Terms of Use

Online Content Terms and Conditions

These Terms are entered into by and between you and Certus Living (“Certus”, “we”, “our”, or “us“).  Please read the Terms carefully before you submit any Content to us.  By submitting Content, or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and any other terms referenced herein.  If you do not want to agree to these Terms do not submit any Content.

You represent and warrant that you are of legal age to form a binding contract with the Certus and meet all the requirements to enter into a binding contract.  If you do not meet all these requirements, do not submit any Content to us.

User Contributions

You are providing us with certain information and content through our website (“Content”), by doing so you grant us the right to use the Content for following purposes: (a) to fulfill any purpose for which you submitted the Content; (b) to contact you; (c) to provide you with information about our services and those of our affiliates and partners; and (d) for any other business purpose. By providing Content, you grant us and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such Content for the purpose stated above, and any other purpose permitted by law.

By submitting Content to us you agree that: (a) the information is accurate and truthful and we can rely on it to provide any response; (b) that you have permission and consent to submit any Content; (c) that you will not submit any Content that is harmful, illegal, exploitive, improper, or that contains any unauthorized solicitation such as any “junk mail,” “chain letter,” “spam,” or any other similar solicitation,

Please note that we do not guarantee or promise that any Content you provide will be kept confidential and proprietary (except as stated herein).  Accordingly, we request that you do not provide us with any personally identifiable information (other than as necessary to contact you), or any other confidential or sensitive information. 

You understand and acknowledge that you are responsible for any Content you submit or contribute, and you, not the Certus, have full responsibility for such Content, including its legality, reliability, accuracy, and appropriateness. 

HIPAA Notice of Privacy Practices

              We discourage you from providing any Content that is, or would qualify, as personal health information (“PHI) under any applicable law.  If for any reason the Content includes any PHI, you agree that you have read and understood our HIPAA Notice of Privacy Practices, which is available at Privacy Policy – Certus Living.

Legal

NEITHER CERTUS NOR ANY PERSON ASSOCIATED WITH CERTUS MAKES ANY WARRANTY OR REPRESENTATION OF ANY KIND AND TO THE FULLEST EXTENT PROVIDED BY LAW, CERTUS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. CERTUS IS NOT ENGAGED IN THE PRACTICE OF MEDICINE AND DOES NOT PROVIDE MEDICAL CARE. ALL MEDICAL DECISIONS SHOULD BE MADE BY A HEALTHCARE PROFESSIONAL. YOU WAIVE AND HOLD HARMLESS CERTUS AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE CERTUS OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF THE CONTENT PROVIDED TO US BY YOU. 

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL CERTUS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, FOR 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.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE AGREGATE LIABILITY OF CERTUS AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $100.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.