Terms of Use

Last Updated: July 30, 2025

These Website Terms of Use (“Terms”) govern your (“you” or “your”) access to and use of the www.consertus.com website (“Website”) and  any other websites, mobile applications, and digital agents and services (together with the Website, collectively, the “Services”) provided by Consertus, Inc., a Delaware corporation with principal place of business at 1111 Brickell Avenue, Suite 1000, Miami, Florida 33131, and/or its subsidiaries or affiliates (collectively, “Consertus”, “we”, “us”, or “our”). You may also be provided additional terms and conditions with respect to specific Services (“Specific Policies”), which shall apply in addition to these Terms, with the Specific Policies superseding any conflicting terms in these Terms.  

ACCEPTANCE OF TERMS 

By accessing or using the Services, including providing us your contact information, you agree to be bound by these Terms and recognize that you may be waiving certain rights. Please read these Terms carefully, as they may have changed since your last visit to the Website or use of the Services.  

These Terms constitute the entire agreement between the parties relating to the subject matter herein. We may modify these Terms at any time, and any modifications will be posted on this Website. Your continued use of the Services following any such modifications constitutes your agreement that such use is legally sufficient consideration and your acceptance of the revised Terms then in effect. You agree that you will review these Terms periodically and that you shall be bound by these Terms and any modifications to them.  

ARBITRATION NOTICE  

THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT WHICH LIMITS YOUR RIGHTS TO BRING AN ACTION IN COURT, BRING A CLASS ACTION, AND HAVE DISPUTES DECIDED BY A JUDGE OR JURY, AS WELL AS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. 

PRIVACY POLICY 

All information collected through the Services is subject to our Privacy Policy. 

RESPONSIBILITY FOR OTHERS  

You are responsible for ensuring that any persons who access the Services on your computer(s) or device(s), who are permitted or able to access the Services on your computer(s) or device(s), or who use your internet connection to access the Services, are aware of these Terms and all other documentation referred to in them, and that such persons also agree to be bound by and to comply with these Terms. If such persons do not agree to these  Terms or do not wish to be bound by them, they are prohibited from accessing or using the Services and you are responsible for ensuring that they do not do so. 

AVAILABILITY OF THE SERVICES 

We make no representations or warranties regarding the availability of or your access to the Services. We reserve the right to suspend access to all or part of the Services for any reason and at any time, with or without notice. You agree that we are not liable to you or any third party for any termination of your access to the Services. Except as described otherwise, all materials on the Services are made available only to provide information about Consertus.   

INFORMATION AND CONTENT ON THE SERVICES  

Users of the Services are granted a personal, non-transferable, non-exclusive, and revocable right to access and use the information and content on or via the Services (the “Content”) for internal business purposes and subject to these Terms. The term “Content” includes all information, text, images, data, links, software, trademarks, videos, trade names, audio, designs, look and feel of the Website, and other material accessible through the Services, whether created by us or provided by another person for display on or through the Services.  

The Content and the Services are made available to you to provide you with general information about us, the Consertus brand, and any services that we offer from time to time. We do not make the Services available for any other purposes, except as expressly provided in these Terms. The Content is not intended to be construed as advice, and we make no representations and provide no warranties, whether express or implied, that any of the Content is accurate, up to date, or complete. You should not rely on the Content for any purposes whatsoever, and you should seek your own independent professional advice before deciding to take any course of action on the basis, whether in whole or in part, of the Content. 

We reserve the right to make changes to document names and content, descriptions or specifications of the Services, the Content, or other information without obligation to issue any notice of such changes. 

FEEDBACK 

In the event you provide us with any ideas, thoughts, criticisms, reviews, suggested improvements, or other feedback related to the Services (collectively “Feedback”), you hereby assign such Feedback to us without compensation or expectation of compensation and agree that we may use such Feedback for commercial or non-commercial purposes at our discretion. For any Feedback that cannot be legally assigned to us, you hereby: (a) grant us an exclusive, unrestricted, worldwide, perpetual, and royalty-free license to use the Feedback to (i) improve the Services and (ii) promote the Services; and (b) agree that you will not be due any compensation for your Feedback that is used in these ways. 

PROHIBITED CONDUCT 

By using the Services, you agree to abide by all applicable laws, rules, and regulations, and not to: (a) reproduce, duplicate, copy or resell any part of the Services or any Content, save and except to the extent expressly permitted in these Terms; (b) access, interfere with, damage or disrupt in any way the Services or any part of it, our systems, any of our hardware or equipment or any networks on which the Services are hosted, any software that we use to create or modify the Services or to make the Services available to you, or any hardware, equipment, network, server, software or technology owned or operated by us or any third party; (c) upload, transmit, post, email, or otherwise make available to the Services any material in any format that: (i) is false, inaccurate, misleading, fraudulent, unlawful, harmful, threatening, tortious, defamatory, vulgar, invasive of another’s privacy, or libelous; (ii) infringes any third party’s intellectual property or other proprietary right or rights of publicity or privacy; or (iii) contains viruses, worms, Trojan horses, time bombs, corrupted files, or any other software or programs designed to interrupt, interfere, intercept, expropriate, destroy or limit the functionality of the Services, or any computer software or hardware or equipment associated with the Services; (d) alter, remove, obscure or falsify any attributions, trademark, copyright or other proprietary designations of origin or source of the Services; (e) impersonate any person or entity; (f) attempt, through any means, to gain unauthorized access to the Services in a way not intended by us or for any unlawful purpose, or another person’s account or information on or through the Services; (g) use any robot, scraper, spider, or any other automatic device or manual process to monitor or copy the Services or the Content; (h) take any action that imposes an unreasonable or disproportionately large load on the Services; (i) take any action that creates liability for us or causes us to lose any of the services of our business partners, vendors, or suppliers; (h) take any action that would cause us to violate any applicable law, statute, ordinance, or regulation, or that violates these Terms; (j) attempt to tamper with, alter, disable, hinder, bypass, override, or circumvent the Services security, reliability, or integrity features, restrictions, or requirements; (k) interfere with or disrupt the integrity or performance of the Services, or the data contained therein; (l) access the Services or Content in order to build a competitive product or service, copy any features, functions, or graphics of the Services or Content or monitor the availability and/or functionality of the Services or Content for any benchmarking or competitive purposes; (m) breach these Terms or the terms of any document, policy, or agreement referenced in these terms; (n) use the Services for any fraudulent purposes; or (o) use the Services to conduct any unsolicited or unauthorized advertising or direct or indirect marketing to anyone by any means, or to otherwise spam, communicate with or market to anyone any goods, services or business not authorized by us. 

VIRUSES AND OTHER HARMFUL CONTENT 

We do not guarantee that the Services do not contain viruses or other malicious software. However, we do make reasonable efforts to prevent such viruses or bugs from being uploaded to the Services. 

By using the Services, you agree that: (a) we are not responsible for any bugs or viruses on the Services, or any software that might be transferred to your computer from the Services, or any consequences which the presence or operation of such programs may have; (b) you will ensure that up-to-date and effective anti-virus protection is on your computers and browsing devices; (c)  you will not upload, host or transmit any viruses, malware, adware, spyware, worms, Trojan horses, keystroke loggers, mining bots, spiders, spyware, logic bombs, time bombs or any other harmful programs or code which could adversely affect the use or operation of the Services, our hardware or systems, or the computers, tablets, phones or other devices of any users or other third parties, or to upload any content or materials containing any such content another browsing device; (d) you will not attempt to perform any denial-of-service type attack on the Services; and (e) you will report any breach or suspected breach of this section to the relevant authorities and that we may disclose your identity. 

LINKS TO OTHER WEBSITES OR APPLICATIONS 

a) Any information, statements, opinions, or other information provided by third parties and made available on or through the Services are those of the respective author(s) and not us. We do not guarantee the validity, accuracy, completeness or reliability of any opinion, advice, service, offer, statement or other third-party Content on the Services. 

b) We may provide on the Services, solely as a convenience to users, links to websites, social media pages, mobile applications, or other services operated by other entities. If you click these links, you will leave the Services. If you decide to visit any external link, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We do not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked sites or the information appearing thereon or any of the services described thereon. Links do not imply that we are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links; or that any linked Services is authorized to use any of our trademarks, logos, or copyright symbols. 

c) We may maintain a presence on and link to social media websites, including without limitation LinkedIn, Facebook, YouTube, TikTok, and Instagram (collectively, “Social Media Pages”), to provide a place for people to learn more about us and to share experiences with our services. When you visit these Social Media Pages, you are no longer on the Services, but rather a website operated by a third party. All comments, visuals and other materials posted by visitors to these Social Media Pages do not necessarily reflect our opinions, values, or ideas. All visitors to these Social Media Pages must comply with the respective social media platform’s terms and conditions. 

d) YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES, APPLICATIONS, SERVICES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD PARTIES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS APPLICABLE TO SUCH SITES AND RESOURCES, WHICH YOU WILL COMPLY WITH. 

DISCLAIMERS AND ASSUMPTION OF RISK 

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF THE SERVICES OR THE CONTENT AVAILABLE ON OR ACCESSIBLE FROM THE SERVICES OR ANY OTHER SITES LINKED TO OR FROM THE SERVICES. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, DOWNLOADING, OR OTHERWISE OBTAINING ANY CONTENT THROUGH THE SERVICES, AND YOUR INVOLVEMENT IN SUCH ACTIVITIES IS AT YOUR OWN RISK. THE CONTENT OF THE SERVICES IS PROVIDED ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 

EXCLUSIONS AND LIMITATIONS OF LIABILITY 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR AFFILIATES, NOR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, EQUITYHOLDERS, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, AND/OR REPRESENTATIVES (OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “RELEASEES”), WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OR THE INABILITY TO USE THE SERVICES, THE CONTENT, OR EXTERNAL LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, OR ANY COMPUTER VIRUS OR FAILURE. 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE RELEASEES WILL ALSO NOT BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUIDNG WITHOUT LIMITATION ANY LOSS OF DATA, OPPORTUNITIES, REVENUE, OR PROFITS), EVEN IF WE HAVE PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RELEASEES ALSO SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS, OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.  

IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, OR IF WE ARE OTHERWISE FOUND TO BE LIABLE IN ANY MANNER, THEN YOU AGREE THAT OUR TOTAL LIABILITY TO YOU OR ANY THIRD PARTY FOR DAMAGES, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, TO ACCESS THE SERVICES, IN THE AGGREGATE FOR ALL CLAIMS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  

INDEMNIFICATION 

You agree to indemnify, defend and hold us and the Releasees and all of our and their directors, officers, employees, agents, shareholders, successors, assigns, and contractors harmless from and against any and all claims, damages, suits, actions, liabilities, judgments, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise out of or relate to, directly or indirectly: (a) your breach of any provision of these Terms; (b) your activities in connection with the Services, including in connection with any transaction that occurs in relation to the Services; (c) the information you provide to us through the Services; or (d) your violation of any third party right, including but not limited to any copyright, property, or privacy right. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. 

AGE RESTRICTIONS  

The Services and any services available on or via the Services are not intended for use by individuals under the age of 18. If you are under the age of 18 or incapable of forming legally binding contracts, you are not permitted to use the Services or submit information about you or anyone else to us. If you are 18 years of age or older and capable of forming legally binding contracts, you may use the Services, but you are not permitted to submit information about any person who is under the age of 18.  

DISPUTES, ARBITRATION AND CLASS ACTION WAIVER 

PLEASE READ THIS SECTION CAREFULLY, AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. 

ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. YOU MAY CHOOSE TO BE REPRESENTED BY A LAWYER IN ARBITRATION OR PROCEED WITHOUT ONE. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THESE TERMS. 

Any dispute, claim or controversy arising out of or relating to these Terms, other agreements on the Services, or the Privacy Policy, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be either determined by binding arbitration in Miami-Dade County, Florida before one arbitrator or submitted to small claims court in Miami-Dade County, Florida. If the arbitrator finds this location to be unreasonably burdensome to you, a new location may be selected or arbitration may be conducted over the phone, using video conferencing, or similar. You may be entitled to an in-person hearing near your place of residence. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Any arbitration arising out of or related to these Terms shall be conducted in accordance with the expedited procedures set forth in the current JAMS Comprehensive Arbitration Rules and Procedures, including Rules 16.1 and 16.2 of those Rules. 

No Class Actions. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.  

Seeking Arbitration. If you elect to seek arbitration or file a small claim court action, you must first send to us, by certified mail, a written notice of your claim (“Notice”). The Notice to us must be addressed to: 1111 Brickell Ave, Miami, FL 33131, Suite 1000, Attn: Legal Department. If we initiate arbitration, we will send a written Notice to an email address you have previously provided to us, if available. We may also use any other means to contact you, including a message in your Account. A Notice, whether sent by you or by us, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If you and we do not reach an agreement to resolve the claim within 60 days after the Notice is received, you or us may commence an arbitration proceeding or file a claim in small claims court. Arbitration forms can be downloaded from www.jamsadr.com.  

Arbitration Fees. You and Consertus will each bear its own costs and attorneys’ fees in the event of arbitration; provided, however, that either party may recover attorneys’ and arbitral fees and costs to the extent permitted by applicable law or under applicable arbitration rules. If an arbitrator determines that an arbitration has been brought in bad faith, for an improper purpose, or to exert unfair pressure greatly disproportionate to the harm alleged, or that the demand was entirely frivolous, the arbitrator may award costs, arbitration fees, and attorneys’ fees to the party defending itself in connection with any such dispute. 

Hearing. If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the JAMS Rules. In the event that the arbitration will be conducted solely on the basis of submitted documents, the arbitrator’s decision and award will be made and delivered within six (6) months of the selection of the arbitrator, unless extended by the arbitrator. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. 

Opt out. You have a limited right to opt out of the provisions of this arbitration section (excluding the terms under the heading “Governing Law and Jurisdiction”) by sending written notice of your decision to opt out to: legalnotices@consertus.com, within 30 days after first becoming subject to these Terms. Your notice must include your name, physical address, and email address, and an unequivocal statement that you want to opt out of this arbitration section. If you opt out of this arbitration section, all other parts of these Terms will continue to apply to you. Opting out of this arbitration section has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us. 

Injunctive Relief. Notwithstanding the foregoing, you and we both agree that you or we may sue in court to enjoin infringement or other misuse of intellectual property rights or in other scenarios where injunctive relief is appropriate. In the event a court or arbitrator having jurisdiction finds any portion of these Terms unenforceable, that portion shall not be effective, and the remainder of the Agreement shall remain effective.  

Confidentiality. The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision. 

This section shall apply, unless not permitted by applicable law.   

GOVERNING LAW AND JURISDICTION 

These Terms and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Florida and the of the United States, exclusive of conflict or choice of law rules. If you reside in the UK, UAE, KSA, or another jurisdiction with mandatory local laws that directly apply to you, such laws will apply to the extent required. The parties acknowledge that these Terms evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of these Terms shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). In any arbitration arising out of or related to these Terms, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to these Terms, the arbitrator may not award any incidental, indirect or consequential damages, including damages for lost profits. The parties adopt and agree to implement the current JAMS Optional Arbitration Appeal Procedure with respect to any final award in an arbitration arising out of or related to these Terms. 

INTELLECTUAL PROPERTY 

a) All trademarks, service marks, trade names, logos, copyright, and other intellectual property rights in the Services and its content are either owned by us or licensed to us. All such rights are protected by intellectual property laws around the world, and all rights are reserved. Any use of the Services and its contents, other than as specifically authorized in these Terms, is strictly prohibited. Any rights not expressly granted herein are reserved by us. 

b) The trademarks, service marks, trade names, logos and other branding owned by third parties and used or displayed on or via the Services (collectively, “Third Party Mark(s)”) may be trademarks of their respective owners, who may or may not endorse or be affiliated with or connected with us. Except as expressly provided in these Terms, or in terms provided by the owner of a Third Party Mark, nothing in these Terms or on or via the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our or any Third Party Marks that are used or displayed on the Services, without the respective owner’s prior written permission, in each instance. All goodwill generated from the use of our trademarks will benefit us exclusively. 

c) All text and other materials found within this site are the property of Consertus, its affiliates, or other parties who have licensed material to Consertus. All text and other materials found within this site are protected by copyrights and other proprietary intellectual property rights that are owned or controlled by Consertus or by other parties that have licensed their rights to Consertus. You may not modify or make any commercial use of any material on this site. You may make copies of the materials on this site for own use as long as you keep intact any copyright and other proprietary notices on the materials, and you may not modify the materials in any way. 

d) Whenever you print, download, share or pass on content from the Services to others, you must not make any additions or deletions or otherwise modify any text from the Services, you must not alter or change any images, media or graphics from the Services in any way, you may not remove any accompanying text from such images, media or graphics, and you must ensure that all content passed on to any third party is an accurate representation of the content as it appears on the Services. 

e) You are prohibited from using any robots, spiders, data mining or scraping technology or any similar third-party tools for the extraction or reproduction of any data or content from the Services without our prior written consent. 

f) Whenever you pass on any content or materials from the Services to anyone, you must acknowledge us as the authors of such content or materials (or any other authors wherever credited by us) at the time when you pass on such content or materials. 

g) We respect the intellectual property rights of others, and we ask you to do the same. We may, in appropriate circumstances and at our discretion, terminate service and/or access to and use of the Services for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on the Services, please provide our designated agent the following information.

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 
2. Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site. 
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Services, and information reasonably sufficient to permit us to locate the material. 
4. Information reasonably sufficient to permit us to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted. 
5. A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law. 
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

Our agent for notice of claims of copyright or trademark infringement can be reached as follows: 

Consertus, Inc. 

Attn: Legal Department 

1111 Brickell Avenue, Suite 100 

Miami, Florida 33131 

Email: legalnotices@consertus.com 

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. 

h) We will notify you that we have removed or disabled access to copyright-protected material that you provided if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to our designated agent that includes all of the following information: 

1. Your physical or electronic signature; 
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from you under the penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and 
4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person. 

i) We reserve the right, in our sole discretion, to terminate the access of any user of the Services and/or Services who is the subject of repeated DMCA or other infringement notifications. 

ACCESS BY INTERNATIONAL USERS 

WE MAKE NO REPRESENTATION THAT THE INFORMATION AND MATERIALS ON OR AVAILABLE VIA THE SERVICES, INCLUDING WITHOUT LIMITATION THE CONTENT, INFORMATION, AND OTHER MATERIALS PROMOTING THE SERVICES ON THE SERVICES, ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS OTHER THAN THE LOCATION FOR WHICH THE SERVICE IS DIRECTED. WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES OR ANY PART THEREOF ARE APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES AND THE OTHER JURISDICTIONS IN WHICH WE DO BUSINESS AS OF THE DATE SET FORTH ABOVE. Those who choose to access the Services do so on their own initiative and at their own risk. You are responsible for complying with all local statutes, orders, regulations, rules, and other laws, and you agree that your access to or use of the Servies does not subject us to any statutes, orders, regulations, rules, or laws of any area. You are also subject to United States export controls and are responsible for any violations of such controls, including without limitation any United States embargoes or other federal rules and regulations restricting exports.  

Nothing in these Terms affects your rights as a consumer to rely on mandatory provisions of local law. The local law of your jurisdiction may entitle you to have a dispute relating to these Terms heard by your local courts. HOWEVER, WE DO NOT CONSENT TO THE JURISDICTION OF ANY COURTS OTHER THAN THOSE REFERENCED IN THESE TERMS. We reserve the right to limit the availability of the Services, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. Access to the Services is not permitted in any jurisdiction where it would be illegal. These Terms, as well as all other documents related to it, including notices and correspondence, will be in the English language only; provided, however, that if we do business in the jurisdiction in which you live and English is not the predominant language in such jurisdiction, we will, upon your written request in accordance with these Terms, provide you a translated version of these Terms. 

MISCELLANEOUS 

Communications. When you use the Services or send communications to us through the Services, you are communicating with us electronically. You consent to receive electronically any communications related to your use of the Services. We may communicate with you by email or by posting notices on the Services. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by creating a user account, or otherwise providing us with your email address, postal address or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Policy. 

No Waiver; Cumulative Rights. No waiver, express or implied, by either party of any breach of or default under these Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default. Our rights and remedies under these Terms and any other applicable agreement between us and you shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy. 

Severability. If any provision of these Terms is held to be invalid or unenforceable, it shall be replaced in interpretation by a valid and enforceable term that most closely aligns with the intent of the original provision. If that is not possible, the provision shall be removed, and the rest of the Terms will be enforceable. 

Termination. The Services and these Terms are in effect until terminated by you or us. We may terminate these Terms by notifying you using any contact information we have about you or by posting such termination on the Services. You may terminate these Terms by providing written notice of termination, including your detailed contact information and any Services credentials, to us using the information in the Contact Information section. In addition to any right or remedy that may be available to us under applicable law, we may suspend, limit, or terminate all or a portion of your access to the Services or any of its features at any time with or without notice and with or without cause, including without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. We may be protected for liability from these actions under the Communications Decency Act, 47 U.S.C. § 230. 

The provisions of these Terms concerning protection of intellectual property rights, authorized use, user-submitted feedback, disclaimers, limitations of liability, indemnity, disputes, class action waivers, as well as any other provisions that by their nature should survive, shall survive any such termination.  

Upon any such termination: (a) you must destroy all content obtained from the Services and all copies thereof; (b) you must immediately cease all use of and access to the Services; (c) we may delete or disable access to the Services and the Content at any time; and (d) and we may delete your account, if any, at any time. You agree that if your use of the Services is terminated pursuant to these Terms, you will not attempt to use the Services under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify, defend, and hold us harmless from any and all liability that we may incur therefore. Your use of the Services after termination will be a violation of this Section, which survives any termination.  

Assignment. You may not assign these Terms, or any right or license set forth herein, in whole or in part, without our prior written consent. We may assign these Terms (including, for the avoidance of doubt, any information you submit to us) without your consent and with or without notice, to an affiliate or in connection with any merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. Any purported assignment in violation of this section shall be null and void. These Terms shall be binding on all permitted assignees. 

Accessibility. We are committed to providing an inclusive and user-friendly experience for all individuals, including those with disabilities. Our goal is to continually improve the accessibility of the Services to ensure that everyone can access the information and features they need. 

CONTACT INFORMATION 

If you have questions about Consertus, these Terms, the Services, Consertus, or the other services we offer, please contact us by email at contact@consertus.com. 

We value your feedback and will do our best to address any concerns.