Terms of Use

Legal Terms
These terms and conditions (the "Terms") govern your use of:

If you do not agree with these Terms, do not use this Website or the Reports, Software or Services. The Website, Reports, Software and Services are either controlled by these Terms or, in the instance of customers of Certichron which have bona fide accounts in good standing, by the respective Service Level Agreements.

General Use Restrictions
All information, documents, products, software, and services (the "Materials") contained on this Website are provided by Certichron, Inc. or provided to Certichron by its respective manufacturers, authors, developers and vendors (the "Third Party Providers") and are the copyrighted work of Certichron, Inc. and/or the Third Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Certichron, Inc. or the Third Party Provider. No part of the Website, including logos, graphics, sounds or images, may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of Certichron, Inc. You also may not, without Certichron, Inc.'s prior express written permission, "mirror" any Material contained on this Website on any other server. Nothing on this Website shall be construed as conferring any license under any of Certichron, Inc.'s or any Third Party Provider's intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. Permission is granted to display, copy, distribute and download Certichron, Inc.'s Materials on this Website provided that: (1) both the copyright notice identified below and this permission notice appear in the Materials, (2) the use of such Materials is solely for personal, non-commercial and informational use and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any of the Materials are made. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded and printed Materials. Any unauthorized use of any Materials contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Third Party Content Disclaimer
Materials provided by Third Party Providers have not been independently authenticated in whole or in part by Certichron, Inc. Certichron, Inc. does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by Certichron, Inc.

Links to Third Party Sites
This Website may be linked to other websites which are not under the control of and are not maintained by Certichron, Inc. Certichron, Inc. is not responsible for the content of those sites. Certichron, Inc. is providing these links to you only as a convenience, and the inclusion of any link to such sites does not imply endorsement by Certichron, Inc. of those sites.

Software Use Restrictions
Any software that is made available to download from the Website (the "Software") is the copyrighted work of Certichron, Inc. and/or Third Party Providers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (the "License Agreement"). An end user will be unable to and shall not install any Software that is accompanied by or includes a License Agreement, unless the end user first agrees to the terms of the License Agreement. Except as set forth in the applicable License Agreement, any further copying, reproduction or redistribution of the Software is expressly prohibited. Installation assistance, product support and maintenance, if any, of the Software is available from Certichron, Inc. and/or the Third Party Providers, as the case may be.

SOFTWARE IS WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS SET FORTH IN THE LICENSE AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.  

Submissions
Unless otherwise explicitly stated, herein, or in Certichron, Inc.'s Privacy Policy, any Materials provided by you in connection with this Website shall be deemed to be provided on a non-proprietary and non-confidential basis. Certichron, Inc. shall have no obligation of any kind with respect to such Materials and shall be free to use or disseminate such Materials on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Materials that you submit, and you, not Certichron, Inc., have full responsibility for the Materials, including their legality, reliability, appropriateness, originality and copyright.  

Disclaimer of Warranty
UNLESS OTHERWISE EXPLICITY STATED, THE MATERIALS ON THE WEBSITE ARE PROVIDED "AS IS", ARE EXPERIMENTAL, AND ARE FOR COMMERCIAL USE ONLY, AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. CERTICHRON, INC. MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEBSITE. ANY QUESTIONS REGARDING THE MATERIALS SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH MATERIALS.

Limitation of Liability
CERTICHRON, INC. SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS, OR SERVICE DATA STREAMS NOT COVERED UNDER A SERVICE LEVEL AGREEMENT. IN NO EVENT SHALL CERTICHRON, INC., THIRD PARTY PROVIDERS OR the RESPECTIVE RESLLER'S BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) HOWEVER SUCH DAMAGE ARISES, WHETHER FOR BREACH OF CONTRACT OR IN TORT, EVEN IF CERTICHRON, INC. HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

YOU ALSO ACKNOWLEDGE THAT YOU (IN RELYING ON THE WEBSITE, SOFTWARE, REPORTS, SERVICES OR MATERIALS) HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEBSITE OR THE SERVICES WHETHER OBTAINED FROM CERTICHRON’S PRIVATE SERVERS OR THE PUBLIC NIST SITES. FURTHER YOU AGRRE THAT YOU WILL NOT MAKE A CLAIM AGAINST CERTICHRON, INC. FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS OR SERVICES. YOU AGREE TO HOLD CERTICHRON, INC. HARMLESS FROM, AND YOU COVENANT NOT TO SUE CERTICHRON, INC. FOR, ANY CLAIMS BASED ON USING THE WEBSITE OR CERTICHRON’S PUBLIC AND PRIVATE INTERNET TIME SERVICES.

Local Laws and Export Control
Certichron, Inc., is in full compliance with all applicable United States export control regulations.  If you use this Website you are responsible for compliance with any applicable local laws including but not limited to the export and import regulations of the country you are in.

U.S. Government Rights
The Materials on this Website are provided with the following restrictions: Use, duplication, or disclosure by the U.S. Government is subject to the restrictions set forth in the FAR 52.227-19 (June 1987), FAR 52.227-14 (ALT II & ALT III) (June 1987), or if DoD, as specified in DFARS 252.7202-1(a) and 252.7202-3(a) and vendor's applicable license terms, and DFARS 252.227-7013 (Nov 1995) and 252.227-7014(Nov 1995), as applicable. Use of the Materials by the U.S. Government constitutes acknowledgment of Certichron, Inc.'s and/or the Third Party Provider's proprietary rights in them.

General Fitness
No assertion of fitness is made for any use for anonymous or freeware access to the Services. Changes are periodically made to the Website, the Software, Reports and/or the service. This Website, for instance, could include inaccuracies or typographical errors. Likewise the service of any of the Internet based services may go down based on network availability or other hardware calamity. Certichron, Inc. and the Third Party Providers may make improvements and/or changes in the products, services, programs, and prices described in this Website at any time without notice.

Controlling Law
Any action related to these Terms will be governed by California law. No choice of law rules of any jurisdiction will apply. These Terms represent the entire understanding relating to the use of the Website, Reports, Software and Services and prevail over any prior or contemporaneous, conflicting or additional, communications. Certichron, Inc. can revise these Terms at any time without notice by updating this posting.  

Policy on Third-Party Legal Process
It is Certichron's policy to respond with reasonable promptness to subpoenas and other legal process served on Certichron or its subsidiaries that seek information, Client's timesetting records or documents or other business records. Third parties wishing to serve such process on Certichron may do so in writing through Certichron's Legal Department. Certichron will evaluate each such request based upon the applicable law and facts.

An initial administrative fee of $2,500 will be charged for each request to cover Certichron's staff overhead for producing these records. If additional time or investigation effort is needed, that will be billed at $250/Hr and $.55/page. Certichron may require the requesting party to pay the applicable hourly rate for requests that require significant forensic, accounting, engineering, or technical support. Certichron may also charge additional amounts for requests that require substantial document handling expenses, third party charges or other expenses.

Certichron reserves any and all rights under applicable law in connection with its receipt, evaluation and any response to, any third party requests or legal process.

Trademarks
SecureNTP™, OpenConnect™, DirectConnect™ and its DDL™ and DDU™ demand dial-up time services, Certichron Timing Centers™ Evitime, Evidence Service Processor (ESP), GeoSpatial Keys, GSK, Certichron, Certicron, Certikron, Certime, Accuchron, Autochron, Accutime, NihonTime, USTime, USPSFAX, FederalTime and Fedtime are trade or service marks of Certichron. All rights are reserved.