FedCerts CRM Terms of Service
Welcome to FedCerts CRM, telemarketing service, operated by FedCerts, LLC and its affiliates.
by using the FedCerts CRM service (the "FedCerts CRM service"), you accept and agree to be
bound by the following terms and conditions (the "Terms of Service"). Nothing in these
Terms of Service should be construed to confer any rights to third party beneficiaries.
changes to FedCerts CRM and terms and conditions
We reserve the right to modify or terminate the FedCerts CRM service for any reason, and
without notice, without liability to you, any other Member or any third party. We also
reserve the right to modify these Terms of Service from time to time without notice. You are
responsible for regularly reviewing these Terms of Service so that you will be apprised of
any changes.
eligibility and registration
You must be 18 years or older to use the FedCerts CRM service. By
registering for the FedCerts CRM service, you represent and warrant that
you are 18 or older and that you have the capacity to understand, agree to
and comply with these Terms of Service.
In addition, you must provide true, accurate and complete registration
information to be an FedCerts CRM member ("Member"). As part of the
registration process, you will be asked to select a username and password
and you will be responsible for all activities occurring under your username
and for keeping your password secure. We may refuse to grant you a username
that impersonates someone else, is or may be protected by trademark or
proprietary rights law, or is vulgar, offensive or otherwise inappropriate,
as determined by us in our sole discretion.
appropriate conduct and content; personal or commercial use
The FedCerts CRM service is made available for your personal or commercial use.
You may not use the FedCerts CRM service for any illegal or unauthorized
purpose. International users agree to comply with all local rules regarding
online conduct and acceptable content, including laws regulating the export
of data from the United States or your country of residence. You are solely
responsible for your conduct and any data, text, information, graphics,
photos, profiles, audio and video clips, links and other content
("Materials") that you submit, post, and display on the FedCerts CRM service.
We may, but shall have no obligation to, remove Materials that we
determine in our sole discretion are unlawful, fraudulent, threatening,
libelous, defamatory, obscene or otherwise objectionable, or infringes or
violates any party's intellectual property or other proprietary rights or
these Terms of Service.
Other examples of illegal or unauthorized uses include, but are not limited to:
- modifying, adapting, translating, or reverse engineering any portion of
the FedCerts CRM service;
- removing any copyright, trademark or other proprietary rights notices
contained in or on the FedCerts CRM service;
- using any robot, spider, site search/retrieval application, or other
device to retrieve or index any portion or the FedCerts CRM service;
- collecting any information about other Members (including usernames
and/or email addresses) for unauthorized purposes;
- reformatting or framing any portion of the web pages that are part of
the FedCerts CRM service;
- creating user accounts by automated means or under false or fraudulent
pretenses;
- creating or transmitting unwanted electronic communications such as
"spam," or chain letters to other Members or otherwise interfering with
other Member's enjoyment of the service;
- submitting Materials of any third party without such third party's
prior written consent;
- directing any user (for example, by linking) to
any Materials of any third party without such third party's prior written
consent;
- submitting Materials that falsely express or imply that such Materials
are sponsored or endorsed by FedCerts CRM;
- submitting Materials that infringe, misappropriate or violate the
intellectual property, publicity, privacy or other proprietary rights of
any party;
- transmitting any viruses, worms, defects, Trojan horses or other items
of a destructive nature;
- submitting Materials that are unlawful or
promote or encourage illegal activity; or
- submitting false or
misleading information.
While FedCerts CRM prohibits such conduct and content on its site, you
understand and agree that you nonetheless may be exposed to such Materials
and that you use the FedCerts CRM service at your own risk.
FedCerts CRM's proprietary rights
By submitting, posting or displaying any Materials on or through the
FedCerts CRM service, you automatically grant to us a worldwide,
non-exclusive, sublicenseable, transferable, royalty-free, perpetual,
irrevocable right to copy, distribute, create derivative works of, publicly
perform and display such Materials. That said, our use of your personal
information is governed by our Privacy Policy and we will never rent, sell
or share your personal information with any third party for marketing
purposes without your express permission.
FedCerts CRM and its affiliates and licensors own and retain all
rights in the FedCerts CRM Web site and service, which contain proprietary
and confidential information that is protected by applicable intellectual
property and other laws. Except as expressly authorized by FedCerts CRM,
you may not copy, modify, publish, transmit, distribute, perform, display or
sell any of FedCerts CRM's proprietary information. "FedCerts CRM" and
"FedCerts CRM" are trademarks of FedCerts CRM .
It is our policy to respond to notices of alleged infringement that
comply with the Digital Millennium Copyright Act.
privacy policy Our collection and use of personal information is
governed by our Privacy Policy. Click here to review the FedCerts CRM Privacy Policy. You understand and agree that FedCerts CRM may access,
preserve, and disclose your personal information and the contents of your
account if required to do so by law or in a good faith belief that such
access preservation or disclosure is reasonably necessary to comply with
legal process or protect the rights and property of FedCerts CRM, its
affiliates or the public.
disclaimer of warranties
FedCerts CRM and its affiliates, licensors, partners, suppliers,
consultants and agents ("FedCerts CRM") disclaim any and all responsibility
or liability for the accuracy, content, completeness, legality, reliability,
or operability or availability of information or materials displayed on the
FedCerts CRM service. FedCerts CRM disclaims any and all responsibility and
liability for the conduct of any Member.
THE FEDCERTS CRM SERVICE, AND ALL MATERIALS, INFORMATION (INCLUDING,
WITHOUT LIMITATION, ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED
THROUGH THE FEDCERTS CRM SERVICES), PRODUCTS AND SERVICES INCLUDED THEREIN
ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. FEDCERTS CRM EXPRESSLY
DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND
STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF
PROPRIETARY RIGHTS. Some states do not allow the exclusion or limitation of
implied warranties, so the above disclaimers and exclusions may not apply to
you.
YOU AGREE THAT YOUR USE OF THE FEDCERTS CRM SERVICE IS ENTIRELY AT YOUR OWN RISK.
hold harmless and indemnity
You agree to hold harmless and indemnify FedCerts CRM from and against
any third party claim arising from or in any way related to your use of the
FedCerts CRM service, including any liability or expense arising from all
claims, losses, damages (actual and consequential), suits, judgments,
litigation costs and attorneys' fees, of every kind and nature. In such a
case, FedCerts CRM will provide you with written notice of such claim, suit
or action.
limitation of liability
UNDER NO CIRCUMSTANCES WILL FEDCERTS CRM BE LIABLE TO YOU FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING
OUT OF OR IN CONNECTION WITH USE OF THE FEDCERTS CRM SERVICE, WHETHER OR
NOT FEDCERTS CRM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH
LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE
OR MISUSE OF AND RELIANCE ON THE FEDCERTS CRM SERVICE, FROM INABILITY TO
USE THE FEDCERTS CRM SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR
TERMINATION OF THE FEDCERTS CRM SERVICE (INCLUDING SUCH DAMAGES INCURRED BY
THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF
ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. Some states
do not allow the exclusion or limitation of incidental or consequential
damages, so the above limitation and exclusions may not apply to you. UNDER
NO CIRCUMSTANCES SHALL FEDCERTS CRM BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING
ONE THOUSAND DOLLARS ($1000.00).
term and termination
These Terms of Service will apply to your use of the FedCerts CRM service. You may terminate your membership immediately at any time, for any
reason, by Contacting Us. We may terminate
your membership immediately at any time, for any reason. Once your
membership terminates, you will have no right to use the FedCerts CRM service. Our proprietary rights, disclaimer of warranties, indemnities,
limitations of liability and miscellaneous provisions shall survive any
termination of your membership.
notices FedCerts CRM may provide you with notices regarding the
FedCerts CRM service or these Terms of Service by regular mail, email, or
postings to this Web site.
miscellaneous provisions
These Terms of Service will be governed by and construed in accordance
with the laws of the State of Florida, without giving effect
to its conflict of laws provisions or your actual state or country of
residence. The parties agree to submit to the personal and exclusive
jurisdiction of the courts located in the County of Pinellas,
Florida. If for any reason a court of competent jurisdiction
finds any provision or portion of the Terms of Service to be unenforceable,
the remainder of the Terms of Service will continue in full force and
effect. You shall not assign these Terms of Service or assign any rights or
delegate any obligations hereunder, in whole or in part, whether voluntarily
or by operation of law, without our prior written consent. Any such
purported assignment or delegation will be null and void and of no force or
effect.
Without limiting the foregoing, under no circumstances shall FedCerts CRM be held liable for any delay or failure in performance resulting directly or
indirectly from acts of nature, forces, or causes beyond its reasonable
control, including, without limitation, Internet failures, computer
equipment failures, telecommunication equipment failures, other equipment
failures, electrical power failures, strikes, labor disputes, riots,
insurrections, civil disturbances, shortages of labor or materials, fires,
floods, storms, explosions, acts of God, war, governmental actions, orders
of domestic or foreign courts or tribunals, non-performance of third
parties, or loss of or fluctuations in heat, light, or air conditioning.
These Terms of Service constitute the entire agreement between you and
FedCerts CRM with respect to the subject matter hereof and supersedes and
replaces all prior or contemporaneous understandings or agreements, written
or oral, regarding such subject matter. Any waiver of any provision of the
Terms of Service by a party will be effective only if in writing and signed
by a party.
refunds and returns
We offer full refunds on your remaining pre-paid balance upon request.
We do not offer refunds for monthly subscriptions such as Local DID's or Toll Free numbers.
There will be no refunds for one-time/setup fees. (custom toll free numbers)
We reserve the right to charge a 15% restocking fee on returned tangible items. We reserve
the right to charge shipping costs on all returned tangible items.
