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CertifiedProfile Terms and Conditions of Use

Click here for the Terms and Conditions of Use of CertifiedProfile applicable to Canadian residents

Welcome to CertifiedProfile. These Terms and Conditions of Use ("Terms of Use") contain important information regarding each of Castle Branch, Inc.'s (the "Company") and your legal rights, remedies, and obligations, and contain certain consents and authorizations by you with respect to the collection, use, storage, and disclosure by Company of your Data and Content (as each term is defined herein), including, without limitation, personally identifiable information, background check results and reports, drug test results, immunization records, and CPR and other certifications. By accessing and using CertifiedProfile and its services and network (the "Website"), you certify that you have read and understand, and agree to be bound by, these Terms of Use, whether or not you are a registered account ("Account") holder (you, each registered and nonregistered Account holder, and each user of the Website collectively are referred to herein as, "User" or "Users"). The Website is owned, operated, and administered by CertifiedBackground.com, a division of the Company. Company reserves the right, in its sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice and such modifications are, unless otherwise stated in these Terms of Use, effective immediately. If the Terms of Use are modified, such changes shall be posted on the Website and Company will make reasonable efforts to bring any modifications to the attention of User at the time of User's access of the Website. User's continued use of the Website after any such changes constitutes User's acceptance of the new Terms of Use. If User does not agree to abide by these or any future Terms of Use, User shall not use or access (or continue to use or access) the Website. These Terms of Use shall survive the termination of User's Account and User's use of the Website. Each User is required to read, accept, and agree to these Terms of Use.

Electronic Signature and Electronic Records

User hereby represents, warrants, acknowledges, and agrees that (a) each of User's affirmative acts of (i) accessing and using the Website and/or the products or services offered or provided through the Website and/or (ii) signing, agreeing to, or accepting these Terms of Use, by digital signature, electronic signature, click and accept, or some other means or method as may be required by Company, constitutes User's valid and enforceable "electronic signature" as defined by the Electronic Signatures in Global and National Commerce Act ("E-Sign") and the Uniform Electronic Transactions Act ("UETA") and similar state and local laws; (b) these Terms of Use constitute an "electronic record" for purposes of E-Sign and UETA and similar state and local laws; (c) these Terms of Use and User's electronic signature are valid, have full legal effect, are enforceable, and are binding on User as if these Terms of Use were any other duly executed paper agreement; and (d) any person, entity, association, agency, or organization is entitled to rely upon the validity, legal effectiveness, and enforceability of User's electronic signature and these Terms of Use without the need for a handwritten signature from User.

User acknowledges and agrees that if User desires a paper copy of these Terms of Use, User may print a copy from the Website. User hereby consents to use electronic means to receive and sign these Terms of Use.

Eligibility

User's registration and use of the Website is void where prohibited. Any registration by, use of, or access to the Website by anyone under the age of 13 is prohibited and in violation of these Terms of Use. By accessing and using the Website, you represent that you are at least 13 years old. Users who are at least 13 years of age but under the age of 18 may only register, create an Account, use, and/or access the Website with the consent of such User's parent or legal guardian, and only after such User and such User's parent or legal guardian has signed and returned to Company a paper copy of these Terms of Use, which can be found by clicking the following link: CertifiedProfile.TermsofUse.LegalGuardian.pdf. In the event User accepts these Terms of Use and creates an Account, and User and User's parent or legal guardian has not first signed and returned to Company a paper version of these Terms of Use (as linked above), User is representing and warranting to Company that he/she is eighteen (18) years of age or older and the age of majority in his/her jurisdiction of residence, that User is competent to enter into binding contracts, and that User agrees to and shall abide by all of these Terms of Use.

Account Registration and Data Collection

Registration of an Account on the Website requires a valid e-mail address and unique password. Company also may collect additional information from User including, but not limited to, legal name, social security number, birth date, address, phone number, and email address, and User shall provide valid, accurate, and complete information as requested and shall keep all registration information complete and current. A failure to provide information required by Company may result in termination or suspension of User's Account with or without notice to User. In addition, when User registers with the Website, Company may ask User for certain additional information and it is within the discretion of User to provide. User acknowledges and agrees that Company may collect, use, and store User's name, username, password, email address, and any other information (including, without limitation, personally identifiable information) User provides to Company ("Data") as described and for the purposes set out in these Terms of Use or in Company's Privacy Policy. A copy of Company's Privacy Policy can be found at https://www.certifiedprofile.com/privacy. User also acknowledges and agrees that Company may collect and use non-personally identifiable information including IP addresses, profile information, aggregate User data, and browser types from User in order to manage the Website, track usage, advertise products and services to User, and improve the overall Website.

Ownership of Content

User acknowledges and agrees to be solely responsible for all content on User's Account, including, but not limited to, the photos, profiles, messages, notes, information, immunization records, transcripts, background reports, documents, records, and other content (collectively, the "Content") that User uploads, publishes, enters, or displays on or through the Website, or transmits or shares with others, and the consequences of uploading, publishing, entering, transmitting, sharing, or displaying such Content. User shall not upload, publish, enter, share, transmit, or display Content which is subject to copyright protection, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. User acknowledges and agrees that any party designated by User on the Website may receive, review, or have access to Content and Data designated or permitted by User. User also may publish, display, transmit, share, or disclose User's Content or Data to any party (including, without limitation, a non-User of the Website). User retains all ownership rights in the Content uploaded, published, entered, or displayed by such User.

Company has no control over and does not endorse the Content. The Content does not reflect the opinions or policies of Company. Company makes no representations or warranties, express or implied, as to the Content or to the accuracy, validity, or reliability of the Content or any other material or information User uploads, publishes, enters, shares, transmits, discloses, or displays. User understands and agrees that Company may, but is not required to, review and delete, without notice, any Content that, in the sole judgment of Company, violates these Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others. Company, regardless of ownership, reserves the right at all times to disclose, in its sole discretion, any Content as authorized or required by any law, regulation, or court order.

User understands and agrees that all Content, Data, and other personal information that User supplies to Company will be stored in and accessible from locations within the United States of America, for the purposes set out in these Terms of Use and in Company's Privacy Policy, and may be subject to production or disclosure requirements by United States authorities in accordance with applicable United States laws.

User understands that he/she is solely liable, and Company shall not be liable under any circumstances, for any losses, liabilities, expenses, or damages of any kind suffered as a result of uploading, publishing, sharing, entering, transmitting, or displaying any Content or Data whatsoever (including, without limitation, the designation by User of parties to receive, review, or have access to User's Content or Data). User, for and on behalf of User and User's heirs, successors, assigns, and legal representatives, hereby forever releases and discharges Company, its affiliates and subsidiaries, and their respective shareholders, directors, officers, members, managers, employees, representatives, contractors, and agents, and their respective heirs, successors, and assigns (collectively, "Company Parties"), from any and all liabilities, claims, damages, actions, and losses in any way related to or connected with (a) any error, omission, disclosure, display, transmission, loss, or use by one or more Company Parties of or with respect to the Content or Data, even if arising from a Company Party's negligence, or (b) User's uploading, publishing, entering, displaying, transmitting, disclosing, or sharing of Content or Data including, without limitation, the sharing by User of folders in User's Account or specific items contained within folders in User's Account, the designation by User of parties to receive, review, or have access to User's Content or Data, or the direct transmission, sharing, disclosing, or publishing by User of Content or Data.

Limited License to Access Website

Subject to User's compliance with these Terms of Use, Company grants User a limited, revocable license to access and make personal use of the Website. User shall not modify the Website and shall not reproduce, duplicate, copy, sell, or resell the Website, any portion thereof, or any products, services, or other content on this Website. This limited license does not include any resale or commercial use of the Website or its products, services, or other content; any derivative use of this Website, its products, services, or other content; or any use of robots or other data mining, gathering, and extraction tools.

Account Data and Content Privacy

Company takes the security of User's Data, Content, and other personal information seriously and wants Users to feel comfortable using the Website. Company has implemented industry standard technology designed to keep User Data, Content, and other personal information safe. Company currently employs Secure Socket Layer (SSL) data encryption when data is transmitted over the Internet to the Website. Company's systems are also compliant with the Payment Card Industry Data Security Standard (PCI DSS). Company has installed layered firewalls and other security technologies to help prevent unauthorized access to its systems. Strong password protection protocols are used on all computers and employees are kept up-to-date on Company's security and privacy policies. The servers used to store User information are maintained in a secure environment with appropriate security measures. Company also limits access to personally identifiable information to those employees and contractors who need access in order to carry out their job responsibilities and to certain Educational Institutions (as defined below) or other persons, entities, or organizations designated by User. Such protective measures are designed to limit access to User's Content, Data, and other personal information. Please note that despite Company's efforts, factors beyond Company's control may result in disclosure of User Content, Data, or other personal information. Accordingly, Company is not in a position to guarantee that User information will be secure under all circumstances and Company offers no warranties or representations with regards to the maintenance or non-disclosure of User Content, Data, or other personal information. User agrees that Company Parties shall not be liable, under any circumstances, and User, for and on behalf of User and User's heirs, successors, assigns, and legal representatives, hereby forever releases and discharges Company Parties from any and all liabilities, claims, damages, actions, and losses in any way related to or connected with any loss or disclosure of User Content, Data, or other personal information.

Use of Data and Content

Company does not disclose, sell, or otherwise transfer User Data or Content except as otherwise set out herein, in Company's Privacy Policy, or as required or permitted by applicable law. Company may disclose, transmit, share, or provide access to User Data and/or Content as follows: (a) as provided in these Terms of Use or our Privacy Policy; (b) pursuant to User's consent, authorization, or designation (for example, when User designates educational organizations, business organizations, or other persons, entities, or organizations to have access to or copies of User's background report, immunization records, Data, Content, or verifications contained within User's Account); (c) to educational institutions and/or departments, institutions, programs, or healthcare facilities or partners affiliated with or a part of such educational institutions (such as hospitals and clinical sites) at which User is enrolled, admitted, employed, being trained, attending instruction or class, serving as an intern, or in a similar position, or applying or being considered for enrollment, admission, employment, training, instruction, internship, or a similar position (collectively, "Educational Institutions"); (d) when a service provided on the Website requires interaction with a third party, or is provided by a third party, such as an application service provider; (e) to Company's agents, employees, or contractors as necessary, in Company's discretion, to perform or provide the products or services requested or purchased by User, such as background reports; (f) as required by law, subpoena, or order of any court or government agency having jurisdiction over Company; or (g) Company or the Website are purchased, in which event the third-party purchaser will have access to and use of the Data and Content in accordance with these Terms of Use.

Fair Credit Reporting Act ("FCRA") Notice and Consent

Company is a consumer reporting agency. The Data, Content, and other information contained within User's Account (whether provided, uploaded, entered, compiled, or obtained by User or Company) and disclosed, transmitted, shared, or otherwise communicated by Company may under certain circumstances (as set out in the FCRA) be considered a consumer report and governed by the FCRA. User may request Company to perform a background check or drug test on User (either by affirmatively purchasing a background check or drug test or by entering a package code which may contain a request to perform a background check or drug test). In addition, an Educational Institution may request Company to perform a background check or drug test on User. For purposes of the background check and/or drug test, User represents and warrants to Company that User has not falsified User's identity or provided another person's name or Data to Company for the purpose of obtaining a background check or drug test on anyone other than User, and that all information and Data provided by User to Company is complete, valid, true and accurate, including, but not limited to, all Data and Content.

User may obtain a free copy of "A Summary of Your Rights Under The Fair Credit Reporting Act" by clicking here.

User understands and agrees that all Data and Content provided to Company may be verified by Company or its authorized representatives. User hereby consents to the collection of such information by Company and authorizes all individuals, entities, organizations, Educational Institutions, law enforcement entities, or other persons listed or referred to in any Data, Content, information or application provided to Company by User, or which may possess or have access to any information or documentation regarding User, to provide to Company any and all information and documentation necessary or requested for purposes of verifying the Data, Content, and information provided by User.

User agrees and consents to Company, or Company's affiliates, obtaining, collecting, compiling, and preparing a consumer report and/or investigative consumer report that will include personal information regarding the User, including but not limited to, educational history, work references, driving record, social security number verification, license verification, credit history, and criminal convictions or arrest records. User acknowledges that all information not provided by User is secured by and through fallible human sources and records.

User hereby agrees, approves, and consents to, and authorizes and instructs (a) the performance by Company and its employees, representatives, affiliates, and/or contractors of a review of User's background or a drug test on User, the obtaining, collecting, and preparing of a consumer report and/or investigative consumer report regarding User, and the collection and use of any and all of User's Data and Content for purposes of performing such background check or drug test and the obtaining, collecting, and preparing of a consumer report and/or investigative consumer report regarding User, upon the request of User or an Educational Institution; and (b) the disclosure, transmittal, use, review, or sharing by Company of User's background check report, drug test results, immunization records, CPR and other certifications, license certifications and verifications, and other Data or Content to or by (i) any person, organization, or entity designated or authorized by User; (ii) any Educational Institution (including, without limitation, such Educational Institution's officials, faculty, administrators, employees, or contractors) for purposes of such Educational Institution's consideration or review of User for admission, enrollment, employment, internship, training, instruction, or other position, and/or reviewing and verifying User's compliance or qualification with such Educational Institution's requirements for admission, enrollment, employment, internship, training, instruction, or other position (including, without limitation, any clinical position or placement); and (iii) Company (including, without limitation, Company's employees, representatives, contractors, or agents) for purposes of performing or providing the products or services requested or purchased by User or User's Educational Institution(s).

User, for and on behalf of User and User's heirs, successors, assigns, and legal representatives, hereby releases and forever discharges Company Parties from any and all liabilities, claims, damages, actions, and losses in any way related to or connected with the performance of background checks, drug tests, any errors or omissions in any drug test or background report or check, or the compiling, making available, disclosing, performing, transmitting, or use of the drug tests, background reports, Content, or Data, including any errors or omissions contained in or omitted from such drug tests or background reports or investigations. User, for and on behalf of User and User's heirs, successors, assigns, and legal representatives, hereby forever releases and discharges Company Parties and all individuals, organizations, entities, law enforcement entities, and others from any and all liabilities, claims, damages, actions, and losses in any way related to or connected with the transmission, disclosure, use, or verification of any Data, Content, information, or documentation of User.

Family Educational Rights and Privacy Act Notice and Consent

The Family Educational Rights and Privacy Act ("FERPA") provides certain rights to students concerning the privacy of, and access to, the student's education records. Certain of the records, data, information, Content and Data on User's Account may constitute education records as defined in FERPA and thus may be subject to protection under FERPA from unauthorized disclosure. User understands and agrees that any Educational Institution automatically shall have access to the Data and Content in User's Account (including, without limitation, drug test results, immunization records, background reports and verifications, CPR and other certifications, license and training verifications and certifications, health-care physical records, and other information) which is required by such Educational Institution for purposes of the Educational Institution's consideration or review of User for admission, acceptance, placement, or retention at the Educational Institution or any clinical program of the Educational Institution. In addition, User understands and agrees that any other person, entity, educational institution, or organization designated by User on User's Account shall have access to the Data and Content designated by User in User's Account. User also understands and agrees that Educational Institutions, even if not directly designated by User within User's Account, shall have access to the Data and Content (including, without limitation drug test results, immunization records, background reports and verifications, CPR and other certifications, license and training verifications and certifications, health-care physical records, and other information) contained within User's Account when such Data and Content information is required by such Educational Institution for purposes of the Educational Institution's consideration or review of User for admission, acceptance, placement, or retention at the Educational Institution or any clinical program of the Educational Institution.

User further understands and agrees that Company and its employees, contractors, representatives, and agents shall have access to User's Content, Data, background reports, drug tests, and immunization records for purposes of providing the products and services purchased or ordered by User or User's Educational Institution(s) including, without limitation, for purposes of performing Certified Record Review with respect to immunization records or an extensive review process for background reports and drug test results, and User hereby consents to and authorizes such access and use by Company Parties.

User hereby agrees, approves, and consents to, and authorizes and instructs, the disclosure, transmittal, review, and sharing by Company of User's background check reports, drug test results, immunization records, CPR and other certifications, license certifications and verifications, and other Data and Content to or by (i) any person, organization, Educational Institution, or entity designated or authorized by User in User's Account; (ii) any Educational Institution (including, without limitation, such Educational Institution's officials, faculty, administrators, employees, or contractors) for purposes of such Educational Institution's consideration, evaluation, or review of User for admission, enrollment, employment, internship, training, or instruction (including, without limitation, any clinical position or placement), and/or reviewing and verifying User's compliance or qualification with such Educational Institution's requirements for admission, enrollment, employment, internship, training, or instruction (including, without limitation, any clinical position or placement); or (iii) Company (including, without limitation, Company's employees, representatives, contractors, or agents) for purposes of performing or providing the products or services requested or purchased by User or User's Educational Institution(s). User understands, acknowledges, and agrees that this written consent to disclose certain of User's Data and Content contained in User's Account constitutes a valid and legally effective electronic signature and electronic record and constitutes a valid and legally effective written consent from User to Company, as required by FERPA, to disclose certain of User's Data and Content.

User, on behalf of User and User's heirs, successors, assigns, and legal representatives hereby releases and forever discharges Company Parties from any and all claims, liabilities, damages, actions, and losses in any way related to or connected with the compiling, disclosure, transmission, making available, or use of the Data, Content, drug tests, background reports, and immunization records and verifications contained within User's Account, including any errors or omissions contained or omitted from such tests, reports or investigations.

Business Organization Release

User understands and agrees that any business organization or person designated by User shall automatically have access to the Data and Content (including, without limitation, drug test results, immunization records, background reports and verifications, CPR and other certifications, license and training verifications and certifications, health-care physical records, and other information) contained within User's Account and designated by User. User hereby agrees, approves, authorizes, and consents to the disclosure, transmittal, review, and sharing by Company of User's Data and Content which is designated by User (including, without limitation, drug test results, immunization records, background reports and verifications, CPR and other certifications, license and training verifications and certifications, health-care physical records, and other information) to or by (i) any business organization, person, or entity designated or authorized by User; or (ii) Company (including, without limitation, Company's employees, representatives, contractors, or agents) for purposes of performing or providing the products or services requested or purchased by User.

User, on behalf of User and User's heirs, successors, assigns, and legal representatives hereby releases and forever discharges Company Parties from any and all claims, liabilities, damages, actions, and losses in any way related to or connected with the compiling, making available, disclosure, transmission, or use of the Data, Content, background reports, and immunization records and verifications contained within User's account, including any errors or omissions contained in or omitted from such reports or investigations.

As the user of a consumer report, User agrees to comply with any and all applicable laws, rules, regulations, and orders including, without limitation, the Fair Credit Reporting Act.

Record Keeping Release

User acknowledges and agrees that Company cannot be responsible for, and shall have no liability for, the record keeping practices of third parties such as, but not limited to, the Department of Motor Vehicles or other similar regulatory authority, municipal, county, state, and federal courts, state repositories, state and regional prisons, local police stations, federal bankruptcy courts, federal civil courts, state medical boards, drug testing facilities and other professional licensing organizations, and other local, state and federal organizations. User, on behalf of User and User's heirs, successors, assigns, and legal representatives hereby releases and forever discharges Company Parties from any and all claims, liabilities, damages, actions, and losses in any way related to or connected with any errors or omissions contained in or omitted from any information obtained from any third parties.

Passwords

All Accounts are password protected. When Users create their Account, Users shall choose a unique username and password. Users shall not disclose their username or password to any third party or permit any third party the use of their username or password. Furthermore, Users are solely responsible for maintaining the confidentiality of their username and password and for any and all activities that occur under that name and password. User shall immediately notify Company if User has any suspicion that an unauthorized party is accessing User's Account. Company will never ask for User's password in an unsolicited phone call or email. User may change his/her password at any time. User is solely liable for all activity, whether or not authorized by User, that occurs under User's Account or password.

Ownership of Intellectual Property on Website

Company owns and retains all proprietary and other intellectual property rights in and to the Website. The Website contains certain protected materials such as trademarks, copyrights, and other proprietary information of Company and its licensors ("Protected Materials"). Except for any information which is in the public domain, User may not copy, modify, publish, transmit, distribute, perform, display, or sell any such Protected Materials or information without the express written consent of Company. All trademarks, service marks and logos used on the Website are the sole property of Company and/or its licensors. All content created by Company, its licensors, or its suppliers and included on the Website, such as text, logos, graphics, images, java script code, HTML code, and other software, is the property of Company, or its licensors or suppliers. User does not have any rights or licenses to use any trademarks, service marks, logos, or any other proprietary information contained on the Website.

Fees

User acknowledges that Company reserves the right to charge for access to the Website and for the various products and services offered or provided through the Website, and to change such fees from time to time in its discretion. The fees charged to User for products and services offered through the Website may be established through a contractual relationship between Company and User's Educational Institution, and may be based on the products and services that such educational institution requests be performed by Company with respect to User.

If Company terminates User's Account because User breaches these Terms of Use, User shall not be entitled to a refund of any unused portion of subscription fees paid. Each User uploading, publishing, sharing, disclosing, entering, or displaying Content and Data on the Website is responsible for said Content and Data and compliance with these Terms of Use. All fees paid are non-refundable even in the event that Content or Data is removed from the Website.

Right to Delete/Terminate Account

Company, in its sole discretion, may delete User's Account or Data and Content with or without notice or liability to User. Company reserves the right to permanently block any User who violates these Terms of Use. Even after deletion of an Account, Company may retain User Data and Content for archival purposes (as long as reasonable for business or legal purposes). This information is maintained to allow Company to recover Data and Content and restore Accounts in the event of equipment or system failure or to abide by legal requirements.

User Conduct

Users shall not:

  1. Modify, adapt, translate, or reverse engineer any portion of the Website, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Website;
  2. Reformat or frame any portion of the Website;
  3. Attempt to probe, scan or test the vulnerability of Company's system or network or breach any security or authentication measures;
  4. Falsify any TCP/IP packet header or any part of the header information in any Content, or in any way use the Website to send altered, deceptive, or false source-identifying information;
  5. Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure protecting the Website;
  6. Upload, publish, display, or otherwise disseminate information that (a) infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property or applicable law; (b) is unsolicited or unauthorized and contains advertising or promotional materials, would be classified as junk mail, spam, chain letters, or a pyramid scheme, or any other form of such solicitations; (c) is unlawful, deceptive, threatening, abusive, inciting to unlawful action, obscene, harmful, harassing, defamatory, libelous, vulgar or violent, or is hateful, racially, ethnically or otherwise objectionable or constitutes hate speech; (d) contains objects or symbols of hate or invades the privacy of any third party; (e) contains nudity or pornography, including without limitation, any child pornography; (f) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, or interfere with the access of any User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing Website; or (g) includes code that is hidden or otherwise surreptitiously contained within the images, audio or video of any Content that is unrelated to the immediate, aesthetic nature of the Content;
  7. Remove or alter in any manner any copyright, trademark, or other proprietary right notices contained in or on the Website;
  8. Interfere with other User's use of the Website;
  9. Use any meta tags or other hidden text or metadata utilizing Company's name, trademarks, URL, or product names without Company's express written consent;
  10. Solicit or disseminate personal information about other Users without their express written permission;
  11. Impersonate or misrepresent User's affiliation with any person or entity, through pretexting or any other form of social engineering, or otherwise commit fraud;
  12. Resell the Website or the products or services offered, advertised, or sold through the Website, in whole or in part;
  13. Violate any applicable law, regulation, or ordinance;
  14. Collect information from or about other Users, by any means, for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website;
  15. Send unsolicited email advertisements to Company's email addresses or the email addresses of Company's officers, directors, shareholders, employees, or contractors, or to other User's email addresses;
  16. Link to the Website on any other website without the prior written consent of the company; or
  17. Use the Website in any manner not permitted by these Terms of Use.

Indemnity

User agrees to defend, indemnify, and hold each of the Company Parties harmless from and against any and all loss, damage, claim judgment, demand, liability, or expense (including reasonable attorneys' fees and expenses), in any way related to, arising out of, or connected with:

  1. User's Content or Data;
  2. User's use of the Website
  3. User's providing of false, inaccurate, misleading, or fraudulent Data or other information to Company;
  4. User's connection to the Website;
  5. User's violation or breach of any of these Terms of Use;
  6. User's violation or breach of any representation or warranty made by User to Company;
  7. User's violation or breach of any third party right, including without limitation, any intellectual property right, defamation, breach of confidence, or privacy right; or
  8. Any claim that User's Content caused damage to a third party.

User's defense and indemnification obligations shall survive the termination of User's Account and the termination of User's use of the Website. User is solely responsible for his/her actions when using the Website, including, but not limited to, costs incurred for Internet access.

No Liability

User agrees that use of the Website is at User's sole risk. The Website is provided on an "AS IS" and "AS AVAILABLE" basis, except as otherwise prohibited by applicable law. Company expressly disclaims any representation or warranty of any kind, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement of intellectual property. Company does not guarantee any specific results from use of the Website. No advice or information, whether oral or written, obtained by User from Company, or from or through use of the Website shall create any representation or warranty not expressly stated herein. Company assumes, and shall have, no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications, background reports, drug test results, User Data, or Content. Company is not liable for any problems or technical malfunction caused by any of the equipment or programming associated with or utilized by the Website.

Except in jurisdictions where such provisions are restricted, in no event shall any Company Parties be liable to User or any other person, entity, or organization for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from or in any way related to User's use of the Website, User's purchase or use of any of the products or services offered, advertised, or sold through the Website, or any of the Website content or other materials, even if arising from Company's negligence and even if Company is aware or has been advised of the possibility of such damages.

Notwithstanding anything to the contrary contained herein, Company Parties' liability to User for any cause of action, claim, or liability whatsoever, and regardless of the form of the cause of action, claim or liability, shall at all times be limited to the amount paid, if any, by such User to Company for the specific product or service which is the subject of the claim, but in no event shall any Company Party's liability to User exceed One Thousand Dollars ($1,000.00). User acknowledges that if no fees are paid to Company by User for any product or service, User shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from Company Parties, regardless of the cause of action.

Links

The Website contains links to other websites. Company is not responsible for, and shall have no liability to User with respect to, the privacy policies, terms of use, content, products, services, and/or operations, practices or policies on these other websites. Inclusion on the Website of a link to another website does not imply that Company approves of or endorses such website or its products or services. When linking to another website a User should read the terms of use and privacy policy posted on that website. Company's Terms of Use only govern Company's Website. User accesses third-party websites at User's own risk. When accessing a third-party website via a link, the User is leaving Company's Website and is conducting User's business or other transactions with such other third-party, not with Company. User, on behalf of User and User's heirs, successors, assigns, and personal representatives, hereby releases and forever discharges Company Parties from any and all claims, damages, causes of action, losses, and liabilities in any way related to or connected with such third-party websites, User's use of such third-party websites, such third-party websites' use of User's information and data provided by User to such third-party website (including personally identifiable data) and the products or services sold, offered. advertised, or purchased on or through such third-party websites.

Advertiser Relationships

User is free to participate in the promotions of, and purchase the products and services of, advertisers on the Website. Any such participation, including the delivery of and the payment for products and services, and any other terms, conditions, warranties or representations associated with such participation, are solely between User and the advertiser. Company assumes, and shall have, no liability, obligation, or responsibility for any part of any such participation or transaction.

Non-Commercial Use

The Website is for User's personal use only. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Company.

Use of Cookies

Company uses cookies to collect and store User's preferences, usage habits, and record session information. A cookie is a small data file that is transferred to User's hard drive and used for record-keeping purposes. A cookie file can contain information such as the URL, computer IP address, domain type, browser type, the country, state, and telephone area code where User's server is located, the pages of the Website viewed, and any search terms entered on the Website. These cookies allow Company to customize the Website content to User's preferences, profile, and/or demographic information. Company does not link the stored information to any personally identifiable information. Users may configure their browser to accept or reject all or some cookies, or notify User when a cookie is set. Users must enable cookies from Company in order to use most functions on the Website. Please note that Company allows third party advertisers to access cookies on a User's computer. Advertisers' use of cookies is subject to their own privacy policies, not these Terms of Use.

Third Party Advertising

Advertisements may be delivered to User by Company or a third-party company that has an advertising contractual relationship with Company ("Advertiser"). Such Advertisers may set cookies on User's computer to allow the Advertisers to recognize User's computer in the future and store User's preferences. Company and Advertisers may use the cookies to compile information about User. Such information allows Company and Advertisers to deliver targeted advertisements that it or they believe will be of most interest to User. These Terms of Use cover only Company's cookies, not the use of cookies by any third party Advertisers.

Email Choice/Opt-out

User may choose not to receive updates, notifications, Company newsletters, and/or Company advertisements by choosing the appropriate opt-out option in the email containing such newsletter, update, notification, or advertisement. All such updates, notifications, newsletters, and advertisements will also include instructions for opting-out of those communications in the future.

International Users

Company may collect, process, and maintain User information in the United States, where privacy laws may not be as protective as in a User's home country. Users using the Website from outside the United States are consenting to the transfer of User's information to the United States for processing and maintaining in a manner consistent with these Terms of Use.

Contact Information

User may contact Company through a variety of methods. Company may keep records of such contacts.

Surveys

Company may request User to participate in surveys relating to the Website, Company, or Company's affiliates or third party advertisers. Participation in such surveys is completely voluntary. However, Company encourages User to participate in these surveys as they provide information which will be used to improve the Website. The surveys may request contact information, such as User's name and email address, demographic information, age, or income level. Company, its affiliates and third party advertisers conduct such surveys in order to target advertising and learn User preferences. Company may share the information collected from these surveys with its affiliates, third party advertisers, and the general public, but will not share User's personally identifiable information with any third party without User's prior consent.

Contests and Sweepstakes

Company may hold contests, sweepstakes, or other promotions on the Website. Participation in such contests, sweepstakes or other promotions is voluntary and may require entrants to provide personal or contact information. Company will use the information collected to verify the entrant's identity and age and to communicate with entrants. Company will not share any of the entrant's personal or contact information with any third party except to service providers, if any, as disclosed at the time of entry, if User is a contest winner, or as may be required by law. Company may make information about entrants available in aggregated form to advertisers, partners and the general public.

Mergers, Acquisitions and Bankruptcy

In the event that Company is acquired by or merged with any third party entity, Company reserves the right, in any of these circumstances, to transfer or assign Users' Content and Data, and the licenses obtained from User for Content and Data, and any information Company has collected from User. In the unlikely event of Company's bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, Company may not be able to control how User's personal information is treated, transferred, or used.

Choice of Law

User agrees that, notwithstanding the principles of conflicts of law, the internal laws of the State of North Carolina shall govern and control the validity, interpretation, performance, and enforcement of these Terms of Use and any dispute between User and Company. Further, User agrees that any action relating to these Terms of Use or the Website (including, without limitation, User's use of the Website) shall be instituted and prosecuted only in the courts of the County of New Hanover, State of North Carolina or the federal Eastern District of North Carolina, and User consents to the jurisdiction of said courts and waive any right or defense relating to such jurisdiction or venue.

Severability

If any of the terms, provisions, or conditions contained in these Terms of Use shall be deemed invalid, void, or unenforceable, that specific term, provision, or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms, provisions, and conditions.

Canadian CertifiedProfile Terms and Conditions of Use

Welcome to CertifiedProfile. By accessing and using CertifiedProfile and its services and network (the "Website"), you certify that you have read, understand, and agree to be bound by these Terms and Conditions of Use ("Terms of Use"), whether or not you are a registered account ("Account") holder (registered and nonregistered Account holders collectively, "User" or "Users"). The Website is owned, operated, and administered by CertifiedProfile, a division of Castle Branch, Inc. (the "Company"). Company reserves the right, in its sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice and such modifications are, unless otherwise stated in these Terms of Use, effective immediately. If the Terms of Use are modified, such changes shall be posted on the Website and Company will make reasonable efforts to bring any modifications to the attention of User at the time of User's access of the Website. User's continued use of the Website after any such changes constitutes User's acceptance of the revised Terms of Use. If User does not agree to abide by these or any future Terms of Use, User shall not use or access (or continue to use or access) the Website. These Terms of Use shall survive the termination of User's Account and User's use of the Website. Each User is required to read and accept these Terms of Use. These Terms of Use contain important information regarding each User's legal rights, remedies, and obligations.

Eligibility

User's registration and use of the Website is void where prohibited. The Website is for Users who are eighteen (18) years of age or older and the age of majority in their jurisdiction of residence. Anyone under the age of majority wishing to create an Account must register through a legal guardian and that legal guardian must be listed as the registered User. Any registration by, use of, or access to the Website by anyone under the age of eighteen (18) and under the age of majority is prohibited and in violation of these Terms of Use. Upon registration of an Account by User, User is representing and warranting to Company that he/she is eighteen (18) years of age or older and the age of majority in his/her jurisdiction of residence, that User is competent to enter into binding contracts, and that User agrees to and shall abide by all of these Terms of Use.

Account Registration and Data Collection

Registration of an Account on the Website requires a valid e-mail address and unique password. Company also may collect additional information from User including, but not limited to, legal name, birth date, address, phone number, and email address, as set out in our Privacy Policy. User shall provide valid, accurate, and complete information as requested and shall keep all registration information complete and current. A failure to provide information required by Company may result in termination or suspension of User's Account with or without notice to User. In addition, when User registers with the Website, Company may ask User for certain additional information and it is within the discretion of User to provide such additional information. Company may collect, use, access, disclose, and store User's name, username, password, email address, and any other information (including, without limitation, personally identifiable information) User provides to Company (collectively, "Data") as described and for the purposes set out in these Terms of Use or in Company's Privacy Policy. A copy of Company's Privacy Policy can be found at https://www.certifiedprofile.com/privacy. Company may also collect, use, access, disclose, and store User's website-related information including IP addresses, aggregate User data (such as page requests and average time spent on the Website), and browser types in order to manage the Website, track usage, advertise products and services to User, and improve the overall Website.

Ownership of Content

User acknowledges and agrees to be solely responsible for all content on User's Account, including, but not limited to, the photos, profiles, messages, notes, information, immunization records, records of health physicals, transcripts, background reports, documents, records, and other content (collectively, the "Content") that User uploads, publishes, enters, or displays on or through the Website, or transmits, discloses, or shares with others, and the consequences of uploading, publishing, entering, transmitting, disclosing, sharing, or displaying such Content. User shall not upload, publish, enter, share, transmit, disclose, or display Content, or other proprietary information belonging to others, which is subject to intellectual property or other legal protection including, without limitation, copyright protection, trademark protection, or trade secret protection, without obtaining the prior written consent of the owner of such Content or proprietary rights. User acknowledges and agrees that any party designated by User on the Website may receive, view, obtain, or have access to Content and Data designated or permitted by User. User also may publish, display, transmit, share, or disclose User's Content or Data to any party (including, without limitation, a non-User of the Website). User retains all ownership rights in the Content uploaded, published, entered, or displayed by such User.

Company has no control over and does not endorse the Content. The Content does not reflect the opinions or policies of Company. Company makes no representations or warranties, express or implied, as to the Content or to the accuracy, validity, or reliability of the Content or any other material or information User uploads, publishes, enters, shares, transmits, discloses, or displays. User understands and agrees that Company may, but is not required to, review and delete, without notice, any Content that, in the sole judgment of Company, violates these Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others. Company, regardless of ownership, reserves the right at all times to disclose, in its sole discretion, any Content as authorized or required by applicable law, regulation, or court order.

User understands and agrees that all Content, Data, and other personal information that User supplies to Company will be stored in and accessible from locations within the United States of America, for the purposes set out in these Terms of Use and in Company's Privacy Policy, and may be subject to production or disclosure requirements by United States authorities in accordance with applicable United States laws.

User understands and agrees that User is solely liable, and Company shall not be liable under any circumstances, for any losses, liabilities, expenses, or damages of any kind suffered as a result of uploading, publishing, sharing, entering, transmitting, disclosing, or displaying any Content or Data whatsoever (including, without limitation, the designation by User of parties to receive, review, or have access to User's Content or Data). User, for and on behalf of User and User's heirs, successors, assigns, and legal representatives, hereby forever releases and discharges Company, its affiliates and subsidiaries, and their respective shareholders, directors, officers, members, managers, employees, representatives, contractors, and agents, and their respective heirs, successors, and assigns (collectively, "Company Parties"), from any and all liabilities, claims, damages, actions, and losses in any way related to or connected with User's uploading, publishing, entering, displaying, transmitting, disclosing, or sharing of Content or Data including, without limitation, the sharing by User of folders in User's Account or specific Content contained within User's Account, the designation by User of parties to receive, review, or have access to User's Content or Data.

Limited License to Access Website

Subject to User's compliance with these Terms of Use, Company grants User a limited, revocable license to access and make personal use of the Website. User shall not modify the Website and shall not reproduce, duplicate, copy, sell, or resell the Website, any portion thereof, or any products, services, or other content on this Website. This limited license does not include any resale or commercial use of the Website or its products, services, or other content; any derivative use of this Website, its products, services, or other content; or any use of robots or other data mining, gathering, and extraction tools.

Security of Personal Information

Company takes the security of User's Data, Content, and other personal information seriously and wants Users to feel comfortable using the Website. Company maintains reasonable administrative, technical and physical safeguards in an effort to protect personal information in its custody and control against unauthorized access, use, modification and disclosure. The servers used to store User information are maintained in a secure environment with appropriate security measures. Company also limits access to personally identifiable information to those employees and contractors who need access in order to carry out their job responsibilities. Such protective measures are designed to limit access to User's Content, Data, and other personal information. Please note that despite Company's efforts, factors beyond Company's control may result in disclosure of User Content, Data, or other personal information. Accordingly, Company is not in a position to guarantee that User information will be secure under all circumstances and Company offers no warranties or representations with regards to the maintenance or non-disclosure of User Content, Data, or other personal information.

Use of Data and Content

Company does not disclose, trade, rent, sell or otherwise transfer User Data or Content except as otherwise set out herein or as required or permitted by applicable law. Company may disclose, transmit, share, or provide access to User Data and/or Content as follows: (a) as provided in these Terms of Use or our Privacy Policy; (b) pursuant to User's consent, authorization, or designation (for example, when User designates educational institutions, business organizations, or other persons, entities, or organizations to have access to or copies of User's background report, immunization records, Data, Content, or verifications contained within User's Account); (c) to educational institutions and/or departments, institutions, or programs within such educational institutions at which User is admitted or attending instruction or class, or applying or being considered for admission or instruction (collectively, "Educational Institutions"); (d) to Company's agents, employees, or contractors as necessary, in Company's discretion, to perform services on behalf of Company or provide the products or services requested or purchased by User, such as background reports; (e) as required or permitted by applicable law, subpoena, or order of any court or government agency; or (f) Company or the Website are purchased, in which event the third-party purchaser will have access to and use of the Data and Content in accordance with these Terms of Use.

Educational Records Consent, Authorization, and Release

User understands and agrees that any Educational Institution automatically shall have access to the Data and Content in User's Account (including, without limitation, drug test results, immunization records, background reports and verifications, CPR and other certifications, license and training verifications and certifications, health-care physical records, and other information) which is required by such Educational Institution for purposes of the Educational Institution's consideration or review of User for admission, acceptance, placement, or retention at the Educational Institution or any clinical program of the Educational Institution. In addition, User understands and agrees that any other person, entity, educational institution, or organization designated by User on User's Account shall have access to the Data and Content in User's Account designated by User. User also understands and agrees that Educational Institutions, even if not directly designated by User within User's Account, automatically shall have access to the Data and Content (including, without limitation drug test results, immunization records, background reports and verifications, CPR and other certifications, license and training verifications and certifications, health-care physical records, and other information) contained within User's Account when such Data and Content is required by such Educational Institution for purposes of the Educational Institution's consideration or review of User for admission, acceptance, placement, or retention at the Educational Institution or any clinical program of the Educational Institution.

User further understands and agrees that Company and its employees, contractors, representatives, and agents shall have access to User's Content, Data, background reports and verifications, drug test results, and immunization records for purposes of providing the products and services requested, purchased or ordered by User or User's Educational Institution(s) including, without limitation, for purposes of assessing eligibility for clinical practice.

Business Organization Release

User understands and agrees that any business organization, entity, or person designated by User shall automatically have access to the Data and Content (including, without limitation, drug test results, immunization records, background reports and verifications, CPR and other certifications, license and training verifications and certifications, health-care physical records, and other information) contained within User's Account and designed by User.

Record Keeping Release

User acknowledges and agrees that Company cannot be responsible for, and shall have no liability for, the record keeping practices of third parties such as, but not limited to, the Department of Motor Vehicles, Superintendent of Motor Vehicles or other similar regulatory authority, municipal, county, state, provincial, and federal courts, state repositories, prisons, local police stations, federal bankruptcy courts, federal civil courts, medical boards, drug testing facilities and other professional licensing organizations, and other local, state, provincial, and federal organizations. User, on behalf of User and User's heirs, successors, assigns, and legal representatives hereby releases and forever discharges Company Parties from any and all claims, liabilities, damages, actions, and losses in any way related to or connected with any errors or omissions contained in or omitted from any information obtained from any third parties.

Passwords

All Accounts are password protected. When Users create their Account, Users shall choose a unique username and password. Users shall not disclose their username or password to any third party or permit any third party the use of their username or password. Furthermore, Users are solely responsible for maintaining the confidentiality of their username and password and for any and all activities that occur under that name and password. User shall immediately notify Company if User has any suspicion that an unauthorized party is accessing User's Account. Company will never ask for User's password in an unsolicited phone call or email. User may change his/her password at any time. User is solely liable for all activity, whether or not authorized by User, which occurs under User's Account or password.

Ownership of Intellectual Property on Website

Company owns and retains all proprietary and other intellectual property rights in and to the Website. The Website contains certain protected materials such as trademarks, copyrights, and other proprietary information of Company and its licensors ("Protected Materials"). Except for any information which is in the public domain, User may not copy, modify, publish, transmit, distribute, perform, display, or sell any such Protected Materials or information without the express written consent of Company. All trademarks, service marks and logos used on the Website are the sole property of Company and/or its licensors. All content created by Company, its licensors, or its suppliers and included on the Website, such as text, logos, graphics, images, java script code, HTML code, and other software, is the property of Company, or its licensors or suppliers. User does not have any rights or licenses to use any trademarks, service marks, logos, or any other proprietary information contained on the Website.

Fees

User acknowledges that Company reserves the right to charge for access to the Website and for the various products and services offered or provided through the Website, and to change such fees from time to time in its discretion. The fees charged to User for products and services offered through the Website may be established through a contractual relationship between Company and User's Educational Institution, and may be based on the products and services that such educational institution requests be performed by Company with respect to User.

If Company terminates User's Account because User breaches these Terms of Use, User shall not be entitled to a refund of any unused portion of subscription fees paid. Each User uploading, publishing, sharing, disclosing, entering, or displaying Content and Data on the Website is responsible for said Content and Data and compliance with these Terms of Use. All fees paid are non-refundable even in the event that Content or Data is removed from the Website.

Right to Delete/Terminate Account

Company, in its sole discretion, may delete User's Account or Data and Content with or without notice or liability to User. Company reserves the right to permanently block any User who violates these Terms of Use. Even after deletion of an Account, Company may retain User Data and Content as long as required for business or legal purposes. This information is maintained to allow Company to recover Data and Content and restore Accounts in the event of equipment or system failure or to abide by legal requirements.

User Conduct

Users shall not:

  1. Modify, adapt, translate, or reverse engineer any portion of the Website, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Website;
  2. Reformat or frame any portion of the Website;
  3. Attempt to probe, scan or test the vulnerability of Company's system or network or breach any security or authentication measures;
  4. Falsify any TCP/IP packet header or any part of the header information in any Content, or in any way use the Website to send altered, deceptive, or false source-identifying information;
  5. Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure protecting the Website;
  6. Upload, publish, display, or otherwise disseminate information that (a) infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property or applicable law; (b) is unsolicited or unauthorized and contains advertising or promotional materials, would be classified as junk mail, spam, chain letters, or a pyramid scheme, or any other form of such solicitations; (c) is unlawful, deceptive, threatening, abusive, inciting to unlawful action, obscene, harmful, harassing, defamatory, libelous, vulgar or violent, or is hateful, racially, ethnically or otherwise objectionable or constitutes hate speech; (d) contains objects or symbols of hate or invades the privacy of any third party; (e) contains nudity or pornography, including without limitation, any child pornography; (f) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, or interfere with the access of any User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing Website; or (g) includes code that is hidden or otherwise surreptitiously contained within the images, audio or video of any Content that is unrelated to the immediate, aesthetic nature of the Content;
  7. Remove or alter in any manner any copyright, trademark, or other proprietary right notices contained in or on the Website;
  8. Interfere with other User's use of the Website;
  9. Use any meta tags or other hidden text or metadata utilizing Company's name, trademarks, URL, or product names without Company's express written consent;
  10. Solicit or disseminate personal information about other Users without their express written permission;
  11. Impersonate or misrepresent User's affiliation with any person or entity, through pretexting or any other form of social engineering, or otherwise commit fraud;
  12. Resell the Website or the products or services offered, advertised, or sold through the Website, in whole or in part;
  13. Violate any applicable law, regulation, or ordinance;
  14. Collect information from or about other Users, by any means, for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website;
  15. Send unsolicited email advertisements to Company's email addresses or the email addresses of Company's officers, directors, shareholders, employees, or contractors, or to other User's email addresses;
  16. Link to the Website on any other website without the prior written consent of the company; or
  17. Use the Website in any manner not permitted by these Terms of Use.

Indemnity

User agrees to defend, indemnify, and hold each of the Company Parties harmless from and against any and all loss, damage, claim judgment, demand, liability, or expense (including reasonable attorneys' fees and expenses), in any way related to, arising out of, or connected with:

  1. User's Content or Data;
  2. User's use of the Website
  3. User's providing of false, inaccurate, misleading, or fraudulent Data or other information to Company;
  4. User's connection to the Website;
  5. User's violation or breach of any of these Terms of Use;
  6. User's violation or breach of any representation or warranty made by User to Company;
  7. User's violation or breach of any third party right, including without limitation, any intellectual property right, defamation, breach of confidence, or privacy right; or
  8. Any claim that User's Content caused damage to a third party.

User's defense and indemnification obligations shall survive the termination of User's Account and the termination of User's use of the Website. User is solely responsible for his/her actions when using the Website, including, but not limited to, costs incurred for Internet access.

No Liability

User agrees that use of the Website is at User's sole risk. The Website is provided on an "AS IS" and "AS AVAILABLE" basis, except as otherwise prohibited by applicable law. Company expressly disclaims any representation or warranty of any kind, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement of intellectual property. Company does not guarantee any specific results from use of the Website. No advice or information, whether oral or written, obtained by User from Company, or from or through use of the Website shall create any representation or warranty not expressly stated herein. Company assumes, and shall have, no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, or communications line failure. Company is not liable for any problems or technical malfunction caused by any of the equipment or programming associated with or utilized by the Website.

Except in jurisdictions where such provisions are restricted, in no event shall any Company Parties be liable to User or any other person, entity, or organization for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from or in any way related to User's use of the Website, User's purchase or use of any of the products or services offered, advertised, or sold through the Website, or any of the Website content or other materials, even if arising from Company's negligence and even if Company is aware or has been advised of the possibility of such damages.

Notwithstanding anything to the contrary contained herein, Company Parties' liability to User for any cause of action, claim, or liability whatsoever, and regardless of the form of the cause of action, claim or liability, shall at all times be limited to the amount paid, if any, by such User to Company for the specific product or service which is the subject of the claim, but in no event shall any Company Party's liability to User exceed One Thousand Dollars ($1,000.00). User acknowledges that if no fees are paid to Company by User for any product or service, User shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from Company Parties, regardless of the cause of action.

Links

The Website contains links to other websites. Company is not responsible for, and shall have no liability to User with respect to, the privacy policies, terms of use, content, products, services, and/or operations, practices or policies on these other websites. Inclusion on the Website of a link to another website does not imply that Company approves of or endorses such website or its products or services. When linking to another website a User should read the terms of use and privacy policy posted on that website. Company's Terms of Use and Privacy Policy only govern Company's Website. User accesses third-party websites at User's own risk. When accessing a third-party website via a link, the User is leaving Company's Website and is conducting User's business or other transactions with such other third-party, not with Company. User, on behalf of User and User's heirs, successors, assigns, and personal representatives, hereby releases and forever discharges Company Parties from any and all claims, damages, causes of action, losses, and liabilities in any way related to or connected with such third-party websites, User's use of such third-party websites, such third-party websites' use of User's information and data provided by User to such third-party website (including personally identifiable data) and the products or services sold, offered, advertised, or purchased on or through such third-party websites.

Advertiser Relationships

User is free to participate in the promotions of, and purchase the products and services of, advertisers on the Website. Any such participation, including the delivery of and the payment for products and services, and any other terms, conditions, warranties or representations associated with such participation, are solely between User and the advertiser. Company assumes no, and shall have no, liability, obligation, or responsibility for any part of any such participation or transaction.

Non-Commercial Use

The Website is for User's personal use only. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Company.

Use of Cookies

Company uses cookies to collect and store User's preferences, usage habits, and record session information. A cookie is a small data file that is transferred to User's hard drive. A cookie file can contain information such as the URL, computer IP address, domain type, browser type, the country, state, province and telephone area code where User's server is located, the pages of the Website viewed, and any search terms entered on the Website. These cookies allow Company to customize the Website content to User's preferences, profile, and/or demographic information. Users may configure their browser to accept or reject all or some cookies, or notify User when a cookie is set. If a User decides not to enable cookies, Users may not be able to use most functions on the Website. Please note that Company allows third party advertisers to access cookies on a User's computer. Advertisers' use of cookies is subject to their own privacy policies, not these Terms of Use.

Third Party Advertising

Advertisements may be delivered to User by Company or a third-party company that has an advertising contractual relationship with Company ("Advertiser"). Such Advertisers may set cookies on User's computer to allow the Advertisers to recognize User's computer in the future and store User's preferences. Company and Advertisers may use the cookies to compile information about User. Such information allows Company and Advertisers to deliver targeted advertisements that it or they believe will be of most interest to User. These Terms of Use cover only Company's cookies, not the use of cookies by any third party Advertisers.

International Users

Company may collect, process, and maintain User information in the United States, where privacy laws may not be as protective as in a User's home country. Users using the Website from outside the United States are consenting to the transfer of User's information to the United States for processing and maintaining in a manner consistent with these Terms of Use.

Contact Information

User may contact Company through a variety of methods. Company may keep records of such contacts for the purpose of responding to User requests and improving its product and service offerings.

Surveys

Company may request User to participate in surveys relating to the Website, Company, or Company's affiliates or third party advertisers. Participation in such surveys is completely voluntary. However, Company encourages User to participate in these surveys as they provide information which will be used to improve the Website and our product and service offerings. The surveys may request contact information, such as User's name and email address, demographic information, age, or income level. Company, its affiliates and third party advertisers conduct such surveys in order to target advertising and learn User preferences. Company may share aggregated non-personally identifiable information collected from these surveys with its affiliates, third party advertisers, and the general public, but will not share User's personally identifiable information with any third party without User's prior consent.

Contests and Sweepstakes

Company may hold contests, sweepstakes, or other promotions on the Website. Participation in such contests, sweepstakes or other promotions is voluntary and may require entrants to provide personal or contact information. Company will use the information collected to verify the entrant's identity and age, administer the entrant’s participation in the contest, sweepstakes or other promotion and to communicate with entrants. Company will not share any of the entrant's personal or contact information with any third party except to service providers, if any, as disclosed at the time of entry, if User is a contest winner, or as may be required by law. Company may make information about entrants available in aggregated form to advertisers, partners and the general public.

Mergers, Acquisitions and Bankruptcy

In the event that all or part of the Company is acquired by or merged with any third party entity, or in the unlikely event of the Company’s bankruptcy, insolvency, reorganization, receivership or assignment, Company reserves the right, in any of these circumstances, to transfer or assign Users' Content and Data, and the licenses obtained from User for Content and Data, and any information Company has collected from User.

Choice of Law

Unless the applicable laws of your jurisdiction require that the laws of that jurisdiction govern, in which case, the laws of such jurisdiction are to govern, User agrees that, notwithstanding the principles of conflicts of law, the internal laws of the State of North Carolina shall govern and control the validity, interpretation, performance, and enforcement of these Terms of Use and any dispute between User and Company. Further, unless otherwise required by law, User agrees that any action relating to these Terms of Use or the Website (including, without limitation, User's use of the Website) shall be instituted and prosecuted only in the courts of the County of New Hanover, State of North Carolina or the federal Eastern District of North Carolina, and User consents to the jurisdiction of said courts and waive any right or defense relating to such jurisdiction or venue.

Severability

If any of the terms, provisions, or conditions contained in these Terms of Use shall be deemed invalid, void, or unenforceable, that specific term, provision, or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms, provisions, and conditions.

For your convenience, CertifiedProfile is available as a mobile application and web-based hub.