Terms of Use
Welcome to http://certipro.com and http://certiprosolutions.com (collectively, the “Website”) of CertiPro Solutions LLC (the “Company,” “CertiPro,” “we,” or “us”).
These terms of use are entered into by and between you and the Company and the following terms and conditions (the “Terms of Use”) govern your access to and use of the Website, including any content, functionality, and services offered on or through the Website. Please red these Terms of Use carefully before you start to use the Website. By accessing and using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at [LINK TO PRIVACY POLICY], incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories and possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use the Website.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for both:
- Making all arrangements necessary for you to have access to the Website.
- Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy [LINK TO PRIVACY POLICY], and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Content
Through the Website, you have access to a variety of resources and content. These include: (a) software and software as a service offerings (“software”); (b) web pages, data, messages, text, images, photographs, graphics, audio and video such as live and recorded webinars, product demonstrations, and documents such as press releases, white papers and product data sheets (“materials”); and (c) forums, discussion groups, chat areas, bulletin boards, blogs, wikis, e-mail functions, and other services in connection with which you can download, share, email, post, publish, transmit or otherwise access or make available content (as defined below) (“community services”). Software, materials, community services, and other information, content and services are collectively referred to as “content.”
Some areas of the Website or content provided on or through the Website may have additional rules, guidelines, license agreements, user agreements, or other terms and conditions that apply to your access or use of that area of the Website or content (including terms and conditions applicable to a business entity or other organization and its users). If there is a conflict or inconsistency between these Terms of Use and the rules, guidelines, license agreement, user agreement, or other terms and conditions for a specific area of the Website or for specific content, the latter shall have precedence and control with respect to your access and use of that area of the Website or content.
Use of Software
Your use of software is subject to all agreements such as a license agreement or user agreement that accompanies or is included with the software, ordering documents, exhibits, and other terms and conditions that apply (“License Terms”). If software is provided on or through the site and is not licensed for your use through License Terms specific to the software, you may use the software subject to the following: (a) the software may be used solely for your personal, informational, noncommercial purposes; (b) the software may not be modified or altered in any way; and (c) the software may not be redistributed. CertiPro reserves the right to terminate the permissions granted to you above and your use of the software at any time.
Use of Materials
You may download, store, display on your computer, view, listen to, play, and print materials that CertiPro publishes or broadcasts on the site or makes available for download through the site subject to the following: (a) the materials may be used solely for your personal, informational, noncommercial purposes; (b) the materials may not be modified or altered in any way; and (c) the materials may not be redistributed.
Use of Community Services
Community services are provided as a convenience to users and CertiPro is not obligated to provide any technical support for, or participate in, community services. While community services may include information regarding CertiPro products and services, including information from CertiPro employees, they are not an official customer support channel for CertiPro.
You may use community services subject to the following: (a) community services may be used solely for your personal, informational, noncommercial purposes; (b) content provided on or through community services may not be redistributed; and (c) personal data about other users may not be stored or collected except where expressly authorized by CertiPro.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences, or any graphics on our Website without the Company’s prior written permission.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
The Website and content provided on or through the Website are the intellectual property and copyrighted works of CertiPro or a third-party provider. All rights, title, and interest not expressly granted with respect to the Website and content provided on or through the Website are reserved by the Company. All content is provided on an “As Is” and “As Available” basis, and CertiPro reserves the right to terminate the permissions granted to you above and your use of the content at any time.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. If you wish to make any use of material on the Website other than that set out in this section, please address your request to: info@certipro.com.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Trademarks
The Company name, the terms “CertiPro” and “CertiPro Solutions” and any derivatives thereof, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use.
- To transmit, or procure the sending of, any advertising or promotional material including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
Additionally, you agree not to:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use.
- To transmit, or procure the sending of, any advertising or promotional material including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
User Contributions and Your Content
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. You agree that you will only upload, share, post, publish, transmit, or otherwise make available (“Share”) on or through the Website content that you have the right and authority to Share and for which you have the right and authority to grant to CertiPro all the licenses and rights set forth herein. By Sharing content, you grant CertiPro a worldwide, perpetual, royalty-free, irrevocable, nonexclusive, fully sublicensable license to use, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, broadcast, transmit and distribute the content for any purpose and in any form, medium, or technology now known or later developed. This includes, without limitation, the right to incorporate or implement the content into any CertiPro product or service, and to display, market, sublicense and distribute the content as incorporated or embedded in any product or service distributed or offered by CertiPro without compensation to you.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
- CertiPro’s exercise of the rights granted pursuant to the license above will not infringe or otherwise violate any third-party rights.
- All “moral rights” in the content to which the license granted above relates have been waived to the full extent allowed by law.
- You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
- All of your User Contributions do and will comply with these Terms of Use.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
- In our sole discretion, at any time, discontinue providing or terminate, suspend, or limit access to the all or part of the Website, any areas of the Website or content provided on or through the Website, for any reason or no reason, including without limitation, any violation of these Terms of Use.
You agree that CertiPro may, in its sole discretion, at any time, terminate or limit your access to, or use of, the Website or any content. CertiPro may terminate or limit your access to or use of the site if CertiPro determines, in its sole discretion, that you have infringed the copyrights of a third party, that you have violated these Terms of Use, or for any other reason or for no reason. You agree that CertiPro shall not be liable to you or any third-party for any termination or limitation of your access to, or use of, the site or any content, including content that you may have Shared.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
CertiPro has no obligation to monitor the Website or screen content that is Shared on or through the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. However, CertiPro reserves the right to review the Website and content and to monitor all use of and activity on the Website, and to remove or choose not to make available on or through the Website any content in its sole discretion. CertiPro may remove content that is confidential or proprietary to a third party without that third party’s permission.
Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
You agree that you will neither use the Website in a manner, nor Share any content, that:
- Is false, misleading or is likely to deceive any person.
- Is defamatory, derogatory, degrading or harassing of another or constitutes a personal attack.
- Invades another’s privacy or includes, copies or transmits another’s confidential, sensitive or personal information.
- Promote sexually explicit or pornographic material, violence, bigotry, racism, hatred, or harm against any group or individual, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Is obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Violates or infringes or promotes the violation or infringement of any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- You do not have the right and authority to Share and grant the necessary rights and licenses for.
- Promotes any illegal activity, or advocates, promotes, or assists any unlawful act.
- Causes annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonates any person, or misrepresents your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, advertising, solicitation of funds, goods or services, or promotes or advertises goods or services.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
- Contains any viruses, Trojan horses, or other components designed to limit or harm the functionality of a computer.
- Violates the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy [LINK TO PRIVACY POLICY].
CertiPro may report you to the relevant authorities and may act under the fullest extent of applicable laws if you transmit or upload content intended or designed to cause harm.
Security, Passwords, and Means of Accessing the Site and Content
You agree not to access or use the Website in any manner that could damage, disable, overburden, or impair any CertiPro accounts, computer systems, or networks. You agree not to attempt to gain unauthorized access to any parts of the site or any CertiPro accounts, computer systems or networks. You agree not to interfere or attempt to interfere with the proper working of the site or any CertiPro accounts, computer systems or networks. You agree not to use any robot, spider, scraper, or other automated means to access the site or any CertiPro accounts, computer systems, or networks without CertiPro’s express prior written permission.
If any of the services provided by the Website require you to open an account, you must complete the registration process by providing us with current, complete, and accurate information as required by the applicable registration form. You may also be required to choose a password and a username. Access to and use of password protected or secure areas of the site are restricted to authorized users only. You agree not to share your password(s), account information, or access to the site with any other person. You are responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur using your password(s) or account(s) or as a result of your access to the site. You agree to notify CertiPro immediately of any use of your password(s) or account(s) that you did not authorize or that is not authorized by these Terms of Use.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
All information we collect on the Website is subject to our Privacy Policy [LINK TO PRIVACY POLICY]. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Third-Party Websites, Content, Products, and Services
The Website may provide links to websites and access to content, products, and services of third parties, including users, advertisers, affiliates, and sponsors of the Website, and these links are provided for convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. CertiPro is not responsible for third party content provided on or through the site or for any changes or updates to such third-party sites, and you bear all risks associated with the access to, and use of, such websites and third-party content, products, and services.
Geographic Restrictions
The owner of the Website is based in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Persons Not of Age of Majority
Persons who are not of the age of majority (i.e., 18 years of age) are not eligible to use the Website, and you are not allowed to submit to us any information in any way related to any person under the age of 18.
Privacy Policy
CertiPro is concerned about your privacy and has developed a policy to address privacy concerns. For more information, please see CertiPro’s Privacy Policy. Any personal information collected on Website may be accessed and stored globally and will be treated in accordance with CertiPro’s Privacy Policy. You understand that CertiPro collects, uses, processes, possesses, and otherwise stores your personal information and utilization data and may share such data with third party service providers for improving or providing services subject to CertiPro’s Privacy Policy [LINK TO PRIVACY POLICY].
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT (a) the Website or content will meet your requirements; (b) the Website will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the Website or any content provided on or through the Website will be accurate or reliable; or (d) the quality of any content purchased or obtained by you on or through the Website will meet your expectations.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Any content accessed, downloaded, or otherwise obtained on or through the Website is used at your own discretion and risk. CertiPro shall have no responsibility for any damage to your computer system or loss of data that results from the download or use of content.
CertiPro reserves the right to make changes or updates to, and monitor the use of, the Website and content provided on or through the site at any time without notice.
Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS OWNERS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Exclusions and Limitations
Some jurisdictions do not allow the disclaimer or exclusion of certain warranties or the disclaimer, exclusion, or limitation of certain liabilities. To the extent that any of the disclaimers or exclusions contained in these Terms of Use are held to be legally invalid, disclaimers, exclusions and limitations in a jurisdiction, then such disclaimers, exclusions, or limitations will not apply to that specific jurisdiction, and all other terms shall remain in full force and effect.
Indemnification
You agree to defend, indemnify, and hold harmless CertiPro, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, the content you Share and your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, your violation or infringement of any third party rights (including intellectual property rights), or your use of any information obtained from the Website.
Export Restrictions/Legal Compliance
You may not access, download, use or export the Website, or the content provided on or through the Website, in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws, restrictions and regulations of any United States or applicable agency or authority, and to not directly or indirectly provide or otherwise make available any services and products of CertiPro in violation of any such restrictions, laws, or regulations, including, without limitation, laws, restrictions, or regulations pertaining to the development, design, manufacture, or production of nuclear, chemical, or biological weapons or missile technology. As applicable, you shall obtain and bear all expenses related to any necessary licenses, authorizations, and/or exemptions with respect to your own use of the services of CertiPro outside the U.S. Neither the services or products of CertiPro nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, into any country subject to U.S. trade sanctions, (Supplement No. 1 to Part 740, Export Administration Regulations, Country Group E:1), to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions. By agreeing to these Terms of Use, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Availability of Products
Information on the Website may reference or cross-reference CertiPro products, programs, or services that might not be available in your location. Such references do not imply that CertiPro plans to make such products, programs, or services available in your location. Please contact your local CertiPro representative for more information.
Waiver and Severability
No waiver by CertiPro of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of CertiPro to exercise, assert, or enforce a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated, limited or modified to the minimum extent to make such provision as modified legal and enforceable and the remaining provisions of the Terms of Use shall not be affected and shall continue in full force and effect.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use, including your access to, and use of, the Website and content provided on or through or uploaded to the Website, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with United States federal law, if applicable, and the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website, including your access to, and use of, the Website and content provided on or through or uploaded to the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in County of Los Angeles. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
At Company’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.
Limitation to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Electronic Communication
Whenever you visit the Website or send emails to the Company, you are communicating with Company electronically. For that reason, you also consent to receive communications from the Company electronically. We will communicate with you by email (if you have provided your email address to Company), by posting notices on the Website or by such other means as we may determine from time-to-time. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing to the extent permitted by applicable law.
Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and CertiPro regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
Your Comments and Concerns
CertiPro welcomes your comments regarding these Terms of Use and our Privacy Policy. This website is operated by CertiPro Solutions LLC, located at 6122 S. Eastern Ave., Los Angeles, CA 90040.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@certipro.com or by mail to our address stated above.
Copyright/Trademark
Copyright © 2023 CertiPro. All rights reserved.
