Program Participant Agreement
This statement applies to and shall be agreed to as a condition of participation by all individuals seeking to obtain or currently possessing certification or any similar personnel credential through the National Commission for the Certification of Crane Operators (CCO).
You understand that if at any point during your certification or credential period you fail to meet any of the requirements outlined above, or if matters arise that can affect your capability to continue to fulfill certification or credential requirements, you must report it to CCO immediately.
You understand and agree that CCO reserves the right to invalidate examinations based on testing irregularities, regardless of fault. This may include invalidation based on forensic analysis alone, and because this analysis is a continuous process, it is possible that an issued certification may be revoked based on forensic analysis.
You also agree to cooperate with any CCO investigations and that any legal proceeding arising out of or in any way relating to your CCO certification(s) and credentials or this agreement shall be filed and litigated exclusively in any federal court or state court located in the State of Utah, and you further agree to irrevocably submit to, and waive any objections to, such exclusive jurisdiction and venue.
You agree to the foregoing terms and conditions and understand that you must accept this agreement as a condition of taking any examination(s). Failure to properly agree to these conditions prior to your examination(s) may invalidate the results of your examination(s). You understand that if you do not abide by this agreement and these rules, (a) you may be dismissed from the examination and your exam results may be invalidated (without a refund), (b) you may be precluded from further testing, and (c) CCO may take other action(s) as necessary or appropriate.
Testing Personnel (including TSCs, TACs, and Proctors)
This statement applies to and shall be agreed to as a condition of participation by all proctors and other persons materially assisting in CCO test administrations or CCO testing activities. All such testing personnel are charged with upholding the policies and procedures of CCO.
As a consequence of CCO’s due regard for the sensitive confidentiality and the personal privacy of each participant involved in the examination process; the restricted business and trade secrets and substantial investments of CCO; the prevention of test compromise, loss, or unauthorized exposure of questions, processes, and procedures; and, the validation and integrity of the testing and credentialing systems; CCO requires that certain rules of conduct and terms and conditions be agreed to by all test personnel, and, for good and valuable consideration, that they be made mandatory to preserve and protect the personal, business, property, and other implicated rights, as well as the public trust.
As a condition, and in consideration of being provided the opportunity to serve or work with CCO, and to participate in any examination related activities, and in recognition of the importance of the integrity of CCO’s certification and credentialing programs, you agree to uphold all policies and procedures of CCO, including the specific terms and conditions set forth below.
- You will not disclose, or cause to be disclosed, verbally or in writing, directly or indirectly, to anyone outside of CCO, its officers, directors, employees, committees, or task forces, any confidential information related to any certification program, including, but not limited to, the contents of past or present applications for certification, examination content and related test materials, test procedures, test question banks, grading systems, scoring results, CCO decisions and actions related to such applications (including disciplinary actions), and other related information (hereinafter collectively referred to as “Confidential Information”), except where authorized by CCO in the normal and usual conduct and administration of written examinations, practical tests, and reporting procedures. You will not disclose such Confidential Information, either verbally or in writing. If necessary to effectuate the established relationship with CCO, you may disclose Confidential Information to employees and/or consultants with a need to know, provided that any such persons shall also expressly agree to this agreement and agree to be bound thereby.
- You understand that, unless otherwise directed by CCO, the obligation to maintain the confidentiality of Confidential Information shall apply at all times and under all circumstances, including the period after the conclusion of your term, contact, service, employment, engagement and/or agreement with CCO.
- You will keep any and all Confidential Information in your possession in a safe and secure place, such as a locked hardcopy file drawer or a password‐protected electronic file, and will take all reasonable steps to protect against inadvertent disclosure or theft of the information.
- You will inform CCO promptly in the event that the confidentiality of Confidential Information is compromised due to events such as the loss or theft of materials or unauthorized access.
- Upon expiration of your term, contact, service, employment, engagement and/or agreement with CCO, you will promptly destroy or return to CCO, by courier or registered mail, any and all Confidential Information you have received or acquired during the course of your term, contact service, employment, engagement and/or agreement with CCO. You will not retain any records, including electronic files, containing Confidential Information. Notwithstanding the foregoing, if you are required by law to retain any documents containing Confidential Information, you may do so, but only for the term of any such requirement and only to the extent required by law, and subject to the terms of this Agreement; provided that, in such event, you will provide CCO with reasonable written notice and agree to promptly destroy or return the materials at issue upon expiration of the legal requirement necessitating such retention.
- You agree that the copyright to any and all materials you prepare for CCO shall be considered works‐for‐hire under the federal Copyright Act and shall be owned by CCO. To the extent any materials you prepare are not to be considered works‐for‐hire, you hereby assign to CCO all right, title, and interest in any information or material authored, developed, conceived, modified, or otherwise created by yourself relating to any CCO certification program, examinations, applications, or policy documents, including but not limited to test items and any other copyrighted information, in connection with your acting or purporting to act in any capacity as authorized CCO test personnel.
- You agree that CCO shall be entitled to take any and all reasonable action to protect its Confidential Information or any content protected under the federal Copyright Act.
Impartiality/Conflict of Interest
- You understand and acknowledge that it is necessary for CCO and its testing personnel to be and to be perceived to be impartial in order to give confidence in CCO’s activities and testing outcomes.
- Accordingly, you understand and agree that, in relation to the performance of your role as testing personnel, you must maintain impartiality and retain objectivity at all times.
- You further agree not to allow commercial, financial or other pressures to compromise your impartiality. In addition, you agree not to be influenced by other interests or other parties in any way that would impact the impartial performance of your role as testing personnel.
- You understand and acknowledge that threats to impartiality may arise in a wide range of ways, including, without limitation: subjectivity threats, familiarity threats, intimidation threats, financial threats, and similar threats to impartiality.
- You agree promptly to disclose any threats to your impartiality on an ongoing basis.
- You agree not to engage in any actions that may constitute an actual, apparent, or potential conflict of interest with your functions, duties, or responsibilities as you assist or participate in CCO test administrations or CCO testing activities, and will promptly disclose to CCO any such conflict of interest and any business, financial, or organizational interest and affiliations which are or could be construed to be such an actual, apparent, or potential conflict of interest.
- You agree to adhere to the policies and procedures established by CCO with respect to its Confidential Information and intellectual property, including any policies set forth in the most current edition(s) of applicable CCO manuals and handbooks. You will promptly inform CCO of any violation of CCO policies of which you may become aware at any time.
- You acknowledge that CCO retains full responsibility for and control over all of its certification and other credentialing examinations, including the right to assess, monitor, review, and/or investigate activities relating to certification exams in accordance with its procedures relating to program integrity and ethics and discipline.
- You agree to use any Confidential Information and other sensitive material provided to you as test personnel for the exclusive purpose of implementing and/or administering the CCO program and examination activities. Except where disclosure is expressly authorized by CCO, and to such extent, you will strictly safeguard and protect all testing materials from any disclosure.
- You will not reference in a false, misleading, or deceptive manner your participation in, or any other information concerning, any CCO certification/credentialing programs or specific evaluations.
- You agree that CCO shall be entitled to take any and all action necessary to protect the privacy and confidentiality of all participants in CCO’s testing activities and programs.
- You acknowledge that, by participating in the administration of CCO examinations, you are not acting as an independent contractor or an employee of CCO or any of its affiliates.
- You accept and expressly agree to comply with the terms and conditions of the CCO Trademark Usage Policy (available at nccco.org or CCO’s then primary domain), as it may be amended from time to time, and agree that said policy will govern any and all use(s) of the CCO Marks.
- You understand that any material breach of the confidentiality provisions of this agreement is likely to cause irreparable harm to applicants personally, and/or unduly damage and compromise CCO’s testing system. You further understand that any violation of this agreement will constitute a breach that may cause CCO substantial harm, and that remedies including injunctive relief should and will be available to CCO. You agree that any breach of this agreement shall be sufficient and adequate grounds for immediate termination of your test personnel role(s), criminal prosecution, civil suit, injunction, and/or expulsion from CCO or its programs, as warranted or appropriate.
- A breach of the confidentiality provisions of this agreement shall be defined to include any public or private acts taken or done by anyone without prior authorization by CCO, in contravention of the confidentiality provisions of this agreement, outside the normal and usual course of CCO operations.
- You agree that any questions or other matter arising under this agreement, whether of validity, interpretation, performance or otherwise, will be governed by and construed in accordance with the laws of the State of Utah, without regard to choice of law rules. All actions and proceedings arising out of or relating directly or indirectly to this agreement will be filed and litigated exclusively in any federal court or state court located in the State of Utah. You expressly consent to the jurisdiction of these courts.