MASSIVECERT.COM TERMS OF USE

Effective: July 8, 2015

This “website”, www.massivecert.com, is operated by MassiveCert, Inc. Throughout the site, the terms “we”, “us” and “our” refer to MassiveCert, Inc. who offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you agree to be bound by the following terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. Additional Terms apply to the ordering of Elevation Certificates which may be found at www.massivecert.com/terms.

If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 1 - GENERAL TERMS

We reserve the right to refuse service and/or any order you place with us for any reason at any time. You agree that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. Any offer for any product or service made on this site is void where prohibited by law. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. Your submission of personal information to the website is governed by our Privacy Policy, which can be viewed at www.massivecert.com/privacy.

SECTION 2 - MODIFICATIONS

We reserve the right at any time to modify or discontinue the website, or any part or content thereof, without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the website or Services. You can review the most current version of the Terms at any time at this page www.massivecert.com/use. Any new features which are added to the website shall also be subject to the Terms. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website and the Services following the posting of any changes constitutes acceptance of those changes.

SECTION 3 – RESELLING OF SERVICES

Reselling access to our website or reselling our Services to other parties is allowed only by express written consent by us.  We reserve the right to cancel orders and/or discontinue your access, if in our sole judgment, appear to be placed without express written consent by us.  Please contact us for resell opportunities.

SECTION 4 - ACCOUNT INFORMATION

You agree to provide current, complete and accurate purchase and account information for all purchases made on or through our website.  If your payment or account information is inaccurate or payment by your financial institution is refused for any reason or you misrepresent yourself, we may cancel the order or Service or your access to the website.

SECTION 5 – THIRD PARTY PROVIDERS

Certain content on the website may be provided by third parties and we are not liable for any harm or damages related to this third party content nor responsible for corrections to this third party content. We are not liable for any harm or damages related to the actions in performance of Services of the third parties or by their content. Third parties operate as independent contractors.

SECTION 6 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send submissions such as creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 7 - ERRORS, INACCURACIES AND OMISSIONS

We make efforts to provide accurate information on our website.  But from time-to-time occasional typographic errors, inaccuracies, or omissions that are not directly related to and are inconsequential to the performance of an Elevation Certificate happen.  We undertake no obligation to update, amend or clarify information on the website for these errors which are inconsequential to the delivery of an accurate Elevation Certificate but we do reserve the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without prior notice. Errors, inaccuracies, and omissions which are inconsequential to the delivery of an Elevation Certificate are not grounds for refunds, cancellations, or legal action.

SECTION 8 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 9 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of the website will be uninterrupted, timely, secure or error-free. You agree that from time to time we may suspend the service for indefinite periods of time or cancel the website at any time, without notice to you.

You expressly agree that your use of, or inability to use, the website is at your sole risk. The service and all products and services delivered to you through the website are, except as expressly stated by us, provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the website or any content or product posted, transmitted, or otherwise made available via the website, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 10 – SEVERABILITY; INDEMNIFICATION; JURISDICTION; ENTIRE AGREEMENT

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

You agree to indemnify, defend and hold harmless us and our affiliates from any claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your breach of these Terms or or your violation of any law or the rights of a third party.

This agreement shall be governed by and construed in accordance with the laws of the state of Florida. All parties shall use best efforts to settle any controversy, dispute, or claim arising out of or relating to this Agreement, its validity, interpretation, or breach thereof, by negotiation or mediation. The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on the website constitutes the entire current agreement.

SECTION 11 – INTELLECTUAL PROPERTY

All content on the website is our property.  All copyright, trademark, patent, and all other direct or ancillary components of massivecert.com are our sole intellectual property and we have sole ownership rights of the system. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the website without express written permission by us.