Welcome to CerTracker! These Terms of Use ("Terms") are a legal agreement between you ("User" or "You/Your") and CerTracker LLC ("CerTracker," "We," or "Us"). creators of the CerTracker Platform (the “Platform”), and govern Your use of the Platform, and all of its content and functionality (collectively, the “Services”). By accepting these Terms of Use and using the Platform, You acknowledge that You have read, understand, and agree to these Terms and Our Privacy Policy.

IF YOU DO NOT UNDERSTAND THIS AGREEMENT OR DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT USE THE SERVICES.

CerTracker provides a secure and efficient platform for healthcare professionals, training programs, and employers to upload, track, and manage certifications, continuing education (CE) credits, and credentials. The Platform allows users to create a digital fingerprint for each document, enabling quick and reliable verification by employers, reducing administrative delays in the credentialing process.

You may access and use the Services only in accordance with these Terms, and You agree to comply with all applicable laws, rules, and regulations, including any other policies incorporated into these Terms, such as Our Privacy Policy.

To use CerTracker, you must register and create a User Account. By registering, you agree that your information is accurate and up-to-date and that you will comply with all applicable laws and these Terms.

You must register to create an account (“User Account”) and become a “Registered User” to use the Services. To register, we will provide you with a username and You will provide Your name, Your email address, and other information specified in the registration form (“Registration Data”). You agree not to register for a User Account on behalf of an individual other than Yourself unless You are legally authorized to bind such person to these Terms. By registering another person, you hereby represent that You are legally authorized to do so.

CerTracker reserves the right to update these Terms at any time. If we make significant changes, we will notify you by posting the new Terms on the Platform or by email. Continued use of the Services after notification means you agree to the revised Terms.

If You continue to use the Services after We have let You know that We have made changes, you agree to be bound by the modified Terms. If You do not accept the changes, you should immediately stop using the Services and delete all files associated with the Services on Your computer or mobile device.

CerTracker owns the Services, including all content and functionality You access through the Platform. Subject to Your compliance with these Terms, CerTracker grants You a non-exclusive, non-sublicensable, revocable, non-transferable license to use the Services by downloading and installing the Platform via user's computer.

THE SERVICES ARE FOR YOUR PERSONAL USE ONLY AND YOU MAY NOT RESELL OR SUBLICENSE YOUR ACCESS TO THE SERVICES. You may not use the Services for any other purpose than what is allowed under these Terms without Our express written permission.

You may not use CerTracker’s name, trademarks, service marks, or logos, or those of third parties appearing on or affiliated with the Services in any advertising or publicity or to otherwise indicate CerTracker’s or such third party’s sponsorship or affiliation with any product or service without express written permission from CerTracker or such third party.

You own Your Personal Data (as defined in the Privacy Policy) and any other content You submit on or through the Services (collectively, “Content”). If You are entering someone else’s information into the Platform, You represent and warrant that You have permission to do so. As a condition of providing You the Services, You grant to CerTracker a perpetual, non-exclusive, fully paid and royalty-free, transferable, sublicensable, worldwide license to use Your Content for the purpose of providing the Services, subject to the restrictions in the Privacy Policy. You also agree to allow Us to de-identify and anonymize Your Content, in accordance with Our Privacy Policy, and to use or disclose such de-identified information for any legal purpose.

You may use the Services only for lawful purposes and in accordance with these Terms, In addition, We impose certain restrictions on Your use of the Services, which are highlighted below. While using the Services, You shall not:

We are not obligated to monitor Your use of the Services, but We may do so to ensure Your compliance with these Terms, and to respond to law enforcement or other government agencies if and when We are required to. CerTracker reserves the right to suspend or terminate Your use of the Services without notice to You if You partake in any of the prohibited uses described above.

The Platform is designed to require users to create a username and password to access and use the Services. Your username and password are, collectively, Your “User Credentials.” You are solely responsible for (A) maintaining the strict confidentiality of Your User Credentials, (B) not allowing another person to use Your User Credentials to access the Services, (C) any and all damages or losses that may be incurred or suffered as a result of any activities that occur under Your User Credentials, regardless of whether You were aware of those activities. You agree to immediately notify Us in writing by email of any unauthorized use of Your User Credentials or any other compromise of the security of Your User Account.

We respect Your privacy and take Our commitment to protect Your privacy seriously. This commitment is reflected in the way We protect the information You provide to us. Please see Our Privacy Policy for an explanation of the information that We collect from You and how We use Your information. By clicking “I Agree”, accessing or using the Services, or by downloading, viewing, or uploading any of Our content through the Services, You acknowledge and agree to the provisions of the Privacy Policy and affirm that thePrivacy Policy is a part of these Terms.

By using the Services and accepting these Terms, You acknowledge that We may share Your Personal Data with third parties, as described in the Privacy Policy, and will seek Your consent or other authorization before doing so where required by law.

You expressly acknowledge and agree that We are neither responsible for nor liable to You or any third party for the treatment of Your Personal Data by any such individual or entity, including any collection, use, disclosure, storage, loss, theft, or misuse of Your Personal Data, whether or not such treatment violates applicable law or the third party’s privacy practices.

EU Citizens and GDPR: Please see Our Privacy Policy for specific information regarding Your rights under GDPR, and Our commitment to protecting those rights.

You are responsible for obtaining, installing, maintaining and operating all software, hardware or other equipment (collectively,"Systems") necessary for You to access and use the Services. This includes, without limitation, obtaining internet services, using up to date web-browsers and the best commercially available encryption, antivirus, anti-spyware, and internet security software. You are responsible for the data security of the Systems used to access the Services and for the transmission and receipt of information using such Systems. We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or Your Systems.

THERE ARE ALWAYS CERTAIN SECURITY AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET, AND YOU EXPRESSLY ASSUME SUCH RISKS.

In providing the Services, You may receive periodic email communications that are essential to the proper functioning and delivery of the Services ( e.g. information regarding Your User Account), which are part of the Services, and which You cannot opt out of receiving.

When such messages are sent to You via the Web Portal, You will receive an email alert indicating that a message has been received.

You represent and warrant that Your use of the Services will be in accordance with these Terms and all applicable laws, regulations, rules, and any CerTracker policies and procedures We provide to You in writing. Specifically, YOU REPRESENT AND WARRANT THAT YOU ARE LEGALLY AUTHORIZED TO SHARE PERSONAL DATA (BELONGING TO YOURSELF OR OTHERS ON WHOSE BEHALF YOU ARE SUBMITTING SUCH PERSONAL DATA) WITH US.

THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. CerTracker EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR THE USAGE OF TRADE. CERTRACKER MAKES NO WARRANTY THAT THE SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. CERTRACKER MAKES NO WARRANTY REGARDING THE QUALITY OF THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF THE SERVICES.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITHIN THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ADMINISTRATORS AND HEALTHCARE PROFESSIONALS. WE CANNOT ALWAYS FORESEE OR ANTICIPATE TECHNICAL OR OTHER DIFFICULTIES THAT MAY RESULT IN FAILURE TO OBTAIN DATA OR LOSS OF DATA, PERSONALIZATION SETTINGS, OR OTHER SERVICE INTERRUPTIONS. WE THEREFORE WILL NOT ASSUME RESPONSIBILITY FOR THE TIMELINESS, ACCURACY, DELETION, NON-DELIVERY OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS, OR PERSONALIZATION SETTINGS. IT IS YOUR RESPONSIBILITY TO BACKUP ANY INFORMATION YOU ENTER INTO THE PLATFORM.

YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD CERTRACKER OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS OR SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS, MOBILE DEVICES, OR DATA.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU. NEITHER CERTRACKER NOR ANY OTHER COMPANY REPRESENTATIVE INVOLVED IN CREATING, PRODUCING, MAINTAINING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR APPLICATIONS, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CERTRACKER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED IN MEETING ITS ESSENTIAL PURPOSE.

IF YOU ARE DISSATISFIED WITH THE SERVICES OR THESE TERMS, YOUR ONLY REMEDY IS TO DISCONTINUE USING THE SERVICES.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, CERTRACKER’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $ 100.00. ANY CLAIM ARISING FROM THE USAGE OF THE SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE OCCURRENCE OF THE EVENT FROM WHICH THE CLAIM AROSE.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS CERTRACKER AND COMPANY REPRESENTATIVES FROM ANY LIABILITY, LOSS, CLAIM, SUIT, DAMAGE, AND EXPENSE (INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE SERVICES, YOUR VIOLATION OF THIS AGREEMENT, OR ANY NEGLIGENT OR WRONGFUL CONDUCT BY YOU OR RELATED TO YOUR ACCOUNT BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICES THROUGH YOUR ACCOUNT, REGARDLESS OF WHETHER YOU WERE AWARE OF SUCH USE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by e-mailing Us at support@CerTracker.com. You acknowledge and agree that if You submit any Feedback to Us, you hereby grant to Us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable license under any and all intellectual property rights that You own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.

If You breach any of these Terms, We may suspend or disable Your account or terminate Your access to the Services without prior notice to You. There may be other instances where We may need to terminate Your access to the Services that are not related to any of Your actions or inactions. We reserve the right to terminate Your access to and use of the Services at any time, with or without cause.

If You wish to terminate Your account, please contact CerTracker at support@CerTracker.com. immediately discontinue Your use of the Services, and delete all files associated with the Services from Your computer or mobile device.

*PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS*

Most user concerns can be resolved quickly and to Your satisfaction by emailing support at support@CerTracker.com. In the unlikely event that our support team is unable to resolve a complaint You may have (or if We have not been able to resolve a dispute with You after attempting to do so informally), including but not limited to any alleged breach of these Terms, You and agree to resolve the dispute through binding arbitration virtually before a single arbitrator, in accordance with the rules and procedures of the American Arbitration Association and the laws of the State of Oklahoma without reference to its conflict of laws provisions. Arbitration, which is often less expensive, faster, and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award, and may, but do not have to, award legal fees, arbitrator’s fees and costs and other costs incurred by the party that does not win the dispute.

Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. Any arbitration will be strictly confidential and neither party will disclose to any person (other than necessary to carry out the arbitration) the existence of the dispute or any aspect of the dispute.

This agreement to arbitrate will not preclude You or CerTracker from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude You or CerTracker from applying to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. THE PROPER VENUE FOR ANY ACTION PERMITTED UNDER THIS SUBSECTION REGARDING “EQUITABLE RELIEF” WILL BE THE FEDERAL AND STATE COURTS LOCATED IN THE STATE OF OKLAHOMA; THE PARTIES HEREBY WAIVE ANY OBJECTION TO THE VENUE AND PERSONAL JURISDICTION OF SUCH COURTS.

Exceptions to Agreement to Arbitrate: CerTracker may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Platform or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in the informal dispute-resolution process described above.

Notwithstanding the above, You can decline or “opt out” of the alternative dispute resolution process described above by contacting support@CerTracker.com. within 30 days of first accepting these Terms and stating that You (first and last name) decline this dispute resolution process.

YOU UNDERSTAND AND AGREE THAT, BY NOT OPTING-OUT OF THE ALTERNATIVE DISPUTE RESOLUTION PROCESS DESCRIBED, YOU WAIVE ANY RIGHT TO JURY TRIAL TO WHICH YOU MAY OTHERWISE BE ENTITLED IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF OR RELATED TO THESE TERMS OF USE.

These Terms shall be governed by the laws of the State of Oklahoma without reference to its conflict of laws provisions.

You may not assign or transfer these Terms, by operation of law or otherwise, without CerTracker’s prior written consent. Any attempt by You to assign or transfer these Terms, without such consent, will be null and of no effect. CerTracker may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by CerTracker via email (in each case to the address that You provide); and/or (ii) by posting to the Platform. For notices made by email, the notice will be effective as of the date the notice is first transmitted. You agree that any notice received from CerTracker electronically satisfies any legal requirement that such notice be in writing. YOU ALONE ARE RESPONSIBLE FOR ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH CerTracker IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY support@CerTracker.com. OF AN EMAIL TO THE ADDRESS WE HAVE ON FILE.

You shall give any notice to CerTracker by email to: support@CerTracker.com. Notice to CerTracker shall be effective upon receipt of notice by CerTracker.

The failure of CerTracker to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of CerTracker. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If, for any reason, a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

If any provision of these Terms is determined to be invalid, illegal or unenforceable, the remaining provisions of these Terms remain in full force, provided that the essential terms and conditions remain valid, binding and enforceable and the economic and legal substance of the transactions contemplated by these Terms are materially preserved.

“Intellectual Property Rights” means all intellectual property rights or similar proprietary rights, including (a) patent rights and utility models, (b) copyrights and database rights, (c) trademarks, trade names, domain names and trade dress and the goodwill associated therewith, (d) trade secrets, (e) mask works, and (f) industrial design rights; in each case, including any registrations of, applications to register, and renewals and extensions of, any of the foregoing in any jurisdiction in the world.

As between You and Us, all right, title and interest, including all Intellectual Property Rights, in the Services, any related materials, logos, products, and documentation, and any other property or materials furnished or made available hereunder, and all modifications and enhancements thereof, belong to and are retained solely by CerTracker or its licensors, vendors and affiliates, as applicable. All rights not expressly granted are reserved by Us. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

By creating, posting, or sharing data, sound, and images on or through the Services (Your “Content”), and subject to the Privacy Policy, You grant CerTracker a perpetual, irrevocable, worldwide, non-exclusive, sub-licensable, royalty-free, fully paid up, transferable license to reproduce, distribute, publicly display, publicly perform, create derivative works of, and otherwise use and modify Your Content for the purposes of providing and enhancing the Services or other CerTracker products and services. We may also create anonymized data and images from Your Content, and, once anonymized, such data and images will no longer be Your Content. You waive any rights You may have regarding Your Content being altered or manipulated in any way that may be objectionable to You. This license will terminate after You stop using the Services. We reserve the right to refuse to accept, post, display, or transmit any of Your Content in its sole discretion.

You represent and warrant that: (i) You own the Content or otherwise have the right to grant the license set forth in these Terms, (ii) the posting and use of Your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of Your Content on the Platform does not result in a breach of contract between You and a third party. You agree to pay for all royalties, fees, and any other monies owed to any person by reason of Content You post on or through the Services. You also acknowledge and agree that Your Content is non-confidential and non-proprietary.

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If You believe any materials accessible on or from the Platform infringe Your copyright, You may request removal of those materials (or access to them) from the Platform by submitting written notification to Our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. §512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

Please send the DMCA Notices to Our copyright agent at support@CerTracker.com.

If You fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, Your DMCA Notice may not be effective.

Please be aware that if You knowingly materially misrepresent that material or activity on the Platform is infringing Your copyright, You may be held liable for damages (including costs and attorney'sfees) under Section 512(f) of the DMCA.

CerTracker reserves the right, in its sole discretion, to terminate the account or access of any user of the Services who is the subject or repeated DMCA or other infringement notifications.

CerTracker LLC.

3306 Charles Page Blvd,

Bldg 2 - 259, Tulsa, OK 74127