Terms of Use

Last Modified: July 2019

CERTUS Terms of Use

Last Modified: July 2019

1. Acceptance of the Terms of Use

These terms of use are entered into by and between you and G&P Networking, LLC (“CERTUS).  The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms of Use”), govern your access to and use of Certusnetwork.com, including any content, functionality and services offered on or through Certusnetwork.com (collectively, the “Website”). 

Please read the Terms of Use carefully before you start to use the Website.  By using the Website, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and the CERTUS Privacy Policy, found at https://certusnetwork.com/terms-of-use/ , 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.   

The 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 or possessions.  By using the Website, you represent and warrant that you are of legal age to form a binding contract with CERTUS and meet all of the foregoing eligibility requirements.  If you do not meet all of these requirements, you must not access or use the Website.

2. Changes to the Terms of Use

CERTUS may revise and update these Terms of Use from time to time in its sole discretion.  All changes are effective immediately when they are posted, and apply to all access to and use of the Website thereafter.  However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.

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 frequently so you are aware of any changes, as they are binding on you.

3. Accessing the Website and Account Security

CERTUS reserves the right to withdraw or amend the Website, and any service or material it provides as part of the Website, in its sole discretion without notice.  CERTUS 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, CERTUS may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

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 the Privacy Policy, and you consent to all actions CERTUS takes with respect to your information consistent with the Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of CERTUS’s 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 user name, password or other security information.  You agree to notify us immediately of any unauthorized access to or use of your user name 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.

CERTUS has the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in CERTUS’s sole discretion for any or no reason, including if, in CERTUS’s opinion, you have violated any provision of these Terms of Use.

4. 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 CERTUS, 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 the Website or as part of Website, except as follows:

You must not:

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 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 cease immediately and you must, at CERTUS’s 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 CERTUS.  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.

5. Trademarks

The “CERTUS” name, the “CERTUS” logo, “CERTUS” and the “CERTUS” logo, and all related names, logos, product and service names, designs and slogans are trademarks of CERTUS or its affiliates or licensors.  You must not use such marks without the prior written permission of CERTUS.   All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

6. 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:

Additionally, you agree not to:

7. User Contributions

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.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the Website will be considered non-confidential and non-proprietary.  By providing any User Contribution on the Website, you grant CERTUS and CERTUS’s affiliates and service providers, and each of their and CERTUS’s respective licensees, successors and assigns, the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose/according to your account settings.

You represent and warrant that:

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not CERTUS, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

CERTUS is not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

8. Monitoring and Enforcement; Termination

CERTUS has the right to:

Without limiting the foregoing, CERTUS has the right to fully cooperate 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 CERTUS AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, CERTUS does not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted.  Accordingly, CERTUS assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.  CERTUS has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

9. Content Standards

These content standards (“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:

10. Copyright Infringement

If you believe that any User Contributions violate your copyright, please see CERTUS’s Copyright Policy below for instructions on sending us a notice of copyright infringement.  It is the policy of CERTUS to terminate the user accounts of repeat infringers.

11. Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes.  CERTUS does not warrant the accuracy, completeness or usefulness of this information.  Any reliance you place on such information is strictly at your own risk.   CERTUS disclaims 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 CERTUS, 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 CERTUS.  CERTUS is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

12. Changes to the Website

CERTUS 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 CERTUS is under no obligation to update such material.

13. Information About You and Your Visits to the website and use of services

All information CERTUS collects is subject to CERTUS’s 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.

14. Online Purchases and Other Terms and Conditions

All purchases through CERTUS’s site or other transactions for the sale of goods, services or information formed through the Website or as a result of visits made by you are governed by the terms of sale and, if applicable, the CERTUS Membership Agreement, which are hereby incorporated into these Terms of Use.

Additional terms and conditions may also apply to specific portions, services or features of the Website.  All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

15. Linking to the Website and Social Media Features

You may link to CERTUS’s homepage, provided you do so in a way that is fair and legal and does not damage CERTUS’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on CERTUS’s part without CERTUS’s express written consent.

This Website may provide certain social media features that enable you to:

You may use these features solely as they are provided by CERTUS, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions CERTUS provides with respect to such features.  Subject to the foregoing, you must not:

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease.  We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in CERTUS’s discretion.

16. Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only.  This includes links contained in advertisements, including banner advertisements and sponsored links.  CERTUS has 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.

17. Geographic Restrictions

CERTUS is based in the United States.  CERTUS provides the 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.

18. Disclaimer of Warranties

You understand that CERTUS cannot and does 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 CERTUS’s site for any reconstruction of any lost data.   CERTUS 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 WEBSITE 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 CONTENT, WEBSITES 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 CERTUS NOR ANY PERSON ASSOCIATED WITH CERTUS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.  WITHOUT LIMITING THE FOREGOING, NEITHER CERTUS NOR ANYONE ASSOCIATED WITH CERTUS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY ITEMS OR SERVICES OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT CERTUS’S SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ITEMS OR SERVICES OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

CERTUS 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 WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

19. Limitation on Liability

IN NO EVENT WILL CERTUS, 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 OR ANY SERVICES OR ITEMS OBTAINED THROUGH 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 WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

20. Indemnification

You agree to defend, indemnify and hold harmless CERTUS, 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, your User Contributions, any use of the Website content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

21. Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use 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 the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado in each case located in the City and County of Denver, although CERTUS retains the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your location of residence or any other relevant location. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

22. Arbitration

At CERTUS’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or 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 Colorado law.

23. Limitation on Time 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.

24. Waiver and Severability

No waiver by CERTUS of any term or condition set forth 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 CERTUS to assert 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 or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

25. Entire Agreement

The Terms of Use, Privacy Policy. Membership Agreement, and any terms of sale constitute the sole and entire agreement between you and CERTUS with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

26. Your Comments and Concerns

The Website is operated by G&P Networking, LLC.

All notices of copyright infringement claims should be sent to the copyright agent designated in CERTUS’s Copyright Policy, below, in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: admin@certusnetwork.com.

 

27. Copyright Policy

CERTUS takes claims of copyright infringement seriously.  CERTUS will respond to notices of alleged copyright infringement that comply with applicable law.  If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from the Service by submitting written notification to CERTUS’s Copyright Agent (designated below).  In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

Our designated Copyright Agent to receive DMCA Notices is:

admin@Certusnetwork.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with CERTUS (a “Counter-Notice”) by submitting written notification to CERTUS’s copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following:

Completed Counter-Notices should be sent to:

admin@Certusnetwork.com

The DMCA allows CERTUS to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

 

It is CERTUS’s policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

 

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