Acceptance of Terms

Certify Global Inc. (“CERTIFY”) owns this website (“Site”) and all of the services accessible through or described in the Site (“Services”). By using the Site or the Services, you agree to these Terms of Use. By using the Site or the Services on behalf of an organization, you agree to these Terms of Use on behalf of that organization. The term “you” and “your” refer to any person or organization who uses the Site or the Services.

All use of the Site or the Services must comply with these Terms of Use, unless you have entered into a separate written agreement with CERTIFY, in which case any terms of the agreement that are inconsistent with these Terms of Use will be controlling.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THE SITE OR THE SERVICES.

Changes to Terms

CERTIFY may modify these Terms of Use at any time, with or without notice. Any changes to these Terms of Use will be effective immediately upon being posted. By continuing to use the Site or the Services after such changes are posted, you agree to such changes. If you do not agree to such changes, you may not continue to use the Site or the Services.

Changes to Site or Services

CERTIFY may modify the Site or the Services at any time, with or without notice. CERTIFY makes no representations as to whether the information regarding the Site or the Services is current and undertakes no obligation to update such information.

Termination

You may stop using the Site or the Services at any time. CERTIFY may suspend or terminate operation of the Site or the Services, or your access to the Site or the Services, at any time, with or without notice. CERTIFY may suspend or terminate such operation or access for any reason, including: (1) maintenance on the Site or the Services; (2) non-payment of any fees you have agreed to pay to use the Services; (3) prevention of any actual, attempted, threatened, or suspected violation of these Terms of Use; or (4) compliance with any order, subpoena, legal process, law, rule, regulation, or request from a law enforcement agency. CERTIFY may notify you of any such suspension or termination, but is not required to provide such notification.

Intellectual Property

The Site and the Services may be protected by patent, trademark, copyright, and other intellectual property laws in the United States and other countries. All intellectual property rights in the Site and the Services are reserved to CERTIFY and are not licensed or otherwise transferred to you as a result of the use of the Site or the Services. Any violation of such rights may subject you to civil or criminal liability.

  • Patents

    All patent rights relating to the Services, including any patent rights in any CERTIFY products associated with the Services, are owned by CERTIFY. You may not use any products or services subject such rights without CERTIFY’s prior written permission. All patent rights in third-party products or services used in connection with the Services are the property of their respective owners.

  • Trademarks

    All of the trademarks used in connection with the Site and the Services are owned by CERTIFY, including the trademarks CERTIFY, CERTIFY GLOBAL, CERTIFY HEALTHCARE, and AUTHENTICATING THE WORLD. You may not use any of CERTIFY’s trademarks without prior written permission. All other trademarks appearing on this website are the property of their respective owners.

  • Copyrights

    All copyrights in the Site and the Services are owned by CERTIFY, including all text, graphics, photographs, and/or videos, as well as the design, structure, arrangement, and “look and feel” of all text, graphics, photographs, and/or videos, and all source code, object code, and other code (“Content”). You may not reproduce, distribute, perform, or display any Content without CERTIFY’s prior written permission, except as otherwise provided. You may not link any Content to any other website without CERTIFY’s prior written permission.

  • Acceptable Use of Content

    You may use excerpts of the text appearing on the Site when referring to CERTIFY or the Services, provided that you acknowledge that CERTIFY is the source of such text and do not use such text to compete with CERTIFY. You may use the trademarks appearing on this website when referring to CERTIFY or the Services, provided that you acknowledge CERTIFY’s ownership of the trademarks, do not use such trademarks to compete with CERTIFY, and do not use any images of the trademarks without CERTIFY’s prior written permission.

Linked Sites

This website may contain links to third-party websites (“Linked Sites”). Linked Sites are not under CERTIFY’s control, and CERTIFY is not responsible for any of the content on Linked Sites or any products of services offered by the companies who own or operate the Linked Sites.

Prohibited Actions

You agree that you will not use the Site, the Services, or any systems associated with the Services without CERTIFY’s prior written permission, except as provided by these Terms of Use or by another agreement with CERTIFY, or to perform any illegal activity or other activity that violates any rights of CERTIFY or any third parties. You agree that you will not gain or attempt to gain unauthorized access to the Site, the Services, or any systems associated with the Site or the Services by any improper means, including hacking or attempting to hack into the Site, the Services, or any systems associated with the Services. You agree that you will not use or attempt to use anyone else’s information, including anyone else’s account information, in order to gain or attempt to gain access to the Site, the Services, or any systems associated with the Services. You agree that you will not interfere or attempt to interfere with the proper working of the Site, the Services, or any systems associated with the Services. You agree that you will not use any device that CERTIFY has provided to you without CERTIFY’s prior written permission, except as provided by these Terms of Use or by another agreement with CERTIFY, or to perform any illegal activity or other activity that violates any rights of CERTIFY or any third parties.

Your Account

You will need to open an account to use the Services. To open an account, you will be required to create a CERTIFY username and password and to provide CERTIFY with certain information. Once you open an account, you may use the Services, subject to these Terms of Use and any other terms to which you have agreed. You may not use the Services for any other purpose without CERTIFY’s express written permission.

You may be required to pay fees to use the Services. You agree to pay such fees pursuant to the terms indicated when you sign up to use the Services. CERTIFY reserves the right to change such fees at any time and may suspend or terminate your access to the Services for your nonpayment of such fees.

You agree that you are responsible for maintaining the security of your account information and for any and all activity that occurs under your account. You agree to notify CERTIFY immediately of any unauthorized use of your account or any other breach of the security of your account information.

Access to Information in Account

You may access or request access to the information in your account at any time. If you indicate that you no longer wish to use the Services, or that you no longer agree to these Terms of Use, or if your access to this website or the Services is terminated, any such request must be made with thirty (30) days following such termination, except as otherwise provided. If you do not request such access within this time frame, or if your access to the Services is terminated due to your actual, attempted, threatened, or suspected violation of these Terms of Use, CERTIFY will have no obligation to maintain such information, and such information may no longer be retrievable. You can access such information through your account or by sending a request to: support@certifyglobal.com.

Updates to Information in Account

You agree to promptly update the information in your account if such information changes, particularly your name, address, telephone number, and email address. You can update such information through your account or by sending a request to: support@certifyglobal.com.

CERTIFY reserves the right to decline commercially unreasonable request to update your information, such as requests to update our backup systems.

Disclaimers

THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS-IS” BASIS.

CERTIFY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR SATISFACTORY QUALITY.

CERTIFY DISCLAIMS ALL WARRANTIES THAT YOUR USE OF THE SITE OR THE SERVICES WILL PROVIDE SPECIFIC RESULTS, THAT THE SITE OR THE SERVICES WILL BE ERROR-FREE, THAT THE SITE OR THE SERVICES WILL BE COMPATIBLE WITH ALL COMPUTER SYSTEMS OR SOFTWARE, THAT ACCESS TO THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, OR THAT THE SITE OR THE SERVICES WILL BE FREE OF VIRUSES OR OTHER ATTACKS BY THIRD PARTIES.

CERTIFY DISCLAIMS ANY AND ALL WARRANTIES REGARDING YOUR USE OF THE SITE OR THE SERVICES, YOUR USE OF ANY LINKED SITES OR ANY THIRD-PARTY PRODUCTS OR SERVICES, YOUR VIOLATION OF ANY OF THESE TERMS OF USE, OR OUR USE OF YOUR INFORMATION IN ACCORDANCE WITH OUR PRIVACY POLICY.

Limitations on Liability

Notwithstanding any other provision of these Terms of Use, you agree that CERTIFY will not be liable to you for any damages, unless such liability is found to have been caused by our gross negligence or intentional misconduct, arising from or related to the following:

  • Your use of the Site or the Services;
  • Your use of any Linked Sites or any third-party products or services;
  • Your actual, attempted, or threatened violation of these Terms of Use;
  • Any use of your information in accordance with our Privacy Policy; or
  • Any acts or omissions of any third parties affecting the Site or the Services, including any breach of the security of our systems.

You agree that this limitation on liability applies to any direct, indirect, consequential, incidental, exemplary, or punitive damages, any accounting of profits, or any lost profits, under any theory of liability, including breach of contract, negligence, or otherwise, regardless of whether CERTIFY has been advised of the possibility of such damages.

You further agree that CERTIFY’s liability to you in no event will exceed any fees you have paid to CERTIFY during the month prior to the date of your initial claim or $100 if you have not paid any fees to CERTIFY.

You further agree that your sole remedy for your dissatisfaction with the Site or the Services is to stop using the Site or the Services.
The parties agree that these limitations on liability apply to all disputes between the parties, regardless of whether the disputes are resolved through negotiations between the parties or in litigation or other legal proceedings, including mediation or arbitration, or in any other manner.
These limitations on liability are part of the basis of the bargain between the parties, and without these limitations, CERTIFY would not provide access to the Site or the Services on the same terms or at the same price it currently provides such access.

IF YOU DO NOT AGREE TO THESE LIMITATIONS ON LIABILITY, YOU MAY NOT USE THE SITE OR THE SERVICES.

Indemnity

You agree to indemnify and hold harmless CERTIFY and its affiliates, and their directors, officers, employees, and agents against all claims by third parties resulting in any liabilities, judgments, awards, or costs (including legal fees and expenses) arising from or related to your use or misuse of the Site or the Services.

Governing Law and Jurisdiction

The parties will attempt, promptly and in good faith, to resolve any dispute they may have regarding any issue. If the parties are unable to resolve any such dispute within a reasonable time (not to exceed ninety (90) days), the dispute may be resolved through litigation or other legal proceedings.

The parties agree that any claims related to their dispute must be brought within one (1) year after the cause of action arises, or such claim or cause of action will be barred.

The parties agree that any litigation or other legal proceedings regarding their dispute will be governed by the laws of the State of Maryland and will be brought in state court in Montgomery County, Maryland, except that disputes relating to CERTIFY’s intellectual property may be brought in federal court in the State of Maryland or the Eastern District of Virginia. The parties agree to waive any objection to such jurisdiction or venue.

Jury Trial

You agree that, in the event of any litigation or other legal proceedings between the parties, you will waive your right to a jury trial.

Injunctive Relief

You agree that your actual, attempted, or threatened violation of these Terms of Use will cause irreparable harm to CERTIFY for which there is no adequate remedy at law and that CERTIFY may seek any injunctive or equitable relief it deems appropriate in such circumstances. These remedies are in addition to any other remedies CERTIFY may have at law or in equity.

Attorneys’ Fees and Costs

You agree that, in the event CERTIFY prevails in any legal proceeding arising from or related to your actual, attempted, or threatened violation of these Terms of Use, CERTIFY will be awarded its attorneys’ fees and costs in addition to any other relief to which CERTIFY is entitled.

Entire Agreement

These Terms of Use constitute the entire agreement between CERTIFY and you regarding the Site and the Services, unless you have entered into a separate written contract with CERTIFY, in which case any terms of the contract that are inconsistent with these Terms of Use will be controlling.

Severability

You agree that, if a court holds any portion of these Terms of Use to be unenforceable for any reason, such portion will be enforced to the maximum extent possible and the remainder of these Terms of Use of use will be enforceable as written.

Waiver

You agree that CERTIFY’s failure to insist upon or enforce strict performance of any of the provisions of these Terms of Use or to exercise any rights or remedies under these Terms of Use will not be construed as a waiver of its right to assert or rely upon any such provision, right, or remedy in that or any other instance.

Assignment

CERTIFY may assign, transfer, or otherwise dispose of its rights and obligations under these Terms of Use, in whole or in part, at any time, with or without notice. You may not assign, transfer, or otherwise dispose of your rights and obligations under these Terms of Use without CERTIFY’s prior written permission.

Privacy Policy

CERTIFY’S Privacy Policy can be found at www.certifyglobal.com/privacy. CERTIFY’S Privacy Policy is an integral part of these Terms of Use and is incorporated into these Terms of Use by reference.

Questions

Questions regarding any aspect of these Terms of Use, including CERTIFY’s Privacy Policy, should be directed to CERTIFY at info@certifyglobal.com.