This agreement between pValue Inc. d/b/a Certiverse. (“Certiverse”) and You governs your use, access and management of the Certiverse digital platforms including the Certiverse website and software application. (“Platforms”). This Agreement also governs your use of the products, services and software made available to you on the Platforms and certain third-party digital platforms, as determined by us from time to time.
By enrolling in and using the Platforms, you must agree to our terms and conditions (“Terms and Conditions,” "Terms of Use," or "Agreement") that contain many things that you should carefully By using the Platforms, taking an exam, making a purchase (whether through the Platforms or otherwise) (hereafter collectively “order” or purchase”), or making an inquiry about any matter pertaining to Certiverse, you (“You” or “Your”) agree to the terms and conditions provided herein. You also agree to any terms and conditions provided by the referring organization (“Sponsor”) hosting an exam on the Platforms. If you do not wish to agree to the Terms and Conditions, please refrain from using the Platforms or making any inquiries with Certiverse.
Certiverse reserves the right to change these Terms of Use in Certiverse’s sole discretion, without prior notice to Certiverse requests that You periodically review our Terms of Use to stay informed of any changes. If Certiverse amends our Terms of Use and You continue to use the Platforms, make a purchase, or make an inquiry pertaining to Certiverse, You are agreeing to the Terms of Use as updated.
This Agreement sets forth the terms and conditions that apply to the use of this Platforms and also governs all aspects of the relationship between You and Certiverse. By using this Platforms or making an inquiry with Certiverse, You agree to comply with all of the terms and conditions herein. You understand that sometimes there are interruptions in service or events (whether on the Platforms or otherwise) that are beyond the control of Certiverse, and Certiverse shall not be responsible for any losses stemming from such occurrences or otherwise. You acknowledge and agree that due to circumstances both within and outside of the control of Certiverse, access to the Platforms may be interrupted, or terminated from time to time. Certiverse retains the right, at any time, to change, modify in any way, or discontinue any aspect of the Platforms, including, but not limited to availability and/or content.
Certiverse reserves the right at any time to terminate or alter any of our Terms of Use in Certiverse’s sole discretion, without prior notification to You. Again, Certiverse requests that You periodically review these important terms of Use to stay informed of any If Certiverse changes its Terms of Use and You continue to use the Platforms or make inquiries with Certiverse, You are agreeing to the Terms of Use, regardless of any amendments. In no way, shall Certiverse be liable for any damages resulting from use of the Platforms. All usage on this Platforms must comply with the Terms of Use. Certiverse strictly requires that all usage of the Platforms be for lawful purposes only. Any conduct by You that, in Certiverse's sole determination, is unlawful, offensive or in violation of the terms and conditions of a Sponsor may result in Certiverse’s banning Your use of the Platforms. You also agree not to use Certiverse’s Platforms or content therein, for advertisement purposes in any way without the express written consent of Certiverse.
All content included on the Platforms, including but not limited to text, lists, graphics, logos, images, pictures, clips, video, data, software and other material (collectively "Content"), is owned or licensed property of Certiverse or its software and content suppliers and is protected by copyright, trademark, patent or other proprietary rights. The arrangement, collection, and assembly of all Content on the Platforms is the exclusive and restricted property of Certiverse and protected by U.S. and/or international copyright laws. You agree not to copy or in any way harvest the Content without the prior express written consent of Certiverse. Certiverse, and its suppliers and licensors, expressly reserve all intellectual property Access to the Platforms does not confer and shall not be considered as conferring upon anyone any license under any of Certiverse’s or any third party’s intellectual property rights.
You authorize your wireless carrier to use and/or disclose information about you and your wireless device to Certiverse which we may use for the duration of your relationship with us, to help identify you or your wireless device and to help protect against fraud or unauthorized use of our services under this Agreement. Those details may include, among others, name, billing address, email, phone number, and device location.
The Platforms may contain links and collaborative functionality interacting with the websites of third parties. Certiverse is not responsible for and has no liability for use of any such website(s). Any links and collaborative functionality with/for third party sites on the Platforms in no way constitute an endorsement by Certiverse of any third-party Other sites may link to the Platforms with or without our authorization, and we may block any links to or from the Platforms. YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.
Any software, including without limitation, any information, data, files, images generated by the software, code, and data associated with the software (collectively, "Software"), used or accessible through the Platforms may only be used by You exclusively for using this Platforms for purposes expressly stated in these Terms and Conditions, provided that such uses are not competitive with or derogatory to Certiverse retains complete title to all intellectual property rights in the Software. You agree not to alter, copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create offshoot works from any Software.
The Platforms may only be used for lawful purposes. As a condition of Your use of the Platforms, You promise that You will not use the Platforms for any purpose that is unlawful or prohibited by these Terms & Conditions or those terms provided by Your Sponsor. Behaviors that are prohibited include, but are not limited to, interfering or tampering with the Platforms, cheating, misrepresenting Your or another’s identity, or conducting any unlawful or fraudulent activities on the You are forbidden from violating or attempting to violate the Platforms’s security.
Feedback and Information. Any feedback you provide to Certiverse shall be deemed to be non-confidential. Certiverse shall be free to use such information on an unrestricted basis.
DISCLAIMER OF WARRANTIES. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, YOU UNDERSTAND AND AGREE THAT WE PROVIDE NO WARRANTIES REGARDING YOUR USE OF THE PLATFORMS OR SERVICES. THE PLATFORMS AND SERVICES ARE INFORMATION, SOFTWARE, HARDWARE, CAPTURE DEVICES, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) PROVIDED ON AN “AS IS” “WHERE-IS” AND “WHERE AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT WE AND ANY OF OUR THIRD PARTY SERVICE PROVIDERS MAKE NO WARRANTY THAT THE PLATFORMS OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE UNLESS OTHERWISE STATED ON THE PLATFORMS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE PLATFORMS AND SERVICES AND ALL INFORMATION, PRODUCTS, CAPTURE DEVICES, SOFTWARE, HARDWARE AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE PLATFORMS.
LIMITATION OF LIABILITIES. TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE, OUR AFFILIATES, ANY OF OUR THIRD PARTIES, AND ANY OF OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, AND AGENTS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT ARISE FROM, REGARD OR RELATE TO, OR RESULT FROM THE ACCESS TO, USE OF (OR INABILITY TO ACCESS OR USE), OR AVAILABILITY OF (OR LACK THEREOF) THE DIGITAL PLATFORMS, SERVICES, OR PRODUCTS, REGARDLESS OF THE FORM OF THE ACTION AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT WE MAY RELY ON THE PAYMENT DETAILS, INSTRUCTIONS, AND RECIPIENT DETAILS THAT YOU PROVIDE AND THAT WE, OUR AFFILIATES, AND OUR THIRD PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR EXEMPLARY DAMAGES FOR RESOLVING PAYMENT DISPUTES OR OTHER DISPUTES REGARDING SENDING, RECEIVING, OR REQUESTING MONEY THROUGH THE PRODUCTS WE OFFER.
You may not transfer or assign any rights or obligations You have under these Terms and Conditions without Certiverse's explicit prior written Certiverse reserves the right to transfer or assign any rights it possesses or may possess under these terms and conditions at any time.
BINDING INDIVIDUAL Do not use the Platforms, use the services, take an exam or make an inquiry with Certiverse if you do not agree to all of the Terms and Conditions, including this paragraph. “Dispute” means any dispute, claim, or controversy between You and any Certiverse regarding any issue whether based in contract, regulation, ordinance, statute, tort (including, but not limited to negligence fraud, misrepresentation, fraudulent, or inducement), or any other legal or equitable theory, and includes the validity, enforceability or scope of this paragraph. “Dispute” is to be given the broadest and widest possible meaning. You agree to seek resolution of the Dispute in accordance with the terms of this paragraph, and not litigate any Dispute in court, except as provided herein. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.
YOU AND CERTIVERSE AGREE THAT ANY CLAIM FILED BY YOU OR BY CERTIVERSE IN SMALL CLAIMS COURT ARE NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS PARAGRAPH.
CLASS ACTION ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION, UNLESS BOTH YOU AND CERTIVERSE SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION.
Initiation of Arbitration Proceeding/Selection of If You or Certiverse elect to proceed with arbitration, the party initiating the arbitration proceeding may initiate it only with the American Arbitration Association (“AAA”). The terms of this paragraph govern in the event they conflict with the rules of the arbitration organization selected by the parties.
Arbitration The Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, applicable federal or state law may also apply to the substance of any Disputes. For claims of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”) shall apply including the schedule of arbitration fees set forth in Section C-8 of the Supplementary Procedures; for claims over $75,000, the AAA’s Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings shall apply. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be binding and final, excerpt for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
The arbitration will take place in Chicago, Illinois. Illinois law will govern all disputes, without regard to conflict of law
If any clause within this paragraph 14, except 14(b), is found to be unenforceable, that clause will be severed from this paragraph, and the remainder will be given full force and effect. If 14(b) clause is found to be unenforceable, this entire paragraph 14 will be unenforceable, and the dispute will be decided by a court in Chicago, Illinois. You and the Certiverse agree to waive in that instance, to the fullest extent allowed by law, any trial by jury.
This Section 13 shall survive any termination of these terms and conditions, or Your relationship with
DO NOT USE CERTIVERSE’S PLATFORMS IF YOU DO NOT AGREE TO THIS PARAGRAPH.
You agree to defend, indemnify and hold harmless Certiverse, its respective officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the Platforms by You, or if You place an order with Certiverse or if You make an inquiry with Certiverse.
You agree that by using our Platforms you have agreed to not only this paragraph, but all terms and conditions Do not use our Platforms if you do not agree. You acknowledge that although Certiverse strives to maintain safeguards to protect Your personal data, Certiverse cannot ensure the security or privacy of information You provide through the Internet. You agree to release us, any parent, any subsidiaries and affiliated entities and ours and their shareholders, officers, directors, employees and agents, successors and assigns from all claims, demands, damages, losses, liabilities of every kind, know and unknown, direct and contingent, disclosed and undisclosed, arising out of or in any way related to the theft, release, or use of such information by third parties, including, but not limited to a data breach. If you are a California resident, you waive California Civil Code Section 1542, which says: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.
Certiverse uses cookies, web beacons, and other technologies to obtain and store certain information whenever You interact with the Platforms. This information is gathered so as to assist us in making our Platforms function at a high level and also to help us in our marketing and business efforts. In order to improve on our customer experience, Certiverse also uses this information for reporting and analysis purposes.
Certiverse uses Your information for multiple purposes including, but not limited to sales and sales fulfillment, marketing, internal operations, preventing fraud, and other legal compliance issues. We may share Your information within Certiverse, with outside entities that provide Certiverse services, with others when complying with legal obligations, and with You upon request. Certiverse maintains technical, administrative, and physical safeguards to protect Your By interacting with Certiverse, You agree to the collection of and use of Your data that is collected in these Terms and Conditions.
By providing Certiverse Your telephone number(s), including but not limited to mobile telephone numbers, You agree that Certiverse may contact You for any reason in its discretion, including but not limited to customer service and marketing communications. Such methods of contact may include, but is not limited to SMS messages (i.e., text messages.) By providing Your address(es), including electronic mail addresses, You agree that Certiverse may contact You for any reason in its sole discretion. Should You wish to no longer receive messages from Certiverse, please e-mail Certiverse at support@certiverse.com and request to be removed from Certiverse’s contact list.
These Terms and Conditions, the Investment Advice Agreement and our Privacy Policy constitute the entire agreement between you and Certiverse with respect to the Application and supersedes all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application. The Privacy Policy also govern and apply to your use of the Platforms and are incorporated herein by reference.