TERMS & CONDITIONS OF USE
Effective Date: August 2020
The following Terms and Conditions of Use, (the “Terms and Conditions”) specify the rights and obligations of anyone accessing or using the Transportation Sanitization, LLC’ website located at www.tscert.com, and any associated websites, mobile sites or applications, products, software and other services (collectively, the “Services”).
You may not use the Services and may not accept these Terms and Conditions if you are:
under the age of 18;
not of legal age or are of legal capacity to form a binding contract; or
a person barred from receiving the Services under the laws of the jurisdiction in which you are resident or from which you use the Services.
SECTION 1 / CHANGES TO THE TERMS & CONDITIONS
We reserve the right to modify these Terms and Conditions at any time without notice, and such changes shall be deemed effective immediately upon posting of the modified Terms and Conditions. You should regularly review these Terms and Conditions to ensure that you are aware of and understand any changes made. You acknowledge and agree that if you use the Services after the date on which the Terms and Conditions have changed, we will treat your use as acceptance of the updated Terms and Conditions.
SECTION 2 / ACCOUNT CREATION & INFORMATION
You may need to register to use all or part of the Site or Services. You represent and warrant that all information submitted in connection with such registration is complete and accurate. We may reject, or require that you change, for any reason, any username, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you (and not us) are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your account. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
If you choose to create a username and password (“Account Credentials”) to make purchases or otherwise use the Services, you are responsible for maintaining the confidentiality of your Account Credentials, and are fully responsible for any and all interactions and activity when you, or any third party, accesses the Services using your Account Credentials. If you allow third parties to access the Services through use of your Account Credentials, you agree to defend and indemnify us and our affiliates against any liability, costs, or damages, including attorney fees, arising out of claims or suits by such third parties based upon or relating to such access and use.
SECTION 3 / OWNERSHIP & COPYRIGHT
Copyrights, trademark rights, database rights, design rights and any and all other intellectual property and other rights relating to the Services and Materials existing now or in the future including but not limited to computer programs, source and object code, documentation, software graphics, text, images, designs, videos, sound, illustrations, animations, databases, logos, domain names, trade names and trade identities (collectively referred to as the “Content”), are the property of one or more TSCert entities or the property of third parties. The Services may only be used for the intended purpose for which they are being made available.
A single copy of the Materials may be downloaded or otherwise copied from the Services for non-commercial personal use only, provided however, that all copyright and other proprietary notices are kept intact. Any further copying, reproduction, publication, posting, transmission or distribution of any part of the Services in any way is prohibited.
Except as provided herein, no license or right, express or implied, is granted to any person under any intellectual property right. Modification of the Materials or use of the Materials for any other purpose is a violation of our copyright and other proprietary rights. We neither warrant nor represent that your use of Materials will not infringe the rights of third parties not owned by or affiliated with us. Images of people or places displayed on the Services are either the property of or used with permission by us. The use of these images by you, or anyone else authorized by you, is prohibited.
SECTION 4 / USE OF SERVICES
Except as provided within these Terms and Conditions, the Services and Materials may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the prior written permission from us. “Deep-linking,” “embedding” or using analogous technology is strictly prohibited. You are prohibited from posting to or transmitting from the Services any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the Internet, technology, data, electronic mail, publicity and privacy. You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of any of the Services, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you may not use any robot, spider, other automatic device, or manual process to monitor, copy or scrape any of our web pages or the content contained herein, without the prior express written consent from an authorized executive of TSCert. You agree you will not interfere or attempt to interfere with or damage, impair or disable the operation of the Services, by any means, including but not limited to providing links to third party sites or uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code. You may also not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not make any unsolicited offers, request, advertisements, or spam.
You represent, warrant and agree that you will comply with the above acceptable use requirements. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from the Services.
SECTION 5 / MONITORING
SECTION 6 / ACCURACY OF INFORMATION
We attempt to ensure that information provided through the Services and/or Materials is complete, accurate and current. We make no representation as to the completeness, accuracy or currency of any information provided through the Services and in the Materials. We shall not be responsible for any errors or omissions in the Materials.
SECTION 7 / PROPRIETARY RIGHTS
You may choose to submit product reviews, feedback, and suggestions through the Services (“User Content”). We do not claim ownership of any User Content that you provide to us (including feedback and suggestions) or post, upload, input, or submit to the Service. By submitting, posting, or displaying User Content, you give us, our sub-licensees, and successors and assigns a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, reproduce, edit, reformat, and create derivative works from any User Content that you submit, post, or display on or through the Services. You acknowledge and agree that this license includes a right for us to make such User Content available to other companies, organizations, or individuals with whom we have relationships, and to use such User Content in connection with the provision of those services.
SECTION 8 / THIRD-PARTY LINKS
The Services or Materials may allow connections (e.g., via links or references) to websites, platforms, and applications maintained and controlled by third parties (“Third-Party Sites”) over whom we have no control. Those Third-Party Sites may collect and use data from you such as content or personal information. Any content or personal information you provide when using those Third-Party Sites is subject to the terms and conditions and privacy policies of those Third-Party Sites. Inclusion of any link to Third-Party Sites within the Services or Materials does not imply an endorsement or recommendation of any material, substance, information, practice, or the owner or proprietor of such Third-Party Sites by us. We make no representations or warranties of any kind as to the accuracy, currency, or completeness of any information contained in such Third-Party Sites and shall have no liability for any damages or injuries of any kind arising from the use of such Third-Party Sites or any content or information contained in such Third Party Sites.
SECTION 9 / PRIVACY
SECTION 10 / DISCLAIMER OF WARRANTIES AND RELEASE
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
( 1 ) THE SITE, SERVICES AND ANY GOODS MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE OR SERVICES ARE PROVIDED TO YOU “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY.
( 2 ) TSCERT MAKES NO WARRANTY THAT:
( 2a ) THE SERVICES WILL MEET YOUR REQUIREMENTS;
( 2b ) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE;
( 2c ) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE;
( 2d ) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; AND
( 2e ) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
( 3 ) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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.
( 4 ) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TSCERT OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
( 5 ) YOU SHOULD ALWAYS USE CAUTION WHEN REVEALING ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. TSCERT DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, TSCERT SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN OR USE OF THE SERVICES.
SECTION 11 / LIMITATION OF LIABILITY
WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES; (B) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN, THROUGH, OR FROM THE SERVICES, (C) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (D) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (E) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (F) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; OR (G) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.
SECTION 12 / RELEASE
In the event that you have a dispute with one or more other users of the Services, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
SECTION 13 / INDEMNIFICATION
You agree to indemnify, defend and hold us and our officers, directors, shareholders, employees and agents from and against all demands, liabilities, damages, losses, costs, judgments, fines, penalties, interest, claims or expenses (including, without limitation, attorneys’ fees and fees of other professional advisers) resulting from (i) your online conduct and use of the Services and Materials; (ii) your violation, breach or alleged breach of these Terms and Conditions; (iii) your failure to comply with any applicable laws or regulations; (iv) your negligence, willful misconduct, or violations of the intellectual property or other rights of any person, including without limitation, copyright and trademark infringement, obscene or indecent postings, and online defamation; or (v) any of your dealings or transactions with other persons resulting from use of the Services. You will be required to completely and fully indemnify us for our losses.
SECTION 14 / CHOICE OF LAW
The Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Iowa, in the United States of America, regardless of where the user is based. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only in the state or federal courts located in Polk County, Iowa, U.S.A., and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
SECTION 15 / ENFORCEABILITY
If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
SECTION 16 / NON-WAIVER
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
SECTION 17 / ENTIRE AGREEMENT
Unless otherwise stated, any other rules, restrictions, guidelines and terms and conditions that may be posted or made available in connection with a particular feature on the Services are incorporated by this reference into these Terms and Conditions.
The Terms and Conditions and the other agreements referred to herein constitute the entire agreement between the parties and supersedes any prior understandings or agreements (written or oral).
If you do not understand any of the foregoing terms and conditions or if you have any questions or comments, please contact us at firstname.lastname@example.org.