrieval system or transmitted without the prior written permission of NCIDQ. All rights reserved.
Examination Confidentiality Policy
Thank you for visiting the Web site of the National Council for Interior Design Qualification (“NCIDQ”). This Examination Confidentiality Policy outlines the responsibility of the Examination Candidate during and after the course of his or her participation with NCIDQ and its Examination. Please take the time to read and understand this policy. The goal of this policy is to allow NCIDQ to provide valuable services to its Members and Customers by protecting its copyrighted material. Acknowledgement of this policy prior to Examination Registration indicates a Customer’s acceptance of this Examination Confidentiality Policy. This policy will remain in full force and effect indefinitely upon acceptance of the policy.
The examination is the sole and exclusive property of NCIDQ and may not be used in any way without the express written consent of NCIDQ. NCIDQ will protect the integrity of the Examination through rigorous copyright and confidentiality enforcement processes.
All candidates must agree to abide by the Examination Confidentiality Agreement and the NCIDQ Statement of Responsibility as a condition for registering for any Examination sections.
NCIDQ reserves the right to impose any sanctions it believes appropriate for testing or confidentiality irregularities. Sanctions may include but are not limited to confiscation of unauthorized materials, legal notices, cancellation of admission to the exam, dismissal from the Examination center, cancellation of scores and/or suspension from future Examination administrations. NCIDQ can also seek to collect financial damages, including but not limited to attorney’s fees, test reprinting and shipping costs and costs associated with the development of new test content.
Pending resolution of any testing or confidentiality irregularity, the NCIDQ Executive Director shall have the authority to place a hold on any exam application, admission letter or score report until the Board of Directors has determined the appropriate course of action and whether the issuance of sanctions is warranted. Applicants or candidates shall be notified in writing if their application, admission letter or score report is on hold.
Board decisions on sanctions are final. Applicants or candidates shall be notified in writing of any Board decision regarding their Examination status. NCIDQ reserves the right to release information regarding an individual’s noncompliance with NCIDQ policies or with the policies of other private voluntary credentialing organizations, and the pendency or outcome of NCIDQ investigations into irregularities to state and federal authorities, licensing boards, employers and others. This includes, but is not limited to, any relevant state boards of registration or professional associations by which an applicant or candidate seeks licensure, certification or other form of recognition by virtue of his/her participation in the NCIDQ Examination.
No refunds of any fees shall be granted as a result of any sanctions levied.
The following are examples of testing or confidentiality irregularities subject to action by NCIDQ:
Unauthorized Access to Devices or Materials Outside Testing Room
Electronic devices and written materials may not be accessed at any time during the Examination, except for candidates testing under approved special accommodations conditions. Any personal items placed in lockers or other storage areas outside the testing room may be accessed by candidates only during a scheduled break. Proctors will file a report identifying any candidate observed accessing unauthorized devices or materials during any unscheduled break.
The use of or reference to any device or any written materials during the Examination outside the testing room is strictly prohibited (other than as authorized for persons testing under approved special accommodations conditions) and will conclusively be presumed to be for purposes of assistance on the NCIDQ Examination.
Unauthorized Devices or Materials in Testing Room
No electronic or other devices whatsoever (whether in the “on” or “off” position) and no written materials of any kind are permitted in the testing room, except for persons testing under approved special accommodations conditions. Prohibited devices include, but are not limited to, calculators with memory, cell phones, pagers, personal digital assistants, text messaging devices, audio or video recording devices, scanners, language translators and other devices. Prohibited written materials include, but are not limited to, any notes, books or written material whatsoever, whether or not related to the NCIDQ Examination. Proctors will file a report identifying any candidate observed accessing unauthorized materials in the testing room.
The use of or reference to any device or any written materials in the testing room is strictly prohibited (other than as authorized for persons testing under approved special accommodations conditions) and will conclusively be presumed to be for purposes of assistance on the NCIDQ Examination.
Dissemination of NCIDQ Examination Content
Disclosure through any means of the substance or details of any test questions or graphics and/or alleged answers is strictly prohibited. Disclosure includes, but is not limited to, any attempt to use devices such as cameras, audio, or scanning devices to record or transmit test content at or from the testing room; any attempt, including Web site and forum/blog postings, to reproduce, paraphrase, summarize or describe any test content from memory after leaving the testing room, whether by means of a recitation or description of the content or details of any test question, the depiction or description of vignettes or other graphic representations of test questions, the description or depiction of alleged answers to written or graphic questions, or other means. Improper disclosure includes both the initial disclosure by a test taker and the further dissemination of NCIDQ Examination content by others.
These prohibitions on disclosure also apply to forwarding, re-posting or other dissemination of NCIDQ Examination content that others have disclosed.
Removing/Reproducing Test Materials From the Exam
No one is permitted to make or keep copies, excerpts or notes of examination materials. Test documents and notes must remain in the examination room. Removing or reproducing any test material by any means is prohibited.
Seeking Assistance During the Exam
Anyone giving or receiving assistance of any kind will have all test materials taken away and will be asked to leave the room and may be subject to other sanctions.
Seeking NCIDQ Examination Content
A candidate or anyone else who willfully obtains or seeks to obtain NCIDQ Examination content disclosed by others is also subject to sanctions.
Other Prohibited Behaviors
NCIDQ prohibits certain behaviors, including (but not limited to): copying test questions; copying answers; permitting another to copy answers; falsifying information required for admission to an examination; impersonating another examinee; and taking the examination for any reason other than for the purpose of seeking a Certificate or as required by a member board for the purpose of license/registration/certification reinstatement.
Non-discrimination Policy for People with Disabilities
In accordance with the Americans with Disabilities Act and other applicable laws in the United States and Canada, NCIDQ does not discriminate against people with disabilities in providing access to its examination program. NCIDQ provides appropriate accommodations for its examinations for individuals with documented disabilities who demonstrate a need for accommodations. The Americans with Disabilities Act of 1990 (ADA) and accompanying regulations define a person with a disability as someone with a physical or mental impairment that substantially limits one or more major life activities such as walking, seeing, hearing or learning. The purpose of documentation is to validate that the candidate is covered under the Americans with Disabilities Act or other applicable laws. Comprehensive information by a qualified professional is necessary to allow NCIDQ to understand the nature and extent of the candidate’s disability and the resulting functional impairment that limits access to its examinations. Documentation also allows NCIDQ to provide appropriate accommodations for such a disability.
Requesting Test Accommodations
It is important to note that the objectives of the multiple-choice and practicum (design) examinations are different: the multiple-choice examination tests the examinee’s fund of cognitive knowledge relevant to interior design; the practicum examination tests the ability to utilize that knowledge in the technical and judgmental situations related to design development. Therefore, no candidate shall be excused from either the multiple-choice or practicum (design) examination or offered a modification which would compromise either examination’s ability to test accurately the skills and knowledge it purports to measure. Similarly, no auxiliary aid or service will be provided which will fundamentally alter either examination or will result in an undue burden to NCIDQ.
An individual requesting accommodations should submit a Test Accommodations Request Form with the examination registration application. Documentation of the disabling condition and need for accommodations must accompany the request. In order to allow sufficient time for a thorough review of documentation material, the request, with complete documentation, should be received no later than the late examination registration deadline. NCIDQ encourages candidates to submit their request for test accommodation and accompanying documentation at the beginning of the application/registration cycle to facilitate processing and accommodation delivery.
NCIDQ strictly adheres to a policy of confidentiality and does not disclose names of candidates with disabilities or information concerning the application or accompanying documentation. Examinations administered with accommodations are not identified to scorers (or to third-party score recipients) and therefore are scored no differently than other examinations.
Any candidate who is denied accommodations may resubmit his/her Test Accommodation Request form, along with the following materials to the Executive Director of NCIDQ: a written request for reconsideration of the denial of accommodations. The request should describe the rationale for the reconsideration based on additional information not previously provided to NCIDQ or clarify other reasons justifying a reconsideration; and, additional written information, such as new diagnostic or treatment information from the treating professional.
The materials must be sent together in a single mailing that is postmarked within 30 days of the date indicated on the letter of denial of accommodations. At its next regularly scheduled meeting, the NCIDQ Board of Directors will review submission, and make a determination. The Board’s determination is final and binding on both the Board and the candidate.
Requesting Test Accommodations
Candidates must read the guidelines for documenting a request for test accommodations and share them with the professional who will be preparing their documentation. Candidates must complete the Test Accommodation Request Form. Candidates must attach documentation of the disability and their need for accommodation.
Documenting a Request for Test Accommodations
Candidates must provide a detailed, comprehensive written report from a qualified professional describing their disability and its severity and explaining the need for the requested accommodations. The report should:
- State a specific diagnosis of the disability using professionally recognized nomenclature, e.g., American Psychiatric Association Diagnostic and Statistical Manual (DSM-IV); International Classification of Diseases (ICD).
- Be current. Because the provision of accommodations is based on the current impact of the disability on the testing activity, the evaluation should have been conducted no more than three years prior to the request for accommodations.
- Clearly describe the specific diagnostic criteria and name the diagnostic tests used, including date(s) of evaluation, list specific test results and provide a detailed interpretation of the test results in support of the diagnosis. The report should include all relevant educational, developmental and medical history.
- Give a detailed description of the candidate’s current functional limitations due to the diagnosed disability and an explanation of how the diagnostic test results relate to the identified functional limitations. Fully describe the impact of the disability on physical, perceptual and cognitive abilities.
- Recommend specific accommodations including assistive devices. Provide a detailed explanation of why these accommodations or devices are needed and how they will reduce the impact of the identified functional limitations on the specific examination for which they are requested.
- Report any accommodations the candidate currently uses in daily functioning, especially professional and work-related activities and any past accommodations the candidate received on examinations because of the disability.
- Provide contact information and credentials of the professional evaluator that qualify him/her to make the diagnosis, including information about professional license or certification and specialization in the area of the diagnosis. The dated report must be written on the professional evaluator’s letterhead and clearly indicate the name, address, telephone number and qualifications of the professional. The evaluator should present evidence of comprehensive training and direct experience in the diagnosis and treatment of adults in the specific area of disability.
- The documentation should include any record of prior accommodation or auxiliary aids, including any information about specific conditions under which the accommodations were used and whether or not they were effective. However, a prior history of accommodation, without demonstration of a current need, does not in and of itself warrant the provision of a similar accommodation.
- If no prior accommodations have been provided, the qualified professional expert should include a detailed explanation as to why no accommodations were given in the past and why accommodations are needed now.
Additional Information for Learning and Cognitive Disabilities
The evaluation must be conducted by a qualified professional with comprehensive training in the field of learning disabilities. Testing conducted as part of the comprehensive psychoeducational assessment should be no more than three years old. A developmental disorder such as a learning disability originates in childhood and, therefore, school history and other information which demonstrates a history of impaired functioning should be included. Wherever possible, actual school records, psychological reports and other objective historical information should be provided.
Documentation must be comprehensive. The report should include a comprehensive history-taking with relevant background information and appropriate test data to support the diagnosis, including the following: a description of the presenting problem(s); a developmental history; relevant academic history including results of prior standardized testing, school reports and notable trends in academic performance; relevant family history, including primary language of the home and current level of fluency in English; relevant medical and employment history; a differential diagnosis, exploring and ruling out possible alternative or co-existing mood, behavioral, neurological and/or personality disorders which may impact the individual’s learning; a comprehensive battery of age-appropriate, normed diagnostic tests; and, a diagnosis based on a convergence of all test data, history and level of current functioning. It is not acceptable to base a diagnosis on only one or two subtests.
Problems such as test anxiety, English as a second language (in and of itself), slow reading without an identified underlying cognitive deficit or failure to achieve a desired outcome on a test are not learning disabilities and are not covered under the Americans with Disabilities Act.
Additional Information for Attention Deficit/Hyperactivity Disorder
The evaluation must consist of more than patient observations and self-report. Information from third party sources is critical in the diagnosis of adult ADHD. The evaluation and report should include, but not necessarily be limited to, the following: history of presenting attentional symptoms, including evidence of ongoing impulsive/hyperactive or inattentive behavior that has significantly impaired functioning over time; developmental history; family history for presence of ADHD and other educational, learning, physical or psychological difficulties deemed relevant by the examiner; relevant medical and medication history, including the absence of a medical basis for the symptoms being evaluated; relevant psychosocial history and any relevant interventions; a thorough academic history of elementary, secondary and postsecondary education; evidence of impairment in several life settings (home, school, work, etc.) and evidence that the disorder significantly restricts one or more major life activities; relevant employment history; description of current functional limitations relative to an educational setting, including test taking, that are presumably a direct result of the described problems with attention; a discussion of the differential diagnosis, including alternative or co-existing mood, behavioral, neurological and/or personality disorders that may confound the diagnosis of ADHD; and, test scores or subtest scores from a neuropsychological or psychoeducational assessment that may be helpful in determining the individual's pattern of strengths or weaknesses and in determining whether there are patterns supportive of attention problems. However, test scores alone cannot be used as the sole basis for the diagnostic decision.
The report must include a specific diagnosis of ADHD based on the DSM-IV diagnostic criteria. Individuals who report problems with organization, test anxiety, memory and concentration only on a situational basis do not fit the diagnostic criteria for ADHD. Given that many individuals benefit from prescribed medications and therapies, a positive response to medication by itself is not supportive of a diagnosis, nor does the use of medication in and of itself either support or negate the need for accommodation.
Because of the challenge of distinguishing ADHD from normal developmental patterns and behaviors of adults, including procrastination, disorganization, distractibility, restlessness, boredom, academic underachievement or test failure, low self-esteem and chronic tardiness or inattendance, a multifaceted evaluation must address the intensity and frequency of the symptoms and whether these behaviors constitute an impairment in a major life activity.
Candidates with other reasons for test accommodations should submit a written request to NCIDQ. The request should be received by the late registration deadline. The letter should be specific as to the type of accommodation(s) requested and reasons the accommodation is needed.
NCIDQ License Policy
This Agreement (“Agreement”) is made and by and between the Council for Interior Design Qualification (“CIDQ”), with its principal place of business in Washington, DC, and an individual person who is a NCIDQ Certificate Holder (the “User”).
Whereas CIDQ establishes standards of competence for interior design/interior architecture professionals;
Whereas, CIDQ owns the designation “NCIDQ”
Whereas, the User desires to use the designation “NCIDQ”;
Whereas, User desires to use the designation “NCIDQ” upon User’s fulfillment of certain CIDQ education, experience and examination standards, including becoming a NCIDQ Certificate Holder, successful completion of any continuing education and recertification requirements, if any, compliance with all aspects of the annual renewal process, and maintaining a current and paid-up CIDQ account (the “Good Standing Requirements”), to identify User’s achievement of the NCIDQ credential.
NOW THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION AND SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE RECITALS ABOVE, THE PARTIES AGREE AS FOLLOWS:
LICENSE GRANT AND RESTRICTIONS CIDQ grants a nonexclusive, nontransferable license (without the right to sublicense) to User to use the designation “NCIDQ” in accordance with the following terms:
- 1. If User meets the Good Standing Requirements and otherwise complies with the terms and conditions of this Agreement, User may use the designation “NCIDQ” immediately after his or her name solely for the purpose of identifying User’s achievement of the NCIDQ credential and in no other manner or for any other purpose. Namely, User may use the designation “NCIDQ” as follows: Jane M. Doe, NCIDQ.
- User will comply with all guidelines related to the use of the designation “NCIDQ” described in this Agreement and as revised by CIDQ from time to time, at CIDQ’s sole discretion (collectively, the “Use Guidelines”). CIDQ reserves the right to alter or amend the guidelines for the use of the designation “NCIDQ” described in this Agreement at any time and without notice to the User.
- User will not use the designation “NCIDQ” as any corporate name, trade name, business name, business logo, company name, or any part thereof. For example, User may not name or otherwise identify its business NCIDQ Certified, Inc. or as Jane M. Doe, NCIDQ, LLC.
- This Agreement does not in any way constitute CIDQ’s approval or endorsement of the services, products, or activities, advertised, offered, sold, or rendered by User. User will not use the designation “NCIDQ” in any way that states or implies that CIDQ approves or endorses the services, products, or activities, advertised, offered, sold, or rendered by User.
- User acknowledges and agrees that CIDQ is the sole and exclusive owner of, and maintains all rights, title, and interest in the designation “NCIDQ” including, without limitation, all intellectual property rights. User acknowledges and agrees that he or she does not obtain any interest or goodwill in the designation “NCIDQ” or any other trademarks owned by CIDQ.
- User will not use the designation “NCIDQ” in any manner likely to confuse, mislead, or deceive the public, or to be adverse to the best interests of CIDQ. User will advertise, offer, sell, and render User’s products and services in accordance with all applicable federal, state, and local laws and regulations.
- User will not use the designation “NCIDQ” in any offensive manner or in any manner that would disparage, tarnish, or bring into disrepute the NCIDQ credential, the designation “NCIDQ” or CIDQ.
- User will not use, register or seek to register the designation “NCIDQ”, CIDQ or any of CIDQ’s other trademarks, or any confusingly similar marks or names in any manner, including but not limited to as, or as part of, a trademark, service mark, domain name, social media name, screen name, or e-mail address, keyword, favicon, or any other identifier.
- User will maintain current contact information with CIDQ by updating User’s contact information with CIDQ from time to time and at least on or about each anniversary of the Effective Date of this Agreement, including updating User’s mailing address, telephone number, and email address.
TERMINATION OF LICENSE
- The Term of this Agreement is one (1) year from the later of the date User assents to this Agreement via CIDQ’s online form or CIDQ’s confirmation of payment of CIDQ’s dues by User (the “Effective Date”). User may renew the Agreement annually so long as User meets the Good Standing Requirements and otherwise complies with the terms and conditions of this Agreement.
- Upon the failure to comply with the Good Standing Requirements, or of CIDQ’s termination of the NCIDQ certification program and/or the NCIDQ credential, or of termination or expiration of this Agreement, User agrees to immediately cease all use of the designation “NCIDQ” in any form including, but not limited to: immediately removing the designation “NCIDQ” from User’s Business Materials.
- Upon expiration or termination of this Agreement, if User continues to be an NCIDQ Certificate holder, User may inform of the public of this fact by textually identifying himself or herself as a “NCIDQ Certificate Holder” and in no other manner.
- CIDQ may terminate this Agreement if User is in breach of any of the terms or conditions of this Agreement or the Use Guidelines.
- User acknowledges that any breach of this Agreement may cause irreparable harm to CIDQ and entitles CIDQ to temporary, preliminary, and permanent injunctive relief in addition to damages and costs, including reasonable attorney’s fees, and any other remedies available to CIDQ.DISCLAIMER
- The designation “NCIDQ” is licensed on an “as is” basis and CIDQ makes no representations or warranties, express, implied, or otherwise, with respect to the designation “NCIDQ” including, but not limited to, the validity of the designation “NCIDQ” and whether the designation “NCIDQ” infringe, dilute, or otherwise violate the trademark, copyright, or other intellectual property rights of any third parties. CIDQ is not responsible for any loss or damages of any kind whatsoever sustained by User or any third party and howsoever caused with respect to the use of the designation “NCIDQ” by User, CIDQ, or anyone else.
- User will indemnify CIDQ and its directors, officers, staff, successors, parents, affiliates, members, and related companies and to hold each of them harmless in all respects, including attorneys’ fees, from and against any claims, demands, suits, or causes of action and resulting settlements, awards, or judgments arising out of any act or alleged activity of User in connection with the license granted under this Agreement, including but not limited to any defects or alleged defects or negligence in or relating to the products, activities, and/or services advertised, offered, sold, and/or rendered by the User in connection with the designation “NCIDQ.”MISCELLANEOUS
- This Agreement and the license hereunder are not assignable or transferrable by User in whole or part in any manner, and User does not have the right to sublicense any of its rights under this Agreement. CIDQ may assign, sublicense, or transfer its rights under this Agreement without User’s consent.
- Failure of any party to require the performance of any term in this Agreement, or the waiver by any party of any breach thereof, will not prevent subsequent enforcement of such term nor be deemed a waiver of any subsequent breach.
- This Agreement is governed by and construed in accordance with the laws of the District of Columbia.
- The terms of this Agreement are severable and if any one or more provisions is determined to be invalid, illegal or unenforceable, in whole or in part, the validity, legality and enforceability of any of the remaining provisions or portions thereof are not in any way affected or impaired thereby and are binding between the parties.
- This Agreement is the complete, entire, and final agreement of the terms and conditions between the parties and supersedes all prior agreements between the parties regarding User’s use of the NCIDQ credential, the designation “NCIDQ,” or variations thereof.
- User acknowledges and agrees that all notices, requests, and other communications directed to User required or contemplated under this Agreement will be in writing and will be deemed to have been duly given when sent by CIDQ by email to the email address provided by User in this Agreement and updated pursuant to Section 9, above.
- All notices, requests, and other communications directed to CIDQ required or contemplated under this Agreement will be in writing and will be deemed to have been duly given when delivered personally, or by a letter mailed by certified mail-return receipt requested, or by a letter sent via overnight courier with confirmation of receipt, to CIDQ 225 Rienekers Lane #210, Alexandria, VA 22314, or at such other address CIDQ or its successors or assigns may designate by written notice.
- Sections 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 18, 19, 20, 21, 22 and 24 survive termination or expiration of this Agreement.