Terms of Use

Last updated: June 11, 2013

Please review these Terms of Use (the “Terms”) carefully before using this Web site.  These Terms constitute a legal agreement between you and Certus Technology Systems, Inc. (“Certus”) governing your use of http://www.Certustechsys.com/ (this “Web site”).  These Terms incorporate Certus’s Privacy Policy, which also may be accessed by clicking on the words “Privacy Policy” at the bottom of each page of this Web site.

By using, accessing or downloading any materials from this Web Site, you agree to be bound by the Terms.  If you do not agree with these Terms and Certus’s Privacy Policy, do not use this Web site.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CERTAIN CERTUS WEB SITES INCLUDING, BUT NOT LIMITED TO PASSWORD PROTECTED SITES, CONTAIN TERMS OF USE IN ADDITION TO OR DIFFERENT FROM THESE TERMS, AND THE TERMS OF USE POSTED ON SUCH WEB SITES SHALL APPLY.

 

GENERAL USE RESTRICTIONS

All information, documents, products, software, and services provided on this Web site (the “Materials”) were provided by Certus, by the Materials’ respective manufacturers, authors, developers and vendors, or by users of this Web site (the “Third Party Providers”) and are the copyrighted work of Certus and/or the Third Party Providers.  Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Certus or the Third Party Provider. No part of this Web site, including logos, graphics, sounds or images, may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of Certus. You also may not, without Certus’s prior express written permission, “mirror” any Material contained on this Web site on any other server.

Nothing on this Web site shall be construed as conferring any license under any of Certus’s or any Third Party Provider’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.

Permission is granted to display, copy, distribute and download Certus Materials on this Web site provided that: (1) both the copyright notice included at the end of these Terms and this permission notice appear in such Materials, (2) the use of such Materials is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer or broadcast in any media, and (3) no modifications of any of the Certus Materials are made. This permission terminates automatically without notice if you breach any of these Terms. Upon termination, you will immediately destroy any downloaded and printed Materials.  You may not post, modify, distribute, or reproduce any non-Certus copyrighted or other proprietary Materials without obtaining the prior written consent of the copyright owner.  Any unauthorized use of any Materials contained on this Web site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.  We may terminate a user account, deny access to a site or service, or terminate any user who is alleged to have infringed the copyright or other proprietary right of another.

 

THIRD PARTY CONTENT DISCLAIMER

Materials provided by Third Party Providers have not been independently authenticated in whole or in part by Certus.  Certus does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by Certus.

 

LINKS TO THIRD PARTY SITES

This Web site may be linked to other Web sites which are not under the control of and are not maintained by Certus. Certus is not responsible for the content of those sites. Certus is providing these links to you only as a convenience, and the inclusion of any link to such sites does not imply endorsement by Certus of those sites.

 

DIGITAL MILLENIUM COPYRIGHT ACT NOTICE

If you believe that your copyrighted material has been violated by any Materials, please send written notice to Certus’s Designated Agent and include the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • A description of the copyrighted work you claim to have been infringed;
  • A description  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 us to locate the material;
  • Your address, telephone number, and email address;
  • 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 your notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Certus’s Designated Agent for claims of copyright infringement can be reached at:
Legal Department
Certus Technology Systems, Inc.
3450 Sacramento St. #327
San Francisco, CA 94118
Attn:  Copyright Agent
Email:  info@certus-inc.com

If the disputed Materials were posted by a third party identifiable through reasonable efforts, we will provide reasonable notice of the claim to the third party.  If the third party responds with a valid counter-notification, we will provide you with a copy so that you may take any other steps you may consider appropriate.

 

LOCAL LAWS; EXPORT CONTROL

Certus controls and operates this Web site from its headquarters in the United States of America and makes no representation that these Materials are appropriate or available for use in other locations. You may not use, download or export the Materials in violation of U.S. export laws and regulations. If you use this Web site from other locations, you do so on your own initiative and are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.

 

TRADEMARKS

The trademarks, logos and service marks (“Marks”) displayed on this Web site are the property of Certus, Certus’s affiliates in the United States and other countries, or third parties.  Users are not permitted to use these Marks without the prior written consent of Certus or the third party that owns the Mark.   “Certus” is a registered trademark of Certus Technology Systems, Inc.

 

RESTRICTED RIGHTS

The Materials are provided with “Restricted Rights”. Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 227.7202-3 and FAR 52.227-19. Use of the Materials by the Government constitutes acknowledgement of Certus’s proprietary rights in them.

 

NO WARRANTY

THE SOFTWARE, DOCUMENTS, INFORMATION, AND MATERIALS CONTAINED ON THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER CERTUS NOR ITS AFFILIATES (A) REPRESENTS, WARRANTS OR GUARANTEES THAT THIS WEB SITE OR THE INTERNET GENERALLY WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS WEB SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR (B) MAKES ANY RESPRESENTATION, WARRANTY OR GUARANTY REGARDING (1) THE OPERATION OR PERFORMANCE OF THIS WEB SITE OR ANY THIRD PARTY SITE, (2) THE NATURE, CONTENT OR ACCURACY OF ANY INFORMATION, MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS WEB SITE OR ANY THIRD PARTY SITE, (3) ANY PRODUCT OR SERVICE PURCHASED ON OR THROUGH THIS SITE OR ANY THIRD PARTY SITE OR OBTAINED AS A RESULT OF ANY INFORMATION OR MATERIAL ON THIS WEB SITE, OR (4) THE INTERNET GENERALLY.  NO ADVICE OR INFORMATION GIVEN BY CERTUS, ITS AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES THROUGH THIS WEBSITE OR OTHERWISE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

 

DISCLAIMERS

THE MATERIALS OR CONTENTS OF THIS WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.  CERTUS OR ITS THIRD PARTY PROVIDERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED IN THIS WEB SITE AT ANY TIME WITHOUT NOTICE.  IN ADDITION, CHANGES ARE PERIODICALLY MADE TO THE INFORMATION CONTAINED IN THIS WEB SITE.   CERTUS WILL STRIVE TO INCORPORATE SUCH CHANGES IN NEW EDITIONS OF THE WEB SITE, HOWEVER, CERTUS MAKES NO COMMITMENT TO UPDATE THE MATERIALS OR CONTENT OF THIS WEB SITE.

 

LIMITATION OF LIABILITY

CERTUS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF YOUR USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS OR OTHER CONTENT ON THIS WEB SITE.  IN NO EVENT SHALL CERTUS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) HOWEVER IT ARISES, WHETHER FOR BREACH OR IN TORT, EVEN IF CERTUS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEB SITE AND WILL NOT MAKE A CLAIM AGAINST CERTUS FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD CERTUS HARMLESS FROM, AND YOU COVENANT NOT TO SUE CERTUS FOR, ANY CLAIMS BASED ON USING THIS WEB SITE.

 

INFORMATION PROVIDED TO CERTUS OR POSTED ON THIS WEB SITE

Except as otherwise agreed in writing with an authorized Certus representative, any material, information or other communication you transmit or post to this Web site will be considered non-confidential (“Communications”).  By posting any Materials on this Web site, including but not limited to communications, data, images, sounds, text, and other things embodied therein, you declare that you own all proprietary rights over the posted Materials and grant Certus and its designees a perpetual, non-exclusive, royalty-free license right to display, use, reproduce, modify, distribute, make available to the public and otherwise use the posted Materials in any media, software or technology of any kind now existing  for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this Web Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.

 

USE OF PERSONALLY IDENTIFIABLE INFORMATION

Information submitted to Certus through forms on, or otherwise through, this Web site is governed by Certus’s Privacy Policy, which is incorporated into and made a part of these Terms.

 

SECURITY / NO DISRUPTION

Access to and use of password protected and/or secure areas of this Web site is restricted to authorized users only.  You agree that you will comply with any security processes and procedures (such as passwords) specified by Certus with respect to access to or use of this Web site. You also agree not to access or attempt to access any areas of or through this Web site which are not intended for general public access unless you have been provided with a user ID and password by Certus. You agree that you will not disrupt the functioning of this Web site or otherwise act in a way that interferes with other users’ use of this Web site.

 

FAILURE TO COMPLY

Certus has the right to terminate, suspend or restrict your access to this Web site, in whole or in part, unilaterally and without notice if you violate any of these Terms.  Certus also reserves any and all remedies at law or equity with respect to your violation of these Terms.

 

CHANGES TO THESE TERMS

Certus may change these Terms at any time without notice by posting revised Terms on this Web site.  If Certus does so, it will change the “Last Updated” date at the beginning of these Terms.  Changes to these Terms will be effective upon posting.  By continuing to use this Web site after changes are posted, you accept the changes and agree to them.

 

GOVERNING LAW; JURISDICTION

For purposes of determining the governing law of this Agreement, the parties expressly agree that Certus is the proponent of this Agreement and the transactions embodied herein.  Any action related to these Terms will be governed by Massachusetts law and controlling U.S. federal law.  No choice of law rules of any jurisdiction will apply.  The parties specifically agree to exclude the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act in the form adopted by any state from governing these Terms and any dispute between them relating to the use of this Web site. You and Certus consent to the exclusive personal jurisdiction of and venue in any federal or state court of competent jurisdiction located in the Commonwealth of Massachusetts for any suits or causes of action connected in any way to the subject matter of these terms or to this Web site.  Except as otherwise required by law, any cause of action or claim you may have with respect to these Terms or this Web site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. THE PARTIES UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL FOR ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF, DIRECTLY OR INDIRECTLY, THESE TERMS AND/OR THE USE OF THIS WEB SITE.

Certus’s obligations and responsibilities regarding Certus products and services are governed solely by the agreements under which they are sold or licensed.

 

MISCELLANEOUS

If any court of competent jurisdiction determines that any provision of this Agreement is illegal, invalid, or unenforceable, the remaining provisions of this Agreement will remain in full force and effect.

You agree not to assign or otherwise transfer these Terms in whole or in part and any attempt to do so shall be void.

These Terms represent the entire understanding relating to the use of this Web site and prevail over any prior or contemporaneous, conflicting or additional communications.