Terms And Conditions

Welcome to Certified Artist. Certified Artist .com, Inc. and/or its affiliates (“Certified Artist”) provide its website features and other services to you subject to the following conditions. If you visit Certified Artist .com, use other Certified Artist services, products, or use software or mobile applications provided by Certified Artist that states that it is subject to these Conditions of Use (collectively “Certified Artist Services”), you accept these conditions. Please read them carefully. In addition, when you use any current, future Certified Artist Services, (e.g., Certified Artist add-on) you also will be subject to the guidelines, terms and agreements (“Terms”) applicable to  that Certified Artist Service If these Conditions of Use are inconsistent with the Terms provided for any Certified Artist  service, the Terms will control.

Privacy

Please review our privacy notice, which also governs your use of any Certified Artist Service, to understand our practices.

Electronic Communications

When you use any Certified Artist Service or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other Certified Artist Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included on this site in or made available through any Certified Artist Service, such as text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of Certified Artist or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Certified Artist Service is the exclusive property of Certified Artist and protected by U.S. and international copyright laws. All software used in any Certified Artist Service is the property of Certified Artist or its software suppliers and protected by United States and international copyright laws.

Trademarks

Certified Artist is a registered trademark, and the Certified Artist logo, Certified Artist add-on, and other marks indicated in any Certified Artist Services are trademarks of Certified Artist in the United States and/or other countries. Other Certified Artist graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Certified Artist. Certified Artist ‘s trademarks and trade dress may not be used in connection with any product or service that is not Certified Artist ‘s or in any manner that is likely to cause confusion among customers. All other trademarks not owned by Certified Artist that appear on this site or in any Certified Artist Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Certified Artist. 

License and Site Access

Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Certified Artist  or its content providers grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Certified Artist  Services, including digital content available through the Certified Artist  Services, and not to download (other than page caching) or modify this site, or any portion of it, except with express written consent of Certified Artist . Additional license terms may be found in the Terms. The Certified Artist Services or any portion of such services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Certified Artist. This license does not include any resale or commercial use of any Certified Artist Service or its contents or any derivative use of this site or its contents. All licenses are non-exclusive and all rights not expressly granted to you in these Conditions of Use or any applicable Terms are reserved and retained by Certified Artist or its licensors, suppliers, publishers, rightsholders, or other content providers.  You will use all Certified Artist Services in compliance with all applicable laws.

Robots and Screen Scraping: You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on this site, except with our express written consent as noted below.   

Framing: You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Certified Artist without express written consent.

Meta Tags: You may not use any meta tags or any other “hidden text” utilizing Certified Artist ‘s name or trademarks without the express written consent of Certified Artist. Any unauthorized use terminates the permission or license granted by Certified Artist.

Licensing Certified Artist Content; Consent to Use Robots and Crawlers: If you are interested in receiving our express written permission to use Certified Artist content for your non-personal (including commercial) use, please visit or please contact our licensing dept.  We do allow the limited use of robots and crawlers, such as those from certain search engines, with our express written consent. If you are interested in receiving our express written permission to use robots or crawlers on our site, please contact our licensing dept.

Linking to Certified Artist .com: You are granted a limited, revocable, and nonexclusive right to create a hyperlink to Certified Artist .com so long as the link follows our  instructions and does not portray Certified Artist, its services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Certified Artist logo or other proprietary graphics or trademark as part of the link without express written permission except as outlined in our help guidelines. 

Your Account

If you use any Certified Artist Service, you are responsible for maintaining the confidentiality of log-in information and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Certified Artist reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.

Reviews, Comments, Communications, and Other Content

Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, is not created by generative AI, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your content. Certified Artist reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.

Your License to Certified Artist : If you do post content or submit material, and unless we indicate otherwise, you grant Certified Artist  a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Certified Artist and its sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Certified Artist  for all claims resulting from content you supply. You also agree that content submitted is not wholly created by artificial intelligence. Certified Artist has the right but not the obligation to monitor and edit or remove any activity Artist has Certified Artist takes no responsibility and assumes no liability for any content posted by you or any third party. If you would like to learn more about how we handle content that you submit, please review our privacy notice.

Copyright Complaints

Certified Artist respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Certified Artist ‘s copyright agent with the written information specified below. Please note that this procedure is exclusively for notifying Certified Artist and its affiliates that your copyrighted material has been infringed.

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Certified Artist ‘s Copyright Agent for notice of copyright infringement on its site can be reached as follows:

Certified Artist Copyright Agent
c/o Certified Artist Legal Department
467 High Street 22, Hampton, NH 03842

In appropriate circumstances, Certified Artist will terminate the accounts of account holders who are repeat infringers.

Disclaimer of Warranties and Limitation of Liability

THE Certified Artist SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Certified Artist SERVICES ARE PROVIDED BY Certified Artist ON AN “AS IS” AND “AS AVAILABLE” BASIS. Certified Artist MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE Certified Artist SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Certified Artist SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE Certified Artist SERVICES IS AT YOUR SOLE RISK. Certified Artist RESERVES THE RIGHT TO WITHDRAW ANY Certified Artist SERVICE OR DELETE ANY INFORMATION FROM THE Certified Artist SERVICES AT ANY TIME IN ITS DISCRETION.

FOR THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Certified Artist DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Certified Artist DOES NOT WARRANT THAT THE Certified Artist SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Certified Artist SERVICES, ITS SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM Certified Artist ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Certified Artist  WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY Certified Artist  SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY CERTIFIED ARTIST  SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Certified Artist Software Terms In addition to these Conditions of Use, the terms apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with Certified Artist Services (“Certified Artist Software”).  If we provide specific Terms for the Certified Artist Software and there is a conflict between the specific Terms for the Certified Artist Software and these Conditions of Use, the specific Terms for the Certified Artist Software will govern.

Applicable Law

By using any Certified Artist Service, you agree that the laws of the state of New Hampshire, without regard to principles of conflict of law, will govern these Conditions of Use and any dispute of any sort that might arise between you and Certified Artist.  

Dispute Resolution

a. Mandatory Arbitration and Waiver of Class Actions.

YOU AND Certified Artist  AGREE THAT ANY DISPUTE, CONTROVERSY, OR CLAIM BETWEEN YOU AND Certified Artist  ARISING OUT OF, OR RELATING TO (1) THIS AGREEMENT, (2) YOUR PURCHASE OF ANY PRODUCT OR SERVICE FROM Certified Artist , AND/OR (3) ANY RELATIONSHIP BETWEEN YOU AND Certified Artist , (EACH OF (1) THROUGH (3), A “DISPUTE”), SHALL BE RESOLVED ONLY BY FINAL AND BINDING ARBITRATION, except that (a) either party may elect to proceed in small claims court in your county of residence within the U.S. if the Dispute qualifies; and (b) this agreement to arbitrate does not include your or Certified Artist ’s right to seek injunctive or other equitable relief in state or federal court in King County, Washington to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. The arbitrator will have the authority to award the same remedies as a court, including preliminary or permanent injunctive relief, public injunctive relief, or equitable relief but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The Federal Arbitration Act, 9 U.S.C. §§ 1, et seq., federal arbitration law, and Washington State law apply to this arbitration agreement and govern all questions as to whether a dispute is subject to arbitration.

b. Notice of Dispute

If you have a dispute that our customer service representatives cannot resolve and you wish to pursue arbitration, you must first complete the following steps before filing an arbitration claim:

1) You must first send an individualized Notice of Dispute to us using the Certified Artist claim form that is available on request. The Notice of Dispute must be personally signed by you, completed accurately and in full, be accompanied by documents reasonably needed to support your claim (e.g., proof of purchase), and sent by regular mail to: Notice of Dispute, Certified Artist  Legal Department
467 High Street 22, Hampton, NH 03842 We will provide you with a notice of dispute via your account’s primary email address if we have a dispute with you.

2) Upon receipt of a Notice of Dispute, you and Certified Artist agree to negotiate in good faith for 60 days to try to resolve the dispute.

3) If either side requests a settlement conference during this period, then you and Certified Artist agree to schedule that conference by phone or video conference and to personally participate in it. Either side can bring counsel, but the conference must be individualized to our dispute, even if counsel represents other parties. For claims covered by the Notice of Dispute, any statute of limitations will be tolled from the date the notice is received until the later of (i) 60 days, or (ii) after a timely requested settlement conference is completed.

A court can enjoin the filing or prosecution of an arbitration in breach of these pre-arbitration dispute resolution requirements. If either party seeks an injunction from a court on this basis, you and Certified Artist agree that the arbitration (and any obligation to pay arbitration fees) will be stayed until that request is resolved and all appeals exhausted.

c. Arbitration Process and Procedure

If the parties do not reach an agreed upon solution within sixty (60) days from the original Notice of Dispute, then either party may initiate binding arbitration as the sole means to resolve claims, subject to this Agreement. Arbitration shall: (1) be administered by JAMS pursuant to the JAMS Streamlined Arbitration Rules & Procedures and the JAMS Mass Arbitration Procedures and Guidelines then in effect (together, the “JAMS Rules”); (2) be conducted by a single, neutral arbitrator; and (3) take place in the county where you reside or any other location mutually agreed upon by the parties. The JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards for Procedural Fairness (the “Minimum Standards”) shall apply, including any minimum standards governing consumer arbitration fees. The arbitrator shall issue a written award that states the disposition of each claim and provides a concise statement of the essential findings and conclusions on which the award is based. You and Certified Artist each agree that the arbitrator shall have exclusive authority to resolve all disputes arising out of, or relating to, the interpretation, applicability, enforceability, or formation of this Agreement, including whether this arbitration agreement is enforceable and whether a particular claim or demand for relief is subject to arbitration under this Agreement. To the extent that this arbitration agreement conflicts with the Minimum Standards in any way, the Minimum Standards shall take precedence.

YOU AND Certified Artist  EACH AGREE THAT (A) ANY ARBITRATION PROCEEDING FOR ANY DISPUTE WILL NOT BE CONDUCTED IN A CLASS OR REPRESENTATIVE ACTION, AND (B) BY ENTERING INTO THIS AGREEMENT (INCLUDING THIS AGREEMENT TO ARBITRATE), YOU AND CERTIFIED ARTIST  ARE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WAIVING THE RIGHT TO A TRIAL BY JURY, AND THE RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION, WITH RESPECT TO ANY DISPUTE. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS AGREEMENT SHALL PREVENT JAMS FROM CONSOLIDATING INDIVIDUAL ARBITRATIONS IN ACCORDANCE WITH ITS RULES AND POLICIES.

Site Policies, Modification, and Severability

Please review our other policies. These policies also govern your use of Certified Artist Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.  

Our Address

Certified Artist LLC
467 High Street 22, Hampton, NH 03842

www.certifiedartist.com