Welcome to www.website-maintenance.com (the "Website"). This Website, its contents, services provided and any and all materials made available to the customer are provided solely to assist customers in updating their websites through the use of our services. NO LEGAL ADVICE OR REPRESENTATION IS BEING GIVEN, PROVIDED OR OFFERED. The terms "we", "us", "our" , "NERDY", “NERDY Website Maintenance”, “Website Maintenance” and "Certatim" shall be used interchangeably and shall refer to Certatim, LLC, a Florida Limited Liability Company, its affiliates and/or our subsidiaries, including Nerdy Website Maintenance. The term "you" refers to the customer visiting the Website and/or purchasing subscription service on this Website.
This Website is offered to you conditioned upon your acceptance without modifications or conditions of any kind of all the terms, conditions, acknowledgments and notices set forth above and below (hereinafter referred to collectively as the "Agreement"). Please read the Agreement carefully. By accessing or using this Website in any manner and/or respect, you hereby expressly acknowledge that you have read and understood the terms, conditions, notices and acknowledgments contained herein and made part of the Agreement and agree to be bound thereby. If you do not accept all of these terms and conditions, please do not use this Website. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement and or the terms and conditions thereof, without prior notice to you. Your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.
Use of the Website
As a condition of your use of this Website, you warrant that
(i) you are at least 18 years of age,
(ii) you possess the legal authority to create a binding legal obligation,
(iii) you will use this Website in accordance with this Agreement,
(iv) all information supplied by you on this Website is true, accurate, current and complete, and
(v) if you have a Nerdy Website Maintenance account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you. We retain the right, at our sole discretion, to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
The content and information on this Website (including, but not limited to, the infrastructure used to provide such content and information), is proprietary to us. While you may download some files to your computer or memory device or make a copy of the documents that you may have access to through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information obtained from or through this Website. Additionally, you agree not to:
i. use this Website or its contents for any commercial purpose;
ii. access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
iii. violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
iv. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
v. deep-link to any portion of this Website for any purpose without our express written permission; or
vi. "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.
You hereby expressly understand and acknowledge that there are fees and/or charges associated with your use of our Website. Furthermore, you hereby expressly agree and hereby authorize Nerdy Website Maintenance to charge your credit card for any and all purchases, subscription charges or transactions made through our site, including but not limited to maintenance services, marketing services, search engine services, hosting, other various software work, plus applicable sales tax charges. You may cancel your subscription request once it has been ordered and paid for, and your services will run through the selected subscription period. Yearly service may be terminated at any time online in your "Dashboard". There are absolutely NO REFUNDS AND ALL SALES ARE FINAL. However, and to the extent that we are unable to provide access to your account for more than 5 days each calendar month you will receive a full refund of that months subscription service or a prorated portion of a prepaid annual subscription.
Liability Disclaimer and Limitation of Liability
NO LEGAL REPRESENTATION IS BEING OFFERED IN CONNECTION WITH OUR WEBSITE, AFFILIATED WEBSITES, PRODUCTS AND/OR SERVICES. THE INFORMATION ON THE DOCUMENTS HOSTED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS. IN PARTICULAR, WEBSITE MAINTENANCE, ITS SUBSIDIARIES AND CORPORATE AFFILIATES AND THE AFFILIATED, CO-BRANDED AND/OR LINKED WEBSITE PARTNERS THROUGH WHOM WE MAY PROVIDE DOCUMENTS, INFORMATION AND/OR SERVICES DO NOT, IN ANY WAY, GUARANTEE WARRANT OR MAKE ANY REPRESENTATIONS WITH RESPECT TO THE ACCURACY, CURRENCY OR COMPREHENSIVENESS OF ANY DOCUMENTS MADE AVAILABLE TO YOU THROUGH WEBSITE OR AFFILIATED WEBSITES. FURTHERMORE, YOU UNDERSATND AND AGREE THAT NERDY WEBSITE MAINTENANCE, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, SUBSIDIARIES AND/OR AFFILIATES HEREBY DISCLAIM ANY AND ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION THAT IS MADE AVAILABLE, HOSTED AND/OR AVAILABLE FOR PURCHASE OR THAT IS OTHERWISE ACESSIBLE THROUGH OUR WEBSITE AND/OR RELATED WEBSITES, INCLUDING BUT NOT LIMITED TO ANY DOCUMENTS HOSTED ON THIS WEBSITE INCLUDING, WITHOUT LIMITATION, ALL INFORMATION PROVIDED BY THE RESPECTIVE DOCUMENT SUPPLIERS. IN ADDITION, NERDY WEBSITE MAINTENANCE EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY ERRORS, MAKE IMPROVEMENTS AND/OR CHANGES ON OUR WEBSITE AT ANY TIME NERDY WEBSITE MAINTENANCE, ITS AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE ACCURACY, COMPLETENESS AND SUITABILITY OF THE INFORMATION CONTAINED ON THIS WEBSITE FOR ANY PURPOSE WHATSOEVER, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY CERTATIM COMPANIES OR AFFILIATES. ALL SUCH INFORMATION, AND SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. WEBSITE MAINTENANCE, AND ITS AFFILIATES, DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM NERDY WEBSITE MAINTENANCE, ITS AFFILIATES, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NERDY WEBSITE MAINTENANCE, AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION AND SERVICES, INCLUDING FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. YOU HEREBY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT ANY OR ALL DOCUMENTS OR SUBSCRIPTION SERVICES PURCHASED FROM OUR WEBSITE MAY BE INCOMPLETE, INACCURATE, OUT OF DATE OR MAY CONTAIN HUMAN ERROR, INCLUDNIG BUT NOT LIMITED TO MISSION OR OMMITTED PAGES.
THE SUPPLIERS OF DOCUMENTS HOSTED ON NERDY WEBSITE MAINTENANCE ARE INDEPENDENT ENTITIES AND ARE NOT AGENTS, AFFILIATES OR EMPLOYEES OF NERDY WEBSITE MAINTENANCE, OR ITS AFFILIATES AND SUBSIDIARIES. WEBSITE MAINTENANCE AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH DOCUMENT SUPPLIERS OR CREATOR OF SUCH OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. NERDY WEBSITE MAINTENANCE AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL NERDY WEBSITE MAINTENANCE, AND ITS AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON DOCUMENTS HOSTED ON THIS WEB SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF NERDY WEBSITE MAINTENANCE, AND ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL NERDY WEBSITE MAINTENANCE, AND ITS AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH YOUR WEBSITE OR THE CONTENT AS WELL AS WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE YOUR WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON DOCUMENTS HOSTED ON THE WEB SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THE WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THE WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF NERDY WEBSITE MAINTENANCE, AND ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This Agreement shall not under any circumstances create any rights in any party other than Website Maintenance and you. If Website Maintenance fails or is unable for any reason to perform any of its obligations and as a result you do not receive the products or services purchased, Website Maintenance liability will be limited to a proportional refund of any payment made, based on the reasonable value of product or service you did not receive. However, in no event shall Nerdy Website Maintenance be liable to you or any other third party for any direct, indirect, incidental, special, punitive or consequential losses, claims, damages, expenses or liabilities (including but not limited to damages for damage to sentiments, mental anguish, negligently caused emotional distress, loss of business, lost profits, damage to equipment, loss of good will or any other kind of loss, whether pecuniary or otherwise) arising out of this Agreement, your use of this Website, our Services or our affiliated Websites and/or your purchase of any of the documents, products or services made available through or hosted by our Website or any affiliated Websites, or any act or omission out of Website Maintenance control. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Nerdy Website Maintenance, and its Affiliates.
You agree to defend and indemnify Nerdy Website Maintenance, its Affiliates, any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result:
a. your breach of this Agreement or the documents referenced herein;
b. your violation of any law or the rights of a third party; or
c. your use of this Website.
d. any content, files, statements, images, scripts, or data of any kind on your website at any time.
e. services or products provided by yourself to third parties.
Links to Third Party Sites
This Website may contain hyperlinks to websites operated by parties other than Nerdy Website Maintenance. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
Software Available on this Website
Any software that is made available to download or access from this Website ("Software") is the proprietary work of Nerdy Website Maintenance, and its Affiliates. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using this Website in accordance with these terms and conditions and for no other purpose.
Please note that all Software, including, without limitation, all HTML, php code and Active X controls contained on this Website, is owned by NERDY Website Maintenance, its Affiliates and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
By using our file storage you are providing us with information, files and folders ("your files") that you submit to the website. We do not claim any ownership of your files, you retain full ownership of your files. These terms do not grant us rights to your files, except for the few rights required to run the service. You give us permission that extends to trusted third parties we use to provide the services, for example Amazon, which is the primary provider of our storage space.
Sharing your Files
The website provides you with a feature that allows you to share your files, which makes them public. There are many things that individuals may do with your files, such as modify them. You should consider what you choose to share. The website has no responsibility for that.
Files and other content in the website may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. You, not NERDY Website Maintenance, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the services. You must not upload any malicious software to the service.
You, and not Website Maintenance, are responsible for maintaining and protecting all of your files. Website Maintenance will not be liable for any loss or corruption of your files, or for any costs or expenses associated with backing up or restoring any of your files.
Nerdy Website Maintenance DMCA Policy
NERDY WEBSITE MAINTENANCE ("the website") respects the intellectual property rights of others and we expect our users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, http://www.copyright.gov/legislation/dmca.pdf, Website Maintenance will take immediate action to claims of copyright infringement committed using Nerdy Website Maintenance if claims are reported to Nerdy Website Maintenance designated copyright agent identified in the sample notice below.
If you are the copyright owner, authorized to act on behalf of the copyright owner, or authorized to act under any exclusive right under copyright, please report the alleged copyright infringements taking place on or through Website Maintenance by completing the following DMCA Notice of Alleged Infringement and delivering it to Nerdy Website Maintenances' designated copyright agent. Upon receipt of the Notice described below, Nerdy Website Maintenance will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from Nerdy Website Maintenance.
DMCA Notice of Alleged Infringement ("Notice")
1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
2. Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the site or exact location where such material may be found.
3. Provide your company affiliation (if applicable), mailing address, telephone number, and if available, email address.
4. Include both the following statements in the body of the Notice:
- I hereby state that I have a good faith belief that the use of copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.
- I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
5. Provide your full legal name and your electronic or physical signature Deliver this Notice, with all items completed, to Nerdy Website Maintenance Designated Copyright Agent: email@example.com
This Website is operated by a Florida Limited Liability Company and this Agreement is governed by the laws of the State of Florida, to the exclusion of all others. You hereby consent to the exclusive jurisdiction of the State of Florida for any and all disputes that may arise out of or may be in any way related to this Agreement and/or your use of the website. Furthermore, venue for any disputes that may arise out of or may be in any way related to this Agreement and/or your use of the website will lie in Miami-Dade County, Florida, to the exclusion of all others. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. You agree that no joint venture, partnership, or employment relationship exists between you and Nerdy Website Maintenance as a result of this Agreement or use of this Website. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and this Agreement shall continue in effect.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Nerdy Website Maintenance with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Nerdy Website Maintenance with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event. Any rights not expressly granted herein are reserved.
For answers to your questions you may e-mail using our contact us form.