iCert, Inc.
Effective Date: October 1, 2024
Please read these Terms and Conditions (“Terms”) carefully before using the iCert website and the iCert mobile application (collectively referred to as the “Service”) operated by iCert, Inc. (“us,” “we,” or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be required to provide certain information relevant to your Purchase, including, but not limited to, your credit card number, expiration date, billing address, and shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with your Purchase; and (ii) the information you provide is true, accurate, and complete.
The Service may utilize third-party services for payment processing. By submitting your information, you grant us the right to share that information with these third parties as outlined in our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including, but not limited to, product or service availability, errors in product descriptions or pricing, or if fraud or unauthorized transactions are suspected.
We are continually updating our product and service offerings on the Service. As a result, there may be delays in updating information on the Service and in our advertising on other websites. The information on the Service may contain errors or inaccuracies and may not be complete or current. We cannot guarantee the accuracy or completeness of any information found on the Service.
We reserve the right to change or update information and correct errors, inaccuracies, or omissions at any time without prior notice.
Any contests, sweepstakes, or other promotions (collectively, “Promotions”) made available through the Service may be governed by separate rules. If you participate in any Promotions, please review the applicable rules and our Privacy Policy. In the event of a conflict between the rules for a Promotion and these Terms, the Promotion rules will take precedence.
Users under the age of 18 (a “Minor”) must have their legal guardian or parent agree to these Terms and our Privacy Policy on their behalf. The legal guardian or parent is responsible for all actions taken under the account. We do not share any personal data unless we have your consent, it is required by law, or necessary to continue providing our Service.
We do not knowingly collect or store sensitive data or personally identifiable information from anyone under the age of 13. In accordance with COPPA, we do not target or market our services to children under 13.
When you create an account, you confirm that you are at least 13 years old and that the information you provide is accurate, complete, and current. Inaccurate or outdated information may result in the immediate termination of your account.
You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account and password. Notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our discretion.
We respect the intellectual property rights of others. If you believe that any content on the Service infringes your copyright or other intellectual property rights (“Infringement”), please submit your claim via email to [email protected], with the subject line: “Copyright Infringement.” Include a detailed description of the alleged Infringement in your claim.
You may be held liable for damages (including costs and attorney’s fees) for misrepresentation or bad-faith claims regarding any content found on or through the Service.
To submit a notification under the Digital Millennium Copyright Act (DMCA), provide our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):
- An electronic or physical signature of the person authorized to act on behalf of the copyright owner;
- A description of the copyrighted work that you claim has been infringed, including the URL where the copyrighted work exists or a copy of the copyrighted work;
- Identification of the URL or location on the Service where the material you claim is infringing is located;
- Your address, telephone number, and email address;
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
You can contact our Copyright Agent via email at [email protected].
This Service does not permit the distribution of content; downloading or copying account information for the benefit of another merchant; or the use of data mining, robots, or similar data gathering and extraction tools. Content may not be reproduced, sold, resold, visited, or exploited without iCert’s express written consent. Our trademarks and trade dress may not be used in connection with any product or service without prior written permission from iCert, Inc.
Our Service may contain links to third-party websites or services not owned or controlled by iCert, Inc. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.
You acknowledge and agree that iCert, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, at our sole discretion, for any reason, including but not limited to a breach of these Terms.
If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms that by their nature should survive termination shall remain in effect, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
You agree to defend, indemnify, and hold harmless iCert, Inc. and its licensees, licensors, and their employees, contractors, agents, officers, and directors from and against any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including attorney’s fees) arising from (a) your use of the Service, or (b) a breach of these Terms.
In no event shall iCert, Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including, but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of, or inability to access or use, the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
iCert, Inc., its subsidiaries, affiliates, and licensors do not warrant that (a) the Service will function uninterrupted, secure, or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Washington, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede any prior agreements we might have had regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
