certified.org terms of service
Acknowledgement and Acceptance of Terms and ConditionsAcknowledgement and Acceptance of Terms and Conditions
Welcome to Certified.org. By using our website, you are deemed to accept the following terms and conditions (the “Terms”) which represent a binding agreement between Certified Marketing Services, Inc., a Nevada corporation (“Certified.org”) and you (“you”), as a visitor to the Certified.org website or any website that includes content provided by Certified.org (collectively, the “Site”), and, if applicable, a user of the vehicle information, promotion and sale services that Certified.org provides (collectively, the “Service”).
THESE TERMS GOVERN YOUR USE OF THE SERVICE AND THE SITE, AND YOU SHOULD READ THEM CAREFULLY BEFORE USING THE SERVICE OR THE SITE. BY USING THE SERVICE OR ACCESSING THE SITE, YOU AGREE TO BE BOUND BY ALL THE TERMS CONTAINED HEREIN. ANYONE WHO USES THE SERVICE IN CONNECTION WITH THE SALE OR PURCHASE OF A VEHICLE MAY ALSO BE REQUIRED TO AGREE TO BE BOUND BY ANY TERMS OF SALE MAINTAINED BY CERTIFIED.ORG AND/OR ITS AFFILIATES (AS DEFINED HEREIN). ANY SUCH TERMS OF SALE WILL BE PROVIDED TO YOU BEFORE YOU COMPLETE YOUR SALE OR PURCHASE TRANSACTION.
IF AT ANY TIME YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU MUST IMMEDIATELY CEASE ALL USE OF THE SITE AND THE SERVICE.
FOR PURPOSES OF THESE TERMS, THE TERM “AFFILIATE(s)” SHALL BE DEEMED TO INCLUDE COMPANIES WITH WHICH CERTIFIED.ORG HAS STRATEGIC BUSINESS RELATIONSHIPS OR AGREEMENTS, WHETHER OR NOT SUCH COMPANIES DIRECTLY OR INDIRECTLY CONTROL, IS CONTROLLED BY OR IS UNDER COMMON CONTROL OF CERTIFIED.ORG, AND WHETHER SUCH COMPANIES ARE ENGAGED IN SOME TYPE OF MARKETING AND/OR REFERRAL AGREEMENT OR ARRANGEMENT WITH CERTIFIED.ORG OR CERTIFIED.ORG’S AFFILIATES IN CONNECTION WITH THE SERVICE.
1. This is a binding agreement. By using the Site and the Service, you agree to abide by these Terms, as they may be amended by Certified.org from time to time in its sole and absolute discretion. Certified.org will exercise reasonable efforts to post a notice on the Site any time these Terms have been changed or otherwise updated, but it is solely your responsibility to review these Terms periodically, and if at any time you find these Terms unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT AND ANY AGREEMENTS REQUIRED IN CONNECTION WITH YOUR USE OF THE SERVICE.
2. Certified.org reserves the right to terminate your use of the Service or the Site. In order to ensure that Certified.org provides a high-quality experience for you and for other users of the Site and the Service, you agree that Certified.org or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights, or other unauthorized uses of the Site or the Service. Certified.org does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Certified.org reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Certified.org believes that you have violated any of these Terms, furnished Certified.org with false or misleading information, or interfered with use of the Site or the Service by others. In addition, and without limiting the foregoing, Certified.org reserves the right to delete, remove or otherwise disable access to any listings or other vehicle information that Certified.org deems (in its sole discretion) to be misleading, inaccurate, fraudulent, abusive or otherwise inappropriate for inclusion in the Service. Certified.org will not provide any refunds for listings that were found to be in violation of these Terms and therefore removed from the Service.
3. The Site and the Service are at all times provided on an “AS IS” and “WHERE IS” basis, and Certified.org lists vehicles for sale, and you accept any vehicle you purchase, “AS IS” and “WHERE IS.” Any warranties you may receive in connection with a purchased vehicle are provided by or on behalf of the seller of the vehicle, and not by Certified.org or its Affiliates in any way. Certified.org makes no warranties, express or implied, regarding the condition or quality of any vehicle available through the Service, and to the maximum extent permitted by law, CERTIFIED.ORG EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANY VEHICLE YOU MAY PURCHASE THROUGH THE SERVICE OR OTHERWISE FROM A CERTIFIED.ORG SELLER, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
5. Certified.org does not warrant any of the information provided from the Site or through the Service. Certified.org does not warrant that vehicle information provided on the Site or through the Service will be accurate or up to date at all times. This includes (but is not limited to) any information that Certified.org or its representatives may provide to prospective buyers who are interested in vehicles for sale through Certified.org’s service or any similar service offering. Some information made available on the Site has been provided by third parties, such as vehicle sellers, bloggers and commenters to blogs (such information, collectively, “Third-Party Content”). The inclusion or appearance of Third-Party Content on the Site does not indicate any approval or endorsement by Certified.org of such Third-Party Content, or of any opinion, advice, or other information made or displayed on the Site by any user or other third party. Certified.org is not responsible for, and hereby disclaims any and all liability that may arise from Third-Party Content.
6. Amounts that you pay to Certified.org are non-refundable and Certified.org has no obligation to reimburse you whatsoever. Some of the services that Certified.org offers as part of the Service may require payment of a fee to Certified.org. Information regarding our fees and the different services that we offer for a fee can be found on the Site, and you will be required to confirm the services you have selected and the amount of your payment before your credit card is charged. Once your card has been charged, however, Certified.org will not be able to make any refund of the amounts you have paid for the Service.
7. Certified.org may recommend Affiliates to assist you with the sale and purchase of a vehicle. As part of the Service, Certified.org may from time to time recommend to buyers and sellers the services of Certified.org’s trusted Affiliates. Certified.org may have referral arrangements with certain of its Affiliates, whereby Certified.org receives compensation for customers that are referred to the Affiliates. Please feel free to contact us if you have questions about any of these arrangements. Regardless of the financial or other arrangements that Certified.org may have with its Affiliates, any decision to use one or more of these Affiliates must be made by you in your sole discretion, and Certified.org makes no promises, representations or warranties regarding, and will have no liability arising out of or in any way related to, your decision to engage or otherwise work with any of these Affiliates. Each of these Affiliates will have its own terms or contractual arrangements, and it is your responsibility to review those terms carefully when deciding whether to engage the relevant business partner.
8. Certified.org may take steps to enforce, and to ensure compliance with, these Terms. Certified.org may conduct, and you hereby consent to, random inquiries and tests to ensure the legitimacy of vehicle listings and their contents, which inquiries and tests may include, where necessary, a review of messages to buyers or sellers sent using the Service. You understand and agree that you have no expectation of privacy in messages sent using the Service. Users who are found to be in violation of these Terms may be denied use of and access to the Site and the Service.
9. Certified.org employs a two-step dispute resolution procedure. In the event that you should have any concerns or complaints about Certified.org, the Site, the Service, or Certified.org’s role in your sale or purchase of any vehicle, you must contact Certified.org to resolve those issues through the dispute resolution process (discussion, then arbitration) described under Section 20 below. This two-step process is important to Certified.org’s ability to bring you the Site and the Service, and by using the Site and the Service, you are agreeing to this two-step process as your sole and exclusive remedy in the event of any dispute, complaint or other claim or issue involving Certified.org.
11. Certified.org may make certain software and other copyrighted materials available to you from the Site. If you download software or other copyrighted materials from the Site (even if only for the temporary viewing of or other access to those materials), those materials, including all files and images contained in or generated by any software you download, as well as any accompanying documentation or data (collectively, “Licensed Materials”) are deemed to be licensed to you by Certified.org or its licensors, for your personal, non-commercial home use only. You do not receive either title to or ownership of the intellectual property rights embodied in the Licensed Materials, and Certified.org and its licensors retain full and complete title to the Licensed Materials as well as all intellectual property rights therein. You may not sell, redistribute or reproduce the Licensed Materials, nor may you decompile, reverse engineer, disassemble or otherwise convert any software included in the Licensed Materials to a human-perceivable form. All trademarks and logos are owned by Certified.org or its licensors and you may not copy or use them in any manner.
12. When accessing the Site or using the Service, you agree to obey all laws and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you will be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any Content you provide or transmit, or that is provided or transmitted using your computer, your account or any User ID that you choose or that we provide you. The burden of proving that any Content does not violate any laws or third-party rights rests solely with you. In addition, it is your obligation as a seller or a buyer of a vehicle through the Service to provide complete and accurate information in response to all requests for information by Certified.org and in response to all inquiries from sellers or prospective buyers.
13. You will not make certain types of Content available. You agree not to upload, download, display, perform, transmit or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services, other than any vehicle advertisement or inquiry that is provided in accordance with these Terms. Certified.org reserves the right to terminate your receipt, transmission or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers, or request deletion of such material from the servers of its Affiliates. Certified.org intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.
14. Certified.org imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of the Service, the Site or any associated system or network, or to breach security or authentication measures without proper authorization, (c) interfering or attempting to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing” or “crashing,” (d) using the Site or Service to send unsolicited email, including, without limitation, promotions or advertisements for products or services (excluding vehicle advertisements provided in accordance with these Terms), (e) forging any TCP/IP packet header or any part of the header information in any email or in any posting using the Service, or (f) attempting modify, reverse engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human perceivable form any of the source code used by Certified.org in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
15. Certified.org has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. In accordance with the Digital Millennium Copyright Act of 1998 (the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf), Certified.org will respond expeditiously to any written claims of copyright infringement that are reported to Certified.org's designated copyright agent identified below. Certified.org has adopted a policy that provides for the suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Certified.org or of a third party, or otherwise violated any intellectual property laws or regulations. Certified.org's policy is to investigate any allegations of copyright infringement brought to its attention. If you are a copyright owner, or are authorized to act on behalf of an owner of the copyright or of any exclusive right under applicable copyright laws, and believe that such protected work has been copied in a way that constitutes copyright infringement, please provide Certified.org's copyright agent with the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (iii) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Certified.org to locate the material; (iv) information reasonably sufficient to permit Certified.org to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. All claims of copyright infringement on or regarding this website should be delivered via email to Certified.org's designated copyright agent by sending an email as follows: firstname.lastname@example.org; in the “subject line” type: Copyright Infringement Notice and include a message that contains the requested information.
16. Certified.org Disclaims All Warranties (Please Read This Carefully). The Site and Service is available for usage "AS IS" without warranty of any kind. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABLITY TO USE, THE SITE AND THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CERTIFIED.ORG EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. CERTIFIED.ORG DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE.
17. The Liability of Certified.org to You is Limited (Please Read this Carefully). TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL CERTIFIED.ORG OR ANY OF ITS AFFILIATES BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR THE SERVICE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY CERTIFIED.ORG OR ANY OF ITS AFFILIATES. This limitation will apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
18. Certified.org has no control over, and no liability for any third-party websites or materials. Certified.org works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Certified.org nor the Site has control over the content and performance of these partner and affiliate sites, Certified.org makes no guarantees about the accuracy, currency, content or quality of the information provided by such sites, and Certified.org assumes no responsibility for unintended, objectionable, inaccurate, misleading or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Certified.org makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content or quality of this third-party content, and that, unless expressly provided otherwise, these Terms will govern your use of any and all third-party content.
19. You Agree to Indemnify Certified.org for Certain of Your Acts and Omissions. You agree to indemnify, defend and hold harmless Certified.org, its affiliates, officers, directors, employees, consultants, agents and representatives from any and all third party claims, losses, liability, damages and/or costs (including reasonable attorneys' fees and costs) arising from your access to or use of the Site or the Service, your violation of these Terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Certified.org will notify you in writing of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage or cost.
20. Certified.org Has a Two-Step Process for Resolving Disputes that Involve Certified.org. In the event of any dispute regarding the Site or the Service or in connection with any purchase you make using any of the services Certified.org provides to you, you agree to resolve that dispute exclusively through a two-step process, as follows:
20.1 Step 1: Discuss. You will let Certified.org know about the dispute by contacting our dedicated call center to report the problem, and then you will work directly with representatives at the call center to try to resolve the dispute. Certified.org believes that direct discussions between you and Certified.org are the best way to obtain a quick and mutually satisfactory resolution to any dispute. If you can't work something out with Certified.org within 10 days after you call to report the dispute, then the dispute resolution process moves to step 2 by bringing in a third party to arbitrate the claim, as described in the paragraph that follows.
20.2 Step 2: Arbitrate. Any dispute arising out of or relating to these Terms that cannot be resolved by direct discussions as outlined above will be determined exclusively by arbitration before one arbitrator in accordance with these Terms. Certified.org requires, and you agree, that any arbitration conducted hereunder will be administered by JAMS, Inc., a leading national provider of dispute resolution services. The arbitration will be held in Los Angeles, California pursuant to JAMS' Streamlined Arbitration Rules and Procedures. The arbitrator may, in his or her award, allocate all or part of the costs of the arbitration, including the arbitrator's fees and the reasonable attorneys’ fees of the prevailing party. Judgment on the award of the arbitrator may be entered in any court having jurisdiction.
And just so it’s clear that Certified.org intends for the foregoing agreement to arbitrate to be comprehensive, this will confirm your agreement and understanding that any and all disputes over the breach, termination, enforcement, interpretation or validity of these terms (which includes any determination of the scope or applicability of this agreement to arbitrate) will be subject to the arbitration requirement set forth above. Also, so there’s no confusion over what laws, rules or procedures might apply to the interpretation of this agreement to arbitrate, this will confirm that the arbitration described in these Terms will be governed by the Federal Arbitration Act (Title 9, Chapter 2 et seq. of the U.S. Code), and not by the laws of any particular state or other jurisdiction regarding arbitration.
21. Certain Other, General Terms Apply to this Agreement.
21.1 This Agreement will be construed in accordance with and governed by the laws of the United States and the State of Nevada, without reference to its rules regarding conflicts of law, except for the agreement to arbitrate described above, which will be subject only to the Federal Arbitration Act.
21.2 If, for whatever reason, any arbitrator or court of competent jurisdiction were to find any term or condition in these Terms to be unenforceable, all other terms and conditions would remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
21.3 Nothing contained on the Site or provided by the Service should be understood as granting you a license to use any of the trademarks, service marks or logos owned by Certified.org or by any third party.
21.4 The Site is controlled and operated by Certified.org from its offices in the State of California. Certified.org makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other jurisdictions. Your use of or access to the Site should not be construed as Certified.org’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than Nevada.
21.5 Certified.org may, in its sole discretion and without prior notice: (a) revise these Terms; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Certified.org will post any revision to these Terms to the Site, and the revision will be effective immediately upon such posting. You agree to review these Terms and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you will abide by any such revision.
22. Refund Policy. Certified.org offers very limited opportunities for users to obtain refunds of monies paid to Certified.org. Note the following policies: a user may be entitled to a full refund for a Certified.org listing, or a free listing, if such listings and/or requested service is cancelled, in writing, within twenty four (24) hours after the listing is requested. Refund requests can be made to email@example.com, and must contain the name of the customer, the VIN number of the vehicle, and reason for the requested refund. For vehicle service agreements and other types of insurance products, refer to the particular agreement for exact terms, coverages, exclusions and/or applicable refund policies.
23. NMVTIS Disclaimer. The National Motor Vehicle Title Information System (NMVTIS) is an electronic system that contains information on certain automobiles titled in the United States. NMVTIS is intended to serve as a reliable source of title and brand history for automobiles, but it does not contain detailed information regarding a vehicle's repair history.
All states, insurance companies, and junk and salvage yards are required by federal law to regularly report information to NMVTIS. However, NMVTIS does not contain information on all motor vehicles in the United States because some states are not yet providing their vehicle data to the system. Currently, the data provided to NMVTIS by states is provided in a variety of time frames; while some states report and update NMVTIS data in "real-time" (as title transactions occur), other states send updates less frequently, such as once every 24 hours or within a period of days.
Information on previous, significant vehicle damage may not be included in the system if the vehicle was never determined by an insurance company (or other appropriate entity) to be a "total loss" or branded by a state titling agency. Conversely, an insurance carrier may be required to report a "total loss" even if the vehicle's titling-state has not determined the vehicle to be "salvage" or "junk."
Before making a decision to purchase a vehicle, consumers may wish to obtain an independent vehicle inspection, a NMVTIS Vehicle History Report, and consult other available vehicle information resources.
The information in NMVTIS INCLUDES:
> Information from participating state motor vehicle titling agencies.
> Information on automobiles, buses, trucks, motorcycles, recreational vehicles, motor homes, and tractors. NMVTIS may not currently include commercial vehicles if those vehicles are not included in a state's primary database for title records (in some states, those vehicles are managed by a separate state agency), although these records may be added at a later time.
> Information on "brands" applied to vehicles provided by participating state motor vehicle titling agencies. Brand types and definitions vary by state, but may provide useful information about the condition or prior use of the vehicle.
> Most recent odometer reading in the state's title record.
> Information from insurance companies, and auto recyclers, including junk and salvage yards, that is required by law to be reported to the system, beginning March 31, 2009. This information will include if the vehicle was determined to be a "total loss" by an insurance carrier.
> Information from junk and salvage yards receiving a "cash for clunker" vehicle traded-in under the Consumer Assistance to Recycle and Save Act of 2009 (CARS) Program.
Consumers are advised to visit www.vehiclehistory.gov for details on how to interpret the information in the system and understand the meaning of various labels applied to vehicles by the participating state motor vehicle titling agencies.
24. Certified.org Disclaimer. The title records, junk/salvage/insurance records, and reported vehicle brands listed in the “Problem Check” section of the Vehicle History Report is compiled from data in NMVTIS. This vehicle history data is passed from our connection with a reseller to our servers, which serves this report to your browser. This process of compiling the report through our connection with the NMVTIS reseller has been tested. However, Certified.org neither enters nor validates the data in NMVTIS, so Certified.org does not guarantee the accuracy or completeness of the data presented.
25. Contact Information. You may contact Certified.org by mail at 23679 Calabasas Road, Ste. 773, Calabasas, CA, 91302, by email at firstname.lastname@example.org, or by telephone at (855) 55GOCPO.
Copyright © 2013 Certified.org, Inc. All rights reserved.