Terms of Service and User Agreement

Acceptance of Terms. Following are the Terms of Service ("TOS") pursuant to which the functions and features of the CertTest website will be made available to you by only upon your acceptance of these terms in their entirety, by clicking on the "Sign Up" button, will you have the right to access and use CertTest's website. Except as otherwise provided herein, CertTest shall have the right to modify or discontinue, temporarily on permanently, any portion of this TOS without prior notice to you. The most current version of the TOS can be viewed at http://www.certtest.com/termsofservice

Description of Service. The CertTest websites ("the Service") provides you with the ability to save your contact data to a secure server and to access your data by using any web browser and your personal password. You understand and agree that the Service will be provided to you "AS IS" and that CertTest assumes no responsibility for the accuracy, quality, completeness or deletion of any data maintained by the Service. You are responsible for obtaining access to the Service, and that access may involve third party fees (such as Internet service provider or airtime charges).

User Conduct. You understand and agree that all information of whatever nature ("Content") which you transmit to CertTest is your sole responsibility. You agree to not use the Service to distribute, link to, or solicit Content that:
is unlawful, harmful to minors, threatening, abusive, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or racially, ethnically or otherwise offensive;

• includes personally identifiable information about children;
• infringes someone else's intellectual property or other rights;
• advocates or solicits violence or other criminal conduct;
• violates any law, regulation, or contract; or
• contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment.
  

Considering the international nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country of your residence.

Privacy. CertTest committed to respecting its commitments to you regarding your privacy. You should review our Privacy Policy at http://www.certtest.com/privacypolicy.

User Password and Security. You will receive a unique password and username designation upon completing the Service's registration process. CertTest assumes no liability for the unlawful disruption or theft of transmitted data. You are responsible for maintaining the confidentiality of your password and username and are fully responsible for all activities that occur under your password and username. You agree not to disrupt the functioning of the Service, solicit another user's password or otherwise act in a manner that interferes with other users' use of the Service. Further, you agree not to post or distribute any computer program that damages, detrimentally interferes with, surreptitiously intercepts, or expropriates any system, data or personal information.

Discretion over Operation of the Service. CertTest may edit, move, or delete any content on the Service (including Content or communications that you have provided) for any reason, and may preserve and disclose content or user information if required to do so by law or in the good faith belief that doing so is necessary to: (a) comply with legal process; (b) enforce these terms, (c) respond to claims that any content violates the rights of third parties; (d) protect the rights, property, or personal safety of CertTest, its users, or the public, or (e) administer the Service. CertTest generally does not pre-screen, monitor, or edit content provided by third parties. CertTest shall not be responsible for any failure to remove, or delay in removing, harmful, inaccurate, unlawful, or otherwise objectionable content originating with or otherwise provided by third parties.
Service levels. CertTest will utilize reasonable efforts to provide the Service on a general 24/7 basis excluding data backup times but shall not be responsible for any disruption, regardless of length. Furthermore, CertTest shall not be liable for losses or damages you may incur due to any errors or omissions in any Content, or due to your inability to access your data due to disruption of the Service.
Integrity of User Data. CertTest will utilize reasonable efforts to protect the integrity of data transmitted by you to the Service. However, we do not gaurantee safety and CertTest shall not be liable for any loss or damage resulting from total or partial loss of your data or from any corruption of your data. Data can get lost or become corrupt as a result of a number of causes, including hardware failures, software failures or bugs, or communications failures. You agree to periodically back-up your information onto another file that is not automatically synchronized with CertTest At Your Service.

Inactive Accounts. CertTest reserves the right to remove to a secondary/backup storage, any data from your account if the account has not been active for more than ninety (90) days, provided that CertTest has utilized reasonable commercial efforts to contact you to provide notice of such data removal. CertTest reserves the right to permanently remove any data from your account if the account has not been active for twelve (12) months, provided that CertTest has utilized reasonable commercial efforts to contact you to provide notice of such data removal.

Termination of Service. Requests for new accounts rely upon manual or automated confirmation of contact information. New account requests which have not been verified by a return email confirmation will be deleted without notice, and you will have to request a new account. CertTest reserves the right to terminate your access to the Service for any or no reason without prior notice. CertTest may or may not utilize reasonable commercial efforts to provide such termination notice by email to allow you to copy your data to another computer. CertTest will not be liable or responsible for any loss or damage resulting from your failure to copy data maintain your own copy of data. Additionally, in its sole discretion, CertTest may terminate your account and use of the Service, and remove and discard any Content, you have transmitted to the Service if CertTest believes that you have violated or acted inconsistently with the letter or spirit of this TOS. You agree that any termination of your access to the Service may be effected without prior notice, and acknowledge and agree that CertTest may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that CertTest shall not be liable to you or any third-party for any termination of your access to the Service. The provisions of these sections shall survive termination of this Agreement for any reason.

Charges. The Service is currently free of charge for personal use. CertTest reserves the right to change this policy and to charge for the Service upon at least thirty (30) days advance notice by sending email notification and placing a prominent message on the Service's website. Users who decline to pay new fees, but are unable to copy their data within said thirty (30) days, will be given seven (7) days of free use from their first attempted use after said thirty (30) days, for the sole purpose of copying their data from the CertTest server.

Storage Limits. Persons who use the Service for personal use have an allotted disk space of 10MB per user. CertTest reserves the right to charge for any additional disk space needed to hold larger databases.

Intellectual Property Rights.
A. CertTest is the sole owner of the content, layout, functions, appearance, trademarks, copyrights, trade secrets and other intellectual property comprising the Service and the interface that is made available via the Service to you. The Service contains information that was created and maintained by CertTest at great effort and expense. The structure under which the information is stored and retrieved is unique and highly valuable to CertTest.
B. You shall not acquire any ownership interest in the Service or any part thereof, including information voluntarily provided by you to CertTest that is incorporated into the Service. No rights or obligations other than those expressly recited herein are to be implied from this Agreement. In particular, no license to you is hereby granted directly or indirectly under any patent, patent application, copyright, trade secret or other intellectual property right now held by, or which may be obtained by, CertTest.

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COREX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
b. COREX MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COREX OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT
COREX SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COREX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE SERVICE.

Indemnity. You agree to indemnify CertTest and its affiliates, officers, agents, partners, and employees, and hold them harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your violation of the TOS or your violation of any rights of another.

Notice. Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying them or links to them on the Service. Notices to CertTest should be addressed to: 8334 Sterling St, Irving TX 75063, by email to: legal (at) certtest.com.

General. The TOS constitute the entire agreement between you and CertTest and governs your use of the Service, superceding any prior agreements between you and CertTest regarding the Service. The TOS and the relationship between you and CertTest shall be governed by the laws of the state of Texas without regard to its conflict of law provisions. You and CertTest unconditionally agree to submit to binding arbitration by the American Arbitration Association and the exclusive venue of Tarrant County located within the state of Texas. The failure of CertTest to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.

By clicking on the "Sign Up"; button on the registration page, you indicate that you agree with all of the foregoing terms of usage. If you are not in agreement with them, click on the "Cancel" button and do not attempt to access CertTest online.