Effective date: 21 October 2009
"Candidate" refers to applicants pursuing a license to become an architect by taking the Architect Registration Examination (“ARE”).
"Certificate Holder" means any active Record Holder who has obtained NCARB certification and has been issued a certificate number.
"Personal Information" is defined as any data, that, when used alone or combined with other information, may be used to identify an individual.
"Record" is an NCARB Record that contains your employment, education, examination, and registration history, and other professional data (including supervisor ratings and performance notes) that may be relevant to your application for initial and/or reciprocal licensure. In accordance with the NCARB Handbook, NCARB may not make your entire Record available to you.
"Record Holder" refers to an individual to whom a Record pertains. It includes Candidates, Certificate holders, and others who provide personal information to NCARB for purposes of receiving information and/or services from NCARB.
COLLECTION OF PERSONAL INFORMATION
You can generally browse parts of our Web site without telling us who you are or without revealing any personal information about yourself. In certain sections of the Web site, however, you are, for example, able to register for an online account, apply for a record, renew your NCARB Record, request that your Record be transmitted to registration boards, review your Record Summary Report (for applicants in initial record compilation stages), submit information about work experience, employers, supervisors, work performance and supplimentary information through the electronic Employment Verification System, review your IDP Periodic Assessment Report, check your Record status and expiration date, and order publications and other services and products offered by NCARB.
Many of these activities require you to provide personal information about yourself. This information may include, but is not limited to, your name; contact information; credit card information and billing address; e-mail; username; password; Social Security Number (SSN) (or other 9-digit identification number); certain demographic information such as your age or date of birth, and other information relevant to user surveys and/or special services we may offer. We may also collect personal information that you provide in the material you post to our Web site or if it is included in your correspondence with us.
Please note that we may supplement the information you provide to us with data we receive from third parties, such as schools, employers, Member Boards, or address verification services.
COLLECTION OF AGGREGATE OR ANONYMOUS INFORMATION
Our Web site hosting company collects aggregate or anonymous information from when you use our Web site. This information may include data such as your browser type, your ISP or operating system, the URL of previous websites you visited, and your Internet Protocol (IP) address.
We may share this information, which does not personally identify you, with our affiliates or agents for various administrative and research purposes.
We may collect information from you by using cookies. A cookie is a small text file stored on User’s computer containing information about the User. Cookies help us analyze Web traffic, provide user data for a particular webpage, and allow Web applications to respond to you as an individual, tailoring their operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
Most Web browsers automatically accept cookies. If you would prefer to prevent your computer from accepting our cookies, please follow your Internet browser’s steps for doing so. Please note, however, that if you do disable cookies, you may not be able to take full advantage of all of our online features or access certain sections of our Web site.
USE OF PERSONAL INFORMATION
We may use your personal information for any of the following reasons:
- Create an online account for you on our Web site;
- Verify your identity when you use certain areas or features of our Web site;
- Internal record keeping;
- To complete your online order and send provide you with the products or services you requested;
- To share with third party service providers who may provide services to our Users or perform other services on our behalf (e.g. to process payments or ship products you may have ordered);
- To improve our Web site’s content and for general administration;
- To provide customer support;
- To target our Web site content to your preferences;
- To periodically send promotional information regarding new products, programs or services, special offers, or other information that we think you might find of interest from NCARB;
- To contact you, via e-mail, telephone, facsimile or mail to deliver certain services or information you have requested;
- To more effectively facilitate the promotion of goods and services to appropriate target audiences based on your demographic information (i.e., age, postal code, city or state, Record Holder status, and other similar information).
ACCESS BY THIRD PARTIES
As noted above, NCARB operations and maintenance contractors sometimes have limited access to your Personal Information in the course of providing products or services to NCARB. These contractors include vendors and suppliers that provide NCARB with e-mail distribution technology, services, and/or content for the operation and maintenance of the NCARB Web site. Access to your Personal Information by these contractors is limited to the information reasonably necessary for the contractor to perform its limited function for NCARB.
OTHER DISCLOSURES OF PERSONAL INFORMATION
NCARB endeavors at all times to maintain a Candidate’s or Record holder’s personal information as confidential. Candidate scores are held in confidence, available only to the Candidate and to persons or organizations authorized by a Candidate. We may now or in the future allow access to Candidate scores online. Candidates must consent to have their scores made available to authorized third parties.
NCARB shall maintain in confidence all biographical data such as sex, grade or education level attained, date of birth, race/ethnic group. NCARB may, however, use aggregate, non-identifying information based on such data.
If we go through a business transition, your Personal Information may be one of the assets that is affected. Please note that we may transfer any information we have about you to third parties in connection with a merger, sale or acquisition involving all or part of our organization or other change in corporate control.
We may also provide your Personal Information to law enforcement or a government agency in response to a search warrant, subpoena or other legally valid inquiry or order, or to an investigative body when required or permitted by law. We may also disclose your personal information where necessary for the establishment, exercise or defense of legal claims, to protect our interests or preserve our rights, or as otherwise permitted or required by law.
NCARB uses procedural and technological security measures which are reasonably designed to help protect your personal information from unauthorized access or disclosure, consistent with industry standards.
We use encryption, passwords, secure socket layer (SSL) technology and physical security measures to help protect your personal information against unauthorized access and disclosure. However, it is always possible that third parties will unlawfully intercept or access transmissions or defeat these measures. Therefore, we do not promise and cannot guarantee (and thus you should not expect) that your personal information can never be viewed and/or used by others. NCARB is not responsible for these unauthorized uses, thus you should be careful about the information you post or otherwise make available when using our Web site.
LINKS TO OTHER SITES
Our Web site may contain links to other sites that we do not own or operate. Also, links to our Web site may be featured on third party web sites on which we advertise.
CHANGES, CORRECTIONS OR DELETIONS
You may choose to restrict the collection or use of your personal information in the following ways:
- You can review, correct and delete some of your personal information (such as your contact information) by logging into the Web site and navigating to your preferences page in “My NCARB Record” (if applicable).
- You may opt-out of receiving commercial e-mails from us by clicking on the “unsubscribe” link in every promotional e-mail we send.
- You may contact us by phone at 202/879-0520 or by mail at the following address and request that your personal information be updated, corrected or deleted:
Attn: Customer Service
1801 K Street, NW
Washington, DC 20006
Upon receiving your request we will make the changes or deletions you request as soon as reasonably possible.
Your password is the key to your online account. When creating your password, you should use unique numbers, letters, special characters, and combinations thereof. In addition, DO NOT disclose your password to anyone. If you do share your password or your log in credentials with others, you are solely responsible for all actions taken with respect to your online account. If you lose control of your password, you may lose substantial control over your personal information and be subject to legally binding actions taken on your behalf. Thus, IF YOUR PASSWORD HAS BEEN COMPROMISED FOR ANY REASON, YOU MUST IMMEDIATELY NOTIFY NCARB TO CHANGE YOUR PASSWORD.
INTERNATIONAL VISITORS TO THIS SITE
QUESTIONS, COMMENTS OR FEEDBACK
1801 K Street, NW
Washington, DC 20006
Effective Date: 21 October 2009
NCARB may, at its sole discretion, and at any time, discontinue this Web site or any part thereof, with or without notice, or may prevent your use of this Web site with or without notice to you. You agree that you do not have any rights in this Web site and that NCARB will have no liability to you if this Web site is discontinued or your ability to access the Web site or any information you may have posted or provided on the Web site is terminated.
This Web site is targeted to adults (individuals over the age of 18) who are interested in or already have an architectural license. Nevertheless, we recognize that it is possible that children may stumble upon our Web site.
In accordance with relevant laws, we do not knowingly collect personal information from children under the age of 13. If you are a parent or guardian and you believe we have obtained information about your child who is under the age of 13, please contact us immediately so that we can delete it.
You shall not remove any legal notices or credits, or any additional information contained along with the notices and credits posted on our Web site. Our Web site may contain references to trademarks, copyrighted materials, technologies, products, processes and software and other proprietary rights of NCARB or other parties. No license to or right in any such trademarks, copyrighted materials, technologies, products, processes, software or other proprietary rights of NCARB is granted to or conferred upon you.
The letters “ARE”, and the “Architect Registration Examination” are registered trademarks or service marks of the National Council of Architectural Registration Boards.
Content on this Web site that is provided by NCARB or its licensors, including original art work, graphics, photographs, images, screen shots, text, music, digitally downloadable files, video clips, trademarks, logos, product and character names, slogans, and the compilation of the foregoing ("NCARB Content") is the property of NCARB and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.
You are authorized to access and use the Web site and related NCARB Content as set forth in these Terms, provided that: (i) your use of the Web site and NCARB Content as permitted hereunder is solely for your personal, non-commercial use; (ii) you will not copy, distribute or transfer any portion of the Web site or NCARB Content on any media without NCARB’s prior written or electronic approval; (iii) you will not alter, adapt or otherwise modify any part of the Web site or NCARB Content other than as may be reasonably necessary to use that part of the Web site or NCARB Content for its intended purpose; and (iv) you will otherwise comply in full with these Terms.
The Web site may now or in the future permit the submission of text, files, images, photos, video, sounds, musical works, works of authorship, text postings, and other materials and content ("User Content") by you and other users on public or shared areas (e.g., password protected forums) of our Web site. Please note that User Content does not include information you provide through online forms for purposes of establishing an NCARB Record, to request additional information, or to sign up for any products or services we offer. It also does not include evaluations, supervisor ratings or other data about Record holders that may be made available online to authorized individuals.
You understand and acknowledge that any User Content you make available online in any manner and for any reason will not be treated as confidential or proprietary and may be preserved or disclosed by NCARB at our discretion.
You shall be solely responsible for any User Content you submit and the consequences of posting or publishing it. With respect to any User Content you submit, you affirm, represent and warrant that: (i) you own or have the necessary licenses, rights, consents or permissions to use and authorize NCARB to use all patent, copyright, trade secret and trademark rights or other proprietary rights to enable inclusion and use of User Content in the manner contemplated by the Web site and these Terms; and (ii) you have the written consent, release and/or permission of each identifiable individual person in your User Content to use the name, likeness or other personal characteristics of each such identifiable individual to enable inclusion and use of such User Content in the manner contemplated by the Web site and these Terms.
By submitting User Content to NCARB, you hereby grant NCARB a worldwide, non-exclusive, irrevocable, royalty-free, sublicensable and transferable license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television or any other uses or media), the User Content, in whole or in part, including future rights that NCARB (or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed to the maximum extent permitted by applicable law.
You also hereby grant each user of the Web site a non-exclusive license to access your User Content through the Web site, and to use, access, reproduce, distribute, transmit, forward, display and perform such User Content, in whole or in part, to the extent permitted by the Web site under these Terms (the "User License"). This User License granted by you will terminate as to your removable User Content once the particular User Content is removed or deleted from the Web site. Not all User Content you may post or information about your trading activity on the Web site can be removed by users, so please keep this in mind when accessing our Web site.
In addition, NCARB will have the right to refuse, remove or delete any User Content which it reasonably considers to violate these Terms or to otherwise be illegal or objectionable.
NCARB POSTING RULES / ACCEPTABLE USE POLICY
Your posting of User Content is subject to these Terms, any additional terms posted for a specific feature, as well as the following submission rules ("Posting Rules"), to which you agree to adhere through your use of the Web site:
- By contributing this content you are affirming that you are 18 years old or more and are fully able and competent to enter into and comply with these Terms.
- You agree not to post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent, or otherwise objectionable or inappropriate as determined by NCARB.
- You will not post any User Content that contains personal information about any other individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization, including—without limitation—the personnel of NCARB.
- You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content or other content transmitted through the Website.
- You will not misrepresent an affiliation with another person or organization, nor will you post any content that that infringes any copyright, trademark, patent, trade secret, or otherwise subject to intellectual property rights of a third party.
- You will not use this Web site to harm minors in any way or to send any content that we deem in our sole discretion to be inappropriate for minors, offensive, or incompatible with the character or subject matter of this Web site.
- You will not upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other material that contains business solicitations of any type, including advertising a product or service or offering a product or service for sale.
- You will not post any software to the Web site, nor will you post links to online locations or post files that do not comply with these Terms, and you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation or features of the Web site.
- You will not modify in any way any specifications, technology, software or application codes provided to you by NCARB or as embedded in the User Content unless expressly authorized in writing by NCARB.
- You will not intentionally or unintentionally violate any applicable local, state, national or international law.
- You will not collect any Personal Information on the Web site about other Web site users.
- You will not share or transfer passwords or other access information with any other party, temporarily or permanently.
- You will not use the Web site or any NCARB Content in any way that harms any user of the NCARB Web site.
- You will not use the Web site in any manner that could overburden, or impair the Web site (or the networks or systems connected to the Web site).
- You may not use any device, software or instrumentality to interfere with the proper working of our Web site or disobey any requirements, procedures, policies or regulations of networks connected to the Web site.
NCARB may cancel your account and delete User Content associated with your account at any time without notice, if NCARB deems in its sole discretion that you have violated these Terms, the Posting Rules, the law, or for any other reason. NCARB assumes no liability for any information removed from our Web site, and reserves the right to permanently restrict access to the Web site or a user account.
You understand that NCARB has no responsibility to monitor any materials posted, transmitted, or communicated to or within the Web site. If you believe that something on the Web site violates these Terms, please e-mail email@example.com.
NO INFRINGING USE
NCARB respects the intellectual property of others, and we expect our users to do the same. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users of the Web site who infringe or repeatedly infringe the copyrights or other intellectual property rights of NCARB or other rights owners.
If you are a copyright owner or an agent thereof and believe any User Content or other NCARB Content infringes upon your copyrights, please send us a notice containing substantially all of the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
(v) A statement that you have 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; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with substantially all of the above requirements of this Section we may not be able to remove the alleged infringing content.
You are solely responsible for protecting the security and confidentiality of your password, and are accountable for any activity undertaken through your NCARB account.
You shall not violate or attempt to violate the security of the Web site. Violations of system or network security may result in civil or criminal liability. NCARB reserves the right to investigate occurrences which may involve such violations and may involve and cooperate actively with, law enforcement authorities in prosecuting users who have participated in such violations.
With respect to all online feedback, questions, comments, suggestions and the like that you submit to NCARB through this web site: (i) you shall have no right to confidentiality in these communications and NCARB shall have no obligation to protect your communications from disclosure; (ii) NCARB shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (iii) NCARB shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information.
Note that this section does not apply to secure private communications you may have with NCARB regarding your Record. Unless otherwise noted, NCARB will strive to maintain the security and confidentiality of your Record.
You represent that any information you post or provide to NCARB by means of this Web site, including, without limitation, as part of any registration, application or inquiry, is true, accurate, not misleading and offered in good faith.
You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify NCARB as soon as possible of any breach of security or unauthorized use of your account.
You agree to indemnify and hold NCARB and its agents and licensors harmless from any claim or demand, including costs or attorneys’ fees, made by any third party due to or arising out of your use of this Website, including with respect to any information you submit, post to or transmit through the Web site, your violation of these Terms, or your violation of any rights of another person or entity.
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. NCARB MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS. ALL SITE INFORMATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR NON-MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATION CONTENT, OR SYSTEM INTEGRATION. NCARB DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL NCARB BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL DAMAGES, COSTS OR ATTORNEY’S FEES ARISING OUT OF OR RELATING TO THESE TERMS, USE OF OR THE OPERATION OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE TO RECOVER MONEY, IF ANY, THAT YOU PAID TO NCARB, OR $250, WHICHEVER IS LESS, AND FOR YOU TO DISCONTINUE YOUR USE OF THE SITE.
You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the site and will not make any claim against NCARB for lost data, re-run time, inaccurate output, work delays, or lost profits resulting from the use of the materials.
LIMITED TIME TO BRING YOUR CLAIM
You and NCARB agree that any cause of action arising out of or related to the Web site or any Web site Information must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Both you and NCARB acknowledge and agree that no partnership is formed, and neither you nor NCARB has the power or the authority to obligate or bind the other.
These Terms will be governed by and construed in accordance with the laws of the District of Columbia (USA) without regard to conflicts-of-laws principles. By using this Web site, you hereby agree that the exclusive jurisdiction for any and all disputes regarding these Terms shall lie in the federal and local courts of the District of Columbia.
These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void, or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
If NCARB fails to act with respect to your breach or anyone else’s breach on any occasion, NCARB is not waiving its right to act with respect to future or similar breaches.
These Terms constitute a binding agreement between you and NCARB, and are accepted by you as a condition for your use of the Web site or your account. These Terms constitute the entire agreement between you and NCARB regarding the use of the Web site and your account.
NCARB INTELLECTUAL PROPERTY RIGHTS
Unless otherwise specified herein or within the web site, the following notice applies to all Website content:
Copyright © 2009 The National Council of Architectural Registration Boards, 1801 K Street, NW, Suite 700K, Washington, D.C. 20006 U.S.A. All rights reserved.