Last Updated: June 2019
Welcome to Certified FETI. We provide website features and other products and services to you when you visit www.CertifiedFETI.com, use Certified FETI products or services, use Certified FETI applications for mobile, or use software provided by Certified FETI in connection with any of the foregoing (collectively, “Services”).
When accessing or using Certified FETI’s service, you agree to be bound by the terms described below and all other terms, policies and guidelines incorporated by reference (“Terms”). Your ability to receive these Terms electronically is also a condition of your use of our Services (as defined below). If you do not agree to all of these Terms, please, do not access or use our Services.
By using our Services you agree to these Terms. We may change these Terms, and when we do, we will let you know through the Services. Please check the “Last Updated” date above from time to time.
These Terms of Service (the “Terms”) describe your rights and obligations as a visitor and user of this web site (https://www.certifiedfeti.com/) (the “Site”), training events, mobile application (or “app”), and related features, technologies and functionalities (collectively, the “Services”). All references in these Terms to “Veracities,” “we,” “our”, “Certified FETI” or “us” mean Veracities PBC, a Delaware public benefit corporation, which is the owner of this Site and all of its contents. All references in these Terms to “you” or “your” mean you, individually, if you are visiting this Site on your own personal behalf, or your organization, if you are visiting this Site as a representative of an organization. By using this Site, you agree to these Terms. If you do not want to agree to the Terms, do not use the Site.
By accessing the Services, you agree to be bound by these Terms, so read them carefully. If you don’t agree to all of these Terms, then please don’t use the Services. (Unauthorized use of the Services creates legal liability for you.) These Terms do not change the terms or conditions of any other written agreement you may have with Veracities PBC. All services are intended for personal use.
We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms at any time (including applicable fees and service changes). It is your responsibility to check these Terms periodically for changes. If you do not agree to the updated Terms, you must stop using the Services. Your continued use of the Site following any changes will mean that you accept and agree to such changes. As long as you comply with these Terms, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. Any use of the Services in violation of these Terms may result in, among other things, termination or suspension of your right to use the Services, as well as personal liability for damages.
This Website is intended for authorized users only. By accessing, viewing, or using the content, material or services available on or through this Website, you indicate that you have read and understand these Terms and Conditions, and that you agree to them and intend to be legally bound by them. If you do not agree to these Terms and Conditions or you are not an authorized user, you are not granted permission to use this Website and must exit immediately.
Any information, services or materials offered by or through this Website shall not be construed as or understood to be legal advice of any kind and should not be relied upon as such.
Unless otherwise explicitly stated, all text, graphics, interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, the “Content”), including but not limited to the design, structure, selection, coordination, expression, look and feel and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Veracities, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, web site or other medium for publication or distribution or for any commercial purpose, without our express prior written consent.
You may use our informational materials (such as articles, documents, and similar materials) purposely made available by us for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such materials; (2) use such materials only for your personal, non-commercial and informational purpose; (3) do not use any materials for a training course or training instruction of any kind and (4) make no modifications to any such materials.
This Site may contain links to other independent third-party web sites (“Third Party Sites”). These Third Party Sites are provided solely as a convenience to our visitors. Such Third Party Sites are not under our control, and we are not responsible for, and do not endorse, the content of such Third Party Sites, including any information or materials contained on such Third Party Sites.
If you submit feedback to us through the Site, we may freely use, copy, disclose, license, distribute and exploit any of your feedback in any manner without any obligation, royalty or restriction based on intellectual property rights or otherwise. None of your feedback will be considered your confidential information, and nothing in these Terms limits our right to independently use, develop, evaluate or market products or services, whether incorporating your feedback or otherwise.
Accounts, Passwords and Security
If you maintain an account on the Site, you will be required to create a password. You are solely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You must immediately notify Veracities of any unauthorized use of your account information, or any other breach of security. You may be held liable for losses due to someone else using your account information as a result of your failure to keep such information secure and confidential.
You may not use anyone else’s account information at any time without the express permission and consent of the holder of such account. Veracities will not be liable for any loss or damage arising from your failure to comply with these obligations.
VERACITIES DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. VERACITIES CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. VERACITIES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VERACITIES DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY VERACITIES SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY THIRD PARTY SITES. YOUR SOLE REMEDY AGAINST VERACITIES FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Veracities reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction or other changes.
Limitation of Liability
Except where prohibited by law, in no event will Veracities be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Veracities has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms, Veracities is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Veracities’ liability shall in no event exceed the greater of (1) the total of any fees paid by you in the six months prior to the date of the initial claim made by you against Veracities with respect to any service or product offered on the Site; or (2) USD $100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
You agree to indemnify and hold Veracities, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Veracities by any third party due to or arising out of or in connection with your use of the Site.
Do Not Submit Confidential Information
You agree not to submit to us any information that you consider to be confidential. We cannot guarantee the confidentiality of any information that you may submit to us. You acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
Legal Obligations; Violation of Terms
Veracities may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interfering with Veracities’ rights or property, or the rights or property of visitors to or users of the Site, including our customers. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request.
We also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that we may preserve any transmittal or communication by you with us through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or we determine that such preservation or disclosure is reasonably necessary to (1) comply with legal process; (2) enforce these Terms; (3) respond to claims that any such data violates the rights of others; or (4) protect the rights, property or personal safety of Veracities, its employees, users of or visitors to the Site, and the public.
You agree that Veracities may, in its sole discretion and without prior notice to you, terminate your account (if applicable) and your access to the Site. Creating an account does not guarantee you access to the Site. You agree that Veracities will not be liable to you or to any third party for termination of your access to the Site. Veracities, in its sole discretion, will determine whether to make any refunds to you, if you have paid Veracities any monies prior to the termination of your account or your access to the Site.
If you breach any of the Terms, Veracities will have all legal and equitable remedies available to it and may obtain injunctive relief or other equitable relief.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the State of Oregon, without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Multnomah County, Oregon, and you waive any objection to such jurisdiction or venue.
The Terms constitute the entire agreement between you and Veracities with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Veracities with respect to such use are hereby superseded and cancelled. Veracities will not accept any counter-offers to these Terms, and all such offers are hereby categorically rejected. Veracities’ failure to insist on or enforce strict performance of these Terms shall not be construed as a waiver by Veracities of any provision or any right it has to enforce these Terms, nor shall any course of conduct between Veracities and you or any other party be deemed to modify any provision of these Terms. These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties.