Privacy Policy

Your information privacy is extremely important to us. We have prepared this Privacy Policy to explain how we collect, use, protect, and disclose information and data when you use the CertiFit, Inc. website (“Site”), any CertiFit mobile application,  any service offered by CertiFit such as chat, telephonic customer service interactions, and any other interactions with CertiFit. (“Services”). This Privacy Policy also explains your choices for managing your information preferences with respect to your Sensitive and Personal Information (defined below). This Privacy Policy applies to all users of the Site and Services. The Site and Services are CertiFit, Inc. (“Company” “we” “our” “us”).


BY USING THE SITE OR SERVICES, YOU ARE CONSENTING TO THIS PRIVACY POLICY. PLEASE READ IT CAREFULLY.

  • You can opt out of receiving certain emails by emailing us at itmanager@certifit.com. You are able to opt out of receiving marketing e-mails from us, however, you cannot opt out of receiving all e-mails from us, such as e-mails about the status of your account or an order.

  • Personal Information

    We collect information that personally identifies you, such as your name, mailing or billing address, telephone number, email address, email preferences, product or service reviews and testimonials, passwords for your Account and password hint questions, inventory purchased from us, parts number, the date purchased and other personally identifiable information that you choose to provide us with or that you choose to include in your account (“Personal Information”). You may be asked to provide us with Personal Information when you register with the Site or use any of our Services, when you place an order, and at other times.

    Sensitive Personal Information

    We may also collect personally identifying information that has been deemed by Law (defined below) as being more vulnerable in nature, including government-issued identifying numbers (e.g. driver license, passport, or social security number); financial account details that allow access to an account (such as a credit card number and access code); genetic data; precise geolocation; race or ethnicity; religious or philosophical beliefs; union membership; the contents of a user's mail, email, or text messages (unless your business is the intended recipient); biometric data; health data; or sexual orientation (“Sensitive Information”). Note that the categories listed above are defined by Law. Inclusion of a category in the list above indicates only that, depending on the site and services we provide you, we may collect some information within that category. It does not necessarily mean that we collect all information listed in a particular category for all our users.

    Usage Data and Site Activity

    We automatically collect information regarding the actions you take on the Site (“Usage Data”). For example, each time you use the Site we automatically collect the type of Web browser you use, your operating system, your Internet Service Provider, your IP address, the pages you view, the websites you visit before and after visiting the Site, and the time and duration of your visits to the Site. We may also collect web beacons, which includes the IP address of the computer that downloaded the page on which the beacon appears, the URL of the page on which the beacon appears, the time the page containing the beacon was viewed, and the type of browser used to view the page. We use this information to help us understand how people use the Site and Services, and to enhance the services we offer.

    We do not use your Sensitive or Personal Information for any automated decision making covered by Articles 22(1) and (4) of Regulation (EU) 2016/679.

    Geolocation Data

    For certain Applications that we offer, we may ask for location data and/or access location permission (Android apps may ask for precise location (GPS and network-based)). This allows the app to enable scanning for, connecting to, and maintaining a reliable Bluetooth connection with supported technology and/or devices, even when the app is in the background or not in use.

    This allows us to provide the optimal experience for our customers and end-users to ensure any technology and/or services (including apps) can reliably connect with approved partner technology and/or devices. We do not share, track, store, or access any geolocation data beyond the zip code and/or country that a user may provide when creating an account.

    Cookies and Anonymous Identifiers

    We use cookies (a small text file placed on your computer to identify your computer and web browser) and may use anonymous identifiers (a random string of characters that is used for the same purposes as a cookie). We use cookies and other anonymous identifiers to analyze use of and improve the Site and Services and as described in the Advertising and Online Tracking Section of this Privacy Policy. Most web browsers are initially set up to accept cookies. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent; however, certain features of the Site or Services may not work if you delete or disable cookies. Some of our Service Providers may use their own cookies, anonymous identifiers, or other tracking technology in connection with the services they perform on our behalf.

    We collect device-specific information (such as your unique device identifiers). We may associate your device identifiers with your account. We contract with third-party analytics services on the Site and Services to collect Usage Data, to analyze how users use the Site and Services, and to provide advertisements to you on other websites. For more information about how to opt out of having your information used by these third-party analytics services, see the “Contact Information” section below.

  • We process your Sensitive and Personal Information on the following legal bases, and for the following purposes: Only to the extent necessary to fulfill our business objectives, such as to provide you with the Site and Services, including to send you alerts about your account, to fulfill your orders or repairs, to fulfill email subscriptions, to respond to service inquiries, to improve the Site and Services, to manage our network and business, to notify you of new products or services, to personalize the Site and Services and our communications and advertising, and to otherwise communicate with you about our Company.

    We may also use your Sensitive or Personal Information to provide more relevant search results from the search functions of the Site and the Services. We may combine information we receive about you from different areas and aspects of the Site and Services and from other sources. We will not disclose Sensitive or Personal Information to third parties for their direct marketing purposes without your consent, except as explained in this Privacy Policy. We may disclose to third parties certain aggregated Usage Data regarding the Site and Services. We may disclose your information to comply with our legal obligations.

  • By using the Site or the Services you may make parts of your Sensitive or Personal Information visible and available to others. For example, when you post a comment or a photo on the Site other users may see your name (first name and last name initial), the city you live in and other information that you choose to make available to others.

  • From time to time, we may establish a business relationship with other businesses whom we believe trustworthy and who have confirmed that their privacy practices are consistent with ours (“Service Providers”). For example, we may contract with Service Providers to provide certain services, such as development, customer service calls (web-based chat, telephone, e-mail), hosting and maintenance, data storage and management, processing of orders, shipping product and publications, advertising, marketing, surveys and promotions, online training, participation or administration of promotions, and to provide marketing or promotional assistance. We only provide our Service Providers with the information necessary for them to perform these services on our behalf. Each of our Service Providers must agree to use reasonable security procedures and practices, appropriate to the nature of the information involved, in order to protect your Sensitive and Personal Information from unauthorized access, use, or disclosure. Service Providers are prohibited from using Sensitive or Personal Information for any purpose other than as specified by us.

  • We may allow third-party companies to collect certain anonymous information when you visit the Site and Services. These companies may use non-personally identifiable information (e.g., click stream information, web browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to the Site and other websites for the purpose of providing advertisements about goods and services likely to be of interest to you on other websites. These companies typically use a cookie to collect this information. Our systems do not recognize browser “Do Not Track” signals, but several of our Service Providers who utilize these cookies on our Site enable you to opt out of targeted advertising practices. To learn more about these advertising practices please contact CertiFit using the information provided below in the “Contact Information” section.

  • We may share Sensitive or Personal Information and Usage Data with businesses controlling, controlled by, or under common control with our Company. If our Company is merged, acquired, or sold, or in the event of a transfer of some or all of our assets, we may disclose or transfer Sensitive and Personal Information and Usage Data in connection with such transaction. You will have the opportunity to opt out of any such transfer if, in our discretion, it will result in the handling of your Sensitive and Personal Information in a way that differs materially from this Privacy Policy.

  • We cooperate with government and law enforcement officials and private parties to enforce and comply with the Law. We may disclose Sensitive or Personal Information and any other information about you to government or law enforcement officials or private parties if, in our discretion, we believe it is necessary or appropriate in order to respond to legal requests (including court orders and subpoenas), to protect the safety, property, or rights of our company or of any third party, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with the Law.

    CertiFit has not, does not, and will not sell any form of personal information.

  • Please be aware that whenever you share information on any public area of the Site or Services, that information may be accessed by others. In addition, please remember that when you share information in any other communications with third parties, that information may be passed along or made public by others. This means that anyone with access to such information can potentially use it for any purpose, including sending unsolicited communications.

  • We maintain physical, electronic, and procedural safeguards to protect the confidentiality and security of information transmitted to us. However, no data transmission over the Internet or other network can be guaranteed to be 100% secure. As a result, while we strive to protect information transmitted on or through the Site or Services, we cannot and do not guarantee the security of any information you transmit on or through the Site or Services, and you do so at your own risk.

  • Our Site and Services may contain links to and from other websites or allow you to share content on third party websites or social platforms, such as Facebook, TikTok and X. A link to a third party’s website or social platform does not mean that we endorse it or that we are affiliated with it. We do not exercise control over third party websites or social platforms; you access such third-party websites or social platforms at your own risk. You should always read the privacy Statement of a third-party website and social platform before sharing any information on or with them.

  • The Site and Services are intended for users who are 18 years old or older. We do not knowingly collect Sensitive or Personal Information from anyone under the age of 18. If we become aware that we have inadvertently received Sensitive or Personal Information from a child under the age of 18, we will delete such information from our records. California users under the age of 18 may request the removal of their content or information publicly posted on the Site or Services by contacting CertiFit using the information provided below in the “Contact Information” section.

  • Please be aware that your Sensitive or Personal Information and communications may be transferred to, maintained, and stored on servers or databases located outside your state, province, or country, or in any other country where CertiFit or its affiliates, subsidiaries, or third-party service providers operate or maintain facilities. CertiFit will execute agreements with third parties for the transfer of personal data outside of the United States. These agreements may use European Commission-approved Standard Contract Clauses and/or employ additional or alternative appropriate safeguards.

    The laws in the United States or other countries may not be as protective of your privacy as those in your location. By using the Site or Services, you are agreeing to the collection, use, transfer, and disclosure of your Sensitive and Personal Information and communications will be governed by the most protective applicable laws (collectively the “Law”).

  • Under the Law, you have several enumerated data subject rights, including:

    Right to Know. You have the right to know and see what data we have collected about you over the past 12 months, including:

    The categories of Sensitive and/or Personal information we have collected about you;

    The categories of sources from which the Sensitive or Personal information is collected;

    The business or commercial purpose for collecting your Sensitive or Personal information;

    The categories of third parties with whom we have shared your Sensitive or Personal information; and

    The specific pieces of Sensitive and Personal information we have collected about you.

    Right to Delete. You have the right to request that we delete the Sensitive and Personal information we have collected from you (and direct our service providers to do the same). There are a number of exceptions, however, that include, but are not limited to, when the information is necessary for us or a third party to do any of the following:

    Complete your transaction;

    Provide you a good or service;

    Perform a contract between us and you;

    Protect your security and prosecute those responsible for breaching it;

    Fix our system in the event of a bug;

    Protect the free speech rights of you or other users;

    Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et seq.);

    Engage in public or peer-reviewed scientific, historical, or statistical research in the public interests that adheres to all other applicable ethics and privacy laws;

    Comply with a legal obligation; or

    Make other internal and lawful uses of the information that are compatible with the context in which you provided it.

    Right to Opt-Out. You have the right to opt-out of the transfer or sharing of your sensitive or personal information, at any time, by submitting your request, as described below.

    Right to Data Portability. You have the right to request your sensitive and personal information be provided to you in a readily usable format that will allow you to transmit your information to another person or entity. You also have the right to request that we make such a transfer, on your behalf, to another individual or entity.

    Right to Correction. You have the right to request that we correct any inaccurate personal information about you. This information includes any Sensitive Personal Information and Personal Information as described above.

    Right to Limit Sensitive Personal Information. You have the right to request us to limit the use of your Sensitive Personal Information to only that which is necessary for us to provide you with the Site and Services.

    Right to Access and Limit Automated Decision Making. You have the right to request that we limit the use of your data in automated decision making. Under the Law, you may request we stop using your data for automated decision-making relating to:

    Workplace performance

    Economic situation

    Health

    Behavior and reliability

    Personal preferences and interests

    Location and movements

    You have the right not to be discriminated against for exercising any of the consumer’s rights granted by Law.

  • To exercise your right to know, access, opt-out, transfer, correct, limit, update, or delete such Sensitive or Personal Information or object or restrict, for legitimate purposes, to the processing of Sensitive or Personal Information for which CertiFit is the service provider, as provided under applicable Law, or for any questions about the collection of your Sensitive or Personal Information, please visit the link noted in the “Contact Information” section below.

  • There may be cases where restrictions on the amount of information that can be disclosed to data subjects under applicable Law (for example, if that would necessarily involve disclosing data about another person). CertiFit is permitted to withhold some types of Sensitive and Personal Information in certain circumstances, subject to applicable local law requirements. If there is a dispute, please contact CertiFit using the contact information provided below. In addition, data subjects have the right to lodge a complaint with a supervisory authority.

    Retention Period

    Sensitive and Personal data is retained by CertiFit no longer than is reasonably necessary to fulfill its purpose and obligations described under this Privacy Policy, including to (1) former employees to provide post-employment benefits; (2) clients or business partners under applicable contracts; or (3) customers with respect to warranty and support of CertiFit goods or related services. When assessing retention periods, we first carefully examine whether it is necessary to retain the sensitive or personal information collected and, if retention is required, work to retain the sensitive or personal information for the shortest possible period permissible under the Law.

    Right to Withdraw Consent

    You may withdraw your consent at any time by following the process contained within the link noted in the “Contact Information” section below; however, CertiFit will not be able to provide or continue to provide Services or marketing communications to you

  • We may change this Privacy Policy from time to time. If we decide to change this Privacy Policy, we will inform you by posting the revised Privacy Policy on the Site. Those changes will go into effect on the “Revised” date shown in the revised Privacy Policy. By continuing to use the Site or Services, you are consenting to the revised Privacy Policy.

  • Attn: Privacy Officer

    Name: Craig Sharp

    Mailing Address: 3170 South 900 West

    Salt Lake City, UT 84119

Terms of Use

These Terms of Use (these “Terms”) govern your use of the CertiFit, inc. website (“Site”) and any CertiFit mobile application, and any other service offered by CertiFit, such as chat or telephonic customer service interactions (collectively, “Services”).  CertiFit (“we” or “us”) provides the Site and Services.  “You” refers to you as a user of the Site or Services.

BY USING THE SITE OR SERVICES, YOU ARE AGREEING TO THESE TERMS.  PLEASE READ THEM CAREFULLY.

  • You must be at least 18 years old to use the Site or the Services. If you are under 18, your parent or legal guardian must agree to these Terms on your behalf and you may only access and use the Site and Services with permission from your parent or legal guardian.

  • You are responsible for your use of the Site and Services, and for any use of the Site or Services made using your account. Our goal is to create a informative, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Site or Services, you may not:

    violate any law or regulation;

    violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;

    post or share anything that is illegal, abusive, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;

    send unsolicited or unauthorized advertising or commercial communications, such as spam;

    engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Site or Services;

    transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;

    stalk, harass, or harm another individual;

    impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;

    use any means to scrape or crawl any Web pages contained in the Site;

    attempt to circumvent any technological measure implemented by us or any of our providers or any other third party to protect the Site or Services;

    attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Site or Services; or

    advocate, encourage, or assist any third party in doing any of the foregoing.

  • The Site and some of our Services allow you to upload, submit, store, send, or receive content and data (“User Content”). You retain ownership of any intellectual property rights that you hold in that User Content. Put simply, you own your personal data.

    When you upload, submit, store, send, or receive User Content to or through the Site or Services, you give us permission to reproduce and use your User Content as follows: you grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that User Content works better with our Site and Services), publicly display, and distribute your User Content. This license is for the limited purpose of operating, promoting, and improving the Site and Services, and to develop new Services. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is fully paid and royalty free, meaning we are not required to pay you for our use of your User Content. We may exercise our rights under this license anywhere in the world. Finally, this license is perpetual, meaning that our rights under this license continue even after you stop using the Site and Services. In general, however, we will only need to use your User Content for as long as you choose to store it with us using the Site or Services.

    You promise that:

    you own all rights to your User Content or, alternatively, that you have the right to give us the rights described above; and

    your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

    We may refuse to accept or transmit User Content for any reason. We may remove User Content from the Site or Services for any reason

  • Other than User Content, we own or license all right, title, and interest in and to (a) the Site and Services, including all software, text, media, and other content available on the Site and Services (“Our Content”); and (b) our trademarks, logos, and brand elements (“Marks”). The Site and Services, Our Content, and our Marks are all protected under U.S. and international laws. The Site and Services, Our Content, and Marks are all protected under U.S. and international laws.

    The look and feel of the Site and Services is copyright © 2024 CertiFit, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, JavaScript, or visual design elements or concepts without our express written permission.

  • We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers pursuant to the U.S. Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

    Your address, telephone number, and email address.

    A description of the copyrighted work that you claim has been infringed.

    A description of where the alleged infringing material is located.

    A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law.

    An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

    A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

    Copyright Agent:

    Barry Scholl

    Shareholder

    Christensen & Jensen, P.C.

    257 E. 200 South, Suite 1100

    Salt Lake City, Ut 84111

    P: 801-323-5000

    barry.scholl@chrisjen.com

    Please note that only copyright infringement notices should go to our Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section your notice may not be valid. If you believe the content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to governing law, to post and use such content, you may submit a counter-notice to the address listed above containing the following information:

    Your physical or electronic signature;

    Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

    A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

    Your name, physical address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Houston, Texas, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

    After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.

    After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content that was removed or disabled. If we receive such notification, we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.

  • Our Site and Services may contain links to and from other websites or allow you to share content on third party websites or social platforms, such as Facebook, TikTok, and Twitter. A link to a third party’s website or social platform does not mean that we endorse it or that we are affiliated with it. We are not responsible or liable for any damage or loss related to the use of any third-party websites or social platforms. You should always read the terms and conditions and privacy policy of a third-party website and social platform before using it.

  • Your privacy is very important to us. Our Privacy Policy explains how we collect, use, protect, and when we share personal information and other data with others. You are responsible for maintaining the confidentiality of your account information, including your username and password. You are responsible for all activities that occur under your account and you agree to notify us immediately of any unauthorized access or use of your account. We are not responsible or liable for any damage or loss related to any unauthorized access or use of your account.

  • Your interactions with organizations or individuals found on or through the Site and Services are solely between you and such organizations or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any interaction with any of these third parties. You agree that CertiFit is not responsible or liable for any loss or damage of any kind or nature incurred as the result of any such dealings.

  • We enhance and update the Site and Services often. We may change or discontinue the Site or Services at any time, with or without notice to you.

  • We reserve the right to not provide the Site or Services to any person. We also reserve the right to terminate any user’s right to access the Site or Services at any time, in our discretion. If you violate any of these Terms, your permission to use the Site and Services automatically terminates.

  • Some components of the Services may be governed by open source software licenses, such as some components of our mobile applications. In the event of any conflict between these Terms and the applicable open source license, the terms of the open source license will prevail with respect to those components. To learn more about the open source licenses that we utilize, please contact us using the information described in Section 17 below

  • YOU USE THE SITE AND SERVICES AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR COMPANY AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES”) DISCLAIMS ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.

    IN PARTICULAR, OUR COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SITE OR SERVICES. OUR COMPANY AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR SERVICES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE OR SERVICES BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SITE OR SERVICES.

    YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.

    TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR COMPANY OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE INDIRECT LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR RELATING TO THE SITE OR SERVICES, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATING TO THE TERMS, THE SITE, OR THE SERVICES, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE FEES YOU HAVE ACTUALLY PAID US DURING THE 12 MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY.

    Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

    You understand and agree that we have set our prices and entered into this Agreement with you in reliance upon the limitations of liability set forth in this Agreement, which allocate risk between us and form the basis of a bargain between us.

  • You agree to indemnify and hold harmless CertiFit and its Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including attorney fees and legal costs) of any kind or nature, arising from or relating to, the use of this Site, including any actual or alleged breach of these Terms by you or anyone using your account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.

  • Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.

    These Terms will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any conflict of laws rules or provisions.

    You agree that any action of whatever nature arising from or relating to these Terms, the Site, or Services will be filed only in the state or federal courts located in Houston, Texas. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

    If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.

    Please note that our Site may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies or omissions may relate to product description, pricing, promotion and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law.

    The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.

    We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

  • From time to time, we may change these Terms. If we change these Terms, we will give you notice by posting the revised Terms on the Site. Those changes will go into effect on the Revision Date shown in the revised Terms. By continuing to use the Site or Services, you are agreeing to the revised Terms.

  • If you have questions or concerns, please contact us by mail at:

    Certifit Inc,

    Attn: Craig Sharp

    3170 South 900 West

    Salt Lake City, UT 84119

    PLEASE CHECK THE SITE FREQUENTLY FOR ANY CHANGES TO THESE TERMS.