Certintell, Inc. Website and Mobile Application Terms of Use Agreement

Last modified: March 27, 2019

Agreement.

This Website and Mobile Application Terms of Use Agreement governs Your access to and use of all websites, mobile websites, and mobile applications owned and operated by Certintell, Inc. ("Company", "we", "us" or "our"), including, but not limited to our website available at certintell.com and our mobile app, which you can find by searching for CERTINTELL as the developer ID in mobile app stores (collectively, our "Websites and Mobile Apps"). The Websites and Mobile Apps are offered subject to Your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Company's Privacy Policy, incorporated herein by reference) and procedures that may be published from time to time on the Websites and Mobile Apps by Company (collectively, the "Agreement").

Please read this Agreement carefully before you start to use the Websites and Mobile Apps. By accessing, viewing, and using the Websites and Mobile Apps, You agree to be bound by all the terms and conditions of this Agreement and do hereby enter into the Agreement with Company of Your own free will, are of competent age and mental state, and are otherwise fully capable and qualified to be bound.

We may revise and update this Agreement from time to time in our sole discretion and without notice. All changes are effective immediately when we post them and apply to all access to and use of the Websites and Mobile Apps thereafter. Your continued use of the Websites and Mobile Apps following the posting of a revised Agreement 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.

If you do not agree to be bound by the terms of this Agreement, you shall cease all use of the Websites and Mobile Apps and any of their content. If you have installed a Company product/application on any computer or mobile device, you must delete the product/application from your computer or mobile device and cease all use of the software.

Access and Account Security.

We reserve the right to withdraw or amend the Websites and Mobile Apps, and any service or material we provide on the Websites and Mobile Apps, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Websites and Mobile Apps are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Websites and Mobile Apps, or the entire Websites and Mobile Apps, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Websites and Mobile Apps.
  • Ensuring that all persons who access the Websites and Mobile Apps through your internet connection are aware of and complies with this Agreement.

To access the Websites and Mobile Apps 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 Websites and Mobile Apps that all the information you provide is correct, current, and complete. You agree that all information you provide to register with the Websites and Mobile Apps or otherwise, including but not limited to through the use of any interactive features, is governed by our 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 user name, 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 the Websites or Mobile Apps 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.

We have the right to disable any user name, 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 this Agreement.

Intellectual Property Rights.

License.

Company grants to You, and You do hereby accept, a limited, nontransferable, revocable license to access and make personal use of the Websites and Mobile Apps and not to download (other than for page caching), modify, alter, adjust, change, or amend the Websites and Mobile Apps in any way. This license does not include:

  • the right to resale or commercially use the Websites and Mobile Apps or its contents; or the right to make any collection and use of any content, postings, or viewable materials, listings, or descriptions;
  • the right to make any derivative use of the Websites and Mobile Apps or their contents;
  • the right to any downloading or copying of information for the benefit of another merchant;
  • the right to use data mining, robots, spider, offline readers, or similar data gathering and extraction tools;
  • the right to reproduce, duplicate, copy, sell, resell, sublicense, or otherwise exploit the Websites and Mobile Apps or any portion of the Websites and Mobile Apps;
  • the right to frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company; or
  • the right to use any meta tags or any other "hidden text" utilizing Company's name or trademarks.
  • the right to reverse engineer or otherwise decipher, decompile or derive any source code or underlying algorithms or ideas of any part of the Websites and Mobile Apps.
  • the right to use the Websites and Mobile Apps in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Websites and Mobiles Apps, including their ability to engage in real time activities through the Websites and Mobile Apps.
  • the right to use any device, software, or routine that interferes with the proper working of the Websites and Mobile Apps.
  • the right to introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • to attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Websites and Mobile Apps, the server on which the Websites and Mobile Apps are stored, or any server, computer, or database connected to the Websites and Mobile Apps.
  • the right to attack the Websites and Mobile Apps via a denial-of-service attack or a distributed denial-of-service attack.
  • the right to otherwise attempt to interfere with the proper working of the Websites and Mobile Apps.

Engaging in any unauthorized use terminates the permission or license granted herein.

Copyrights.

All content (other than any profile information provided by you), compilation of content, and software included or used on the Websites and Mobile Apps, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, is the property of Company or its content suppliers and is protected by United States and international copyright laws. You hereby agree not to make any use of any of the copyrighted material or content appearing on the Websites and Mobile Apps, without the express prior written permission of Company.

Trademarks.

Company's trademarks, identified on the Websites and Mobile Apps with a ™ or ®, are the exclusive property of Company. All other trademarks not owned by Company that appear on the Websites and Mobile Apps are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Company. You hereby agree not to make any use of any of the trademarks appearing on the Websites and Mobile Apps, without the express written permission of Company.

Prohibited Uses.

You may use the Websites and Mobile Apps only for lawful purposes and in accordance with this Agreement. You agree not to use the Websites and Mobile Apps:

  • 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 do not comply with this Agreement.
  • 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 e-mail addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Websites and Mobile Apps, or which, as determined by us, may harm the Company or users of the Websites and Mobile Apps or expose them to liability.

Personal Information.

You hereby agree and acknowledge that Company may utilize electronic means of information capture and usage such as cookies, domain name and host capture, browser software capture, IP address capture, and the like. Company reserves the right to collect and use such information in accordance with generally accepted industry practices. Company may transmit such information to You or, at Your request, third parties in paper or unencrypted electronic form (e.g. e-mail) and by using the Websites and Mobile Apps, You hereby consent to such transmission. If You actively submit personal information to Company, Company shall use commercially reasonable efforts to safeguard and protect such information and to use such information only for the purposes intended; however, you acknowledge that the submission of personal information is at your risk and that you waive all warranties and limits all liability associated with such information to the fullest extent permitted under the law.

When a subscription to Company is subsidized or provided by a third party, including but not limited to an employer, health care professional, an insurer, a clinical research center or clinic, we may share personally identifiable data in order to meet the conditions of the contract with the subsidizing organization.

Disclaimer of Warranties and Waivers; Limitation on Liability.

The Websites and Mobile Apps are provided "as is". We make no warranty of any kind with regard to the products, content, software, information, or services provided herein, all such express or implied warranties are expressly waived to the fullest extent allowed by law, including, without limitation, warranties of fitness for particular purpose and warranties of merchantability. We do not warrant that the Websites and Mobile Apps are free from computer viruses or other harmful electronic objects and components. We shall not be liable to you for any damages of any kind arising out of the use of the Websites and Mobile Apps, including, without limitation, punitive, direct, indirect, incidental, and consequential damages. As to the operation of the Websites and Mobile Apps or the information, content, materials, or products included on the Websites and Mobile Apps, you expressly agree that your use of the Websites and Mobile Apps is at your sole risk.

You understand that when using the Websites and Mobile Apps, you may be exposed to material that may be or is inaccurate, offensive, indecent, or objectionable to you. Company is not responsible for the foregoing as well as accuracy, usefulness, safety, or intellectual property rights of or relating to your submissions. You hereby agree to waive any and all legal or equitable rights or remedies that you may have or may have against Company with respect thereto.

To the fullest extent provided by law, in no event will the Company, 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 Websites and Mobile Apps, any websites linked to it, any content on the Websites and Mobile Apps 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.

Indemnification.

You agree to defend, indemnify and hold Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns harmless from any claims, liabilities, damages, demands, judgments, awards, losses, costs, expenses, or fees, including reasonable attorneys' fees, arising out of or relating to Your violation of this Agreement, Your violation of any law or the rights of any third party, or your use of the Websites and Mobiles Apps, including, but not limited to, Your use of the Websites and Mobiles Apps’ content, services, and products other than as expressly authorized in this Agreement or your use of any information obtained from the Websites and Mobile Apps.

Applicable Law.

By visiting the Websites and Mobile Apps, You agree that any disputes concerning or involving these Conditions of Use, or the use of the Websites and Mobile Apps, shall be governed in accordance with the laws of the State of Iowa. You hereby consent to the personal jurisdiction of the courts of the State of Iowa for resolution of all disputes concerning or involving this Agreement, or Your use of the Websites and Mobile Apps.

Amendment.

Company reserves the right to amend this Agreement at any time, by posting on the Websites and Mobile Apps said amended Agreement, Your use and continued use of the Websites and Mobile Apps is deemed an agreement to be bound by any such Amendments.

Limitations On Actions.

You agree that any cause of action that may arise, result, or occur as a result of your use of the Websites and Mobile Apps, or from entering into this Agreement, must be commenced not longer than one (1) year from the date such cause of action accrues, otherwise you waive all right to bring such cause of action and such action is forever barred and discharged.

Transferability.

You agree that Your rights and obligations under this Agreement may not be transferred, assigned, licensed, or otherwise alienated without the express written permission of Company, wherein said permission may be denied for any reason.

Reporting Copyright Violations.

If You believe that a user of the Websites and Mobile Apps has violated or is violating Your copyright rights due to that user's illegal, unlawful, or otherwise improper conduct, You (the copyright owner) or Your agent may submit a notification pursuant to the Digital Millennium Copyright Act 17 U.S.C. § 512(c)(3) ("DMCA") by providing our Copyright Agent with the following information in writing:

  • a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  • information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and, if available, an electronic mail;
  • a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You acknowledge that if You fail to comply with all of these requirements, Your DMCA notice may not be valid.

Company's designated Agent to receive notifications of claimed infringement is:

Matthew Warner-Blankenship Attorney and Designated Agent for Company Davis Brown Law Firm 215 10th Street, Ste. 1300 Des Moines, Iowa 50309

Telephone
515-288-2500
Facsimile
515-243-0654
E-mail
mwbdmca@davisbrownlaw.com

Failure to comply with all of the requirements of the foregoing, may result in the waiver or invalidity of the DMCA. You may be liable for damages, including court costs and attorney's fees if You materially misrepresent that content on the Websites and Mobile Apps constitutes copyright infringement.

Company will advise the alleged infringer of the DMCA statutory counter-notification procedure as described in the DMCA, at which time the alleged infringer may respond to Your claim and ask that the content at issue be restored.

Upon receiving Your notification of alleged copyright infringement, as set forth above, Company will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of Your claim. In accordance with the DMCA, Company has implemented a policy to terminate, when appropriate, access to the Websites and Mobile Apps of any repeat infringer. As stated above, Company may terminate Your access at any time for any or no reason.

Links and Third Party Websites.

We have not reviewed, and cannot review, all of the material, including computer software, made available through the third party websites and webpages to which Company links, and that link to the Websites and Mobile Apps. Company does not control websites and webpages and is not responsible for their contents or their use. By linking to a website or webpage, Company does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect Yourself and Your computer systems from viruses, worms, Trojan horses, logic bombs, and other material that is malicious or technologically harmful (collectively, the "Technologically Harmful Content"). Additionally, You agree not to introduce any Technologically Harmful Content to the Websites and Mobile Apps. Company disclaims any responsibility for any harm resulting from your use of third party websites and webpages.

Privacy Policy.

You agree to be bound by our Privacy Policy, which is incorporated into this Agreement by reference as if fully set forth herein.

Ability to Accept Terms of Service.

The Website and Mobile Apps are offered and available to users who are 18 years of age or older. You affirm that You are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set from in this Agreement, and to abide by and comply with this Agreement. If You are under 18 years of age, you shall not access or use the Websites and Mobile Apps.

Your Account.

If You create an account on the Websites and Mobile Apps, You are responsible for maintaining the security of Your account, and You are fully responsible for all activities that occur under the account. You must immediately notify Company of any unauthorized uses of Your account or any other breaches of security. Company is not liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Websites Visitors and Mobile Apps Visitors.

Company has not reviewed, and cannot review, all of the material, including links to computer software, posted to the Websites and Mobile Apps by users, and Company cannot therefore be responsible for that material's content, use or effects. By operating the Websites and Mobile Apps, Company does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect Yourself and Your computer systems from Technologically Harmful Content. The Websites and Mobile Apps may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Websites and Mobile Apps may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Company disclaims any responsibility for any harm resulting from the use by visitors of the Websites and Mobile Apps, or from any downloading by those visitors of content there posted.

Security.

You are solely responsible for the data provided by You to the Websites and Mobile Apps, including its accuracy and security. In the event Company becomes aware of a security breach, including the unauthorized access of Your data utilizing the Websites and Mobile Apps which is not deemed to be a breach initiating with You, then Company will provide notice to You of such a breach within the applicable time period after becoming aware of such breach. Such notice may be provided by e-mail or letter sent by regular mail to the contact information placed on file with Company. Company is not responsible for any damages relating to the improper utilization of data or breach of security provisions.

Intellectual Property.

This Agreement does not transfer from Company to You any Company or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Company. Any trademarks, service marks, graphics and logos used in connection with the Websites and Mobile Apps may be the trademarks of Company or other third parties. Your use of the Websites and Mobile Apps grants You no right or license to reproduce or otherwise use any Company or third-party trademarks.

Medical Information/Disclaimer.

While there may be information on the Websites and Mobile Apps related to certain medical conditions and their symptoms, side effects and treatment, along with information about particular medication, should a medical condition exist, promptly see your health care provider. 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 Websites and Mobile Apps, or by anyone who may be informed of any of its contents. Company does not, under any circumstances, offer a personalized medical diagnosis or patient-specific treatment advice. Material contained on the Websites and Mobile Apps or listed as a reference is a general review of the issues, and must not be considered as a substitute for sound medical advice from your personal provider on your own independent situations. Certain health care professionals are involved with the company but they do not provide any medical advice. You must consult with your physician or other qualified health care professional before using any product or service or otherwise using any material discussed within the Websites and Mobile Apps.

By using the Websites and Mobile Apps, You acknowledge that Company is not engaged in the practice of medicine and that all decisions made using the Company content will be the exclusive responsibility of You and your physician. Company expressly disclaims any responsibility or liability for any adverse consequences or damages resulting from your reliance on the Company content. You agree, at your expense, to indemnify and hold Company harmless from any and all losses, liabilities, or damages resulting from any and all claims, causes of action, suits, proceedings, or demands against Company arising from or related to decisions or recommendations You make using the Company content.

Termination.

Company may terminate Your access to all or any part of the Websites and Mobile Apps at any time, with or without cause, with or without notice, effective immediately. If You wish to terminate this Agreement or Your account (if You have one), You may simply discontinue using the Websites and Mobile Apps. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Your Representation and Warranty.

You represent and warrant that (i) Your use of the Websites and Mobile Apps will be in strict accordance with Company's Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in Iowa regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside) and (ii) Your use of the Websites and Mobile Apps will not infringe or misappropriate the intellectual property rights of any third party.

Compliance of Laws.

You represent and warrant that Your use of the Websites and Mobile Apps complies with all applicable laws and regulations.

No Endorsement.

In no event shall any reference to any third party or third party product or third party service be construed as an approval or endorsement by us of that third party or of any product or service provided by such third party.

Communication.

You and all users of the Websites and Mobile Apps accept and allow Company to communicate with him or her by any means or at any location. You hereby expressly consent to Company sending or otherwise communicating with you for any purpose (including, without limitation, for advertising, telemarketing, or other marketing or promotional purposes, or for sending or notifying you about special offers, updates, newsletters or other informational purposes) via any electronic means or forms as Company deems appropriate in its sole discretion. You may opt-out of receiving any communication as described in this Agreement at any time by following the opt-out instructions in any such communication you have received and would like to opt-out of. You may also opt-out of receiving certain communications by managing your electronic communication preferences through your User Account (if applicable), or by contacting us at our Contact Information below.

Your Content.

You may submit comments, testimonials, or other content to us (collectively, "Content") via e-mail links on the Websites and Mobile Apps. You grant to us a royalty-free, perpetual, irrevocable, non-exclusive, worldwide right and license (with the right to sublicense through multiple tiers) to (a) use, reproduce, distribute, modify, create derivative works of, publicly display, and publicly perform Your Content in any media now known or not currently known; and (b) make, have made, sell, offer for sale, import, and otherwise transfer Your Content (collectively, "Use"). You retain all ownership rights in and to Your Content. Any Use of Your Content will be in accordance with our Privacy Policy. Notwithstanding any terms in our Privacy Policy, the Websites and Mobile Apps may post on the Websites and Mobile Apps any testimonial You submit to us. We will attribute Your testimonial to You by posting Your first and last initial or Your first name and last initial next to Your testimonial.

Contact Information.

Any feedback, comments, requests for technical support, and other communications relating to the Websites and Mobile Apps should be directed to:

Certintell, Inc. Attn: Upper Management and Legal Resources 317 6th Ave Suite 901 Des Moines, IA 50309

E-mail
info@certintell.com
Phone
800-946-9143