CertiClear Terms of Service

The following terms of service ("Agreement") govern the use of CertiClear Web sites, apps, and related services ("Services") provided by Online-Access, Inc., located at 2650 Oak Street, Port Huron, MI 48060. By accessing, browsing, or subscribing to our Services, you acknowledge that you have read, understand, and agree to be bound by these terms. If you do not agree to these terms, please do not use our Services. If you have any questions or concerns about this agreement, please contact us using our contact form.

General

We may from time to time change the terms and conditions that govern your use of our Services. Your use of our Services following any such change constitutes your agreement to follow and be bound by the terms and conditions changed. We may change, move or delete portions of, or may add to our Services from time to time.

Medical or Legal Advice

Our Services are meant to help businesses ask, log, and record daily information to keep customers and other employees safe and does not constitute medical advice or diagnosis. If you are seeking legal advice, medical advice, or diagnosis, please consult a legal or medical professional.

Payment

Online-Access, Inc. charges a monthly fee that is automatically charged to the credit card on record. Upon subscribing, besides the one time initial start up fee, you will be charged a minimum for up to 5 employees per month at the price agreed to. An additional per month per employee fee will be added for every additional employee beyond the first five. Since the monthly fee is automatically withdrawn, Online-Access, Inc. strongly recommends that members use credit cards that are not approaching their credit limit and are not tied to a checking account. Using such cards can increase the risk of incurring overdraft penalties. Online-Access, Inc. is not responsible for bank fees or penalties.

Addition or reduction of employees within the CertiClear system

Any additional employees added or removed from the CertiClear system during a billing period will change the next month’s billing according to the new number of employees subscribed at the time of billing.

Subscription Cancellation

Members can cancel their accounts at any time. There is no minimum commitment. The cancellation request option is found in the "CertiClear" dashboard. Cancellation will take effect immediately upon submitting the cancellation form. An email confirming cancellation will be sent to the email address on record. No pro-rated refund will be issued upon cancellation.

Contents

Unless otherwise noted, all materials, including images, advertisements, graphics, illustrations, design, icons, photographs, data (including member data), text and other materials that are part of our Services (collectively, the "Contents") are copyrights, trademarks, and/or other intellectual properties owned, controlled or licensed by Online-Access, Inc or the advertising product sponsors. Our Services and its Contents are controlled and operated by Online-Access, Inc. from its offices in Port Huron, Michigan, USA.

Online-Access, Inc. grants you a limited license to access and make use of our CertiClear Services for your business. You may not copy or modify any portion of our Services, except with express written consent of Online-Access, Inc. You may not use any part of our Services for resale use; this includes, but is not limited to, logos, images, text, and data. You may not use data mining, robots, or similar data gathering and extraction tools. The Contents may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Online-Access, Inc. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of CertiClear so long as the link does not portray CertiClear or its products and services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any CertiClear logo or other proprietary graphic or trademark as part of the link without express written permission.

Please note that the permission granted herein terminates automatically if you breach any of these terms and conditions. Any other use of the Contents including reproduction for purposes other than as noted above, and including any reproduction, modification, distribution, or republication may violate copyright or trademark laws, and, without the prior written permission of Online-Access, Inc., is strictly prohibited.

Errors & Omissions

Online-Access, Inc. makes every reasonable effort to ensure that our data and reports are correct. However, given the vast quantity of data and the complexity of our system, errors & omissions may occur. CertiClear is not responsible for errors or omissions. If you have located an error or omission, please notify us.

Pricing

In the event that a product or service is listed at an incorrect price due to typographical error or error in pricing information received from others, CertiClear shall have the right to refuse or cancel any orders placed for products or services listed at the incorrect price.

Price and availability are subject to change without notice.

Disclaimer of Warranty

Our Services and Contents are provided on an "AS IS" basis without representations or warranties of any kind, either expressed or implied, including, without limitation, warranties or conditions of title or implied warranties of merchantability or fitness for a particular purpose, and non-infringement. Although we believe the responses as filled out by the employer’s employees to be accurate, CertiClear does not represent or warrant that the information provided is accurate since the answers are based on what the employee enters.

Online-Access Warranties that the advertisements the CertiClear Service may post on the survey closing screen will not be used in any way to solicit employment changes or post job opportunities.

Disclaimer of Liability

In no event shall CertiClear be liable for special, indirect, exemplary, or consequential damages or any damages whatsoever, including, but not limited to, loss of employees, employee sickness, loss of data, or loss of profits, without regard to the form of any action, including, but not limited to, contract, negligence, or other tortious actions, all arising out of or in connection with the use, record keeping, or display of our Services.

Children

We have no intention of collecting personal information from individuals under the age of 18. If any of your employees are a child under the age of 18, please do not submit personal information without the consent of their parent or guardian.

Employee tips or advertisements

By participating with the CertiClear service, you recognize that all posts regarding employee performance suggestions, Safety suggestions, or advertisements contained therein reflect the opinion of each post's author or advertiser and not necessarily the opinion of Online-Access Inc.

Linked Sites

Our Services or advertisements on the closing survey screen may contain links to other Web sites ("Linked Sites"). Online-Access, Inc. does not operate or control any information, products, or services on the Linked Sites, and neither endorses nor approves any products or information offered at Linked Sites. Although we will attempt to screen all advertisements and posts, Linked Sites are used at the users own risk.

Termination

This Agreement is effective unless and until terminated by Online-Access, Inc. Online-Access, Inc. may terminate this Agreement at any time without notice to you, and accordingly deny you access to our Services in our sole discretion. Upon any termination of this Agreement by Online-Access, Inc., or cancelation by the user, the user will be responsible to download all the records they wish to keep obtained from the CertiClear Services. All download links will only be sent to the email of the CertiClear Administrator that Online-Access, Inc. has on record. By downloading the accumulated reporting data, the user accepts all responsibility for its security. After cancelation, Online-Access, Inc. does not in any way promise that the materials will remain available to you. Online-Access, Inc. reserves the right to terminate all or part of our Services at any time without notice to you.

Remainder of Agreement

You agree that in the event any portion of this Agreement is found to be unenforceable, the remainder of the Agreement shall remain in full force and effect.

Modification

Online-Access, Inc. may modify this Agreement by updating this posting. By using our Services you agree to be bound by any such revisions and should therefore periodically visit this page to determine the current Agreement to which you are bound.

Choice of Law

The laws of the State of Michigan shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties hereto.

Arbitration

Any controversies arising out of the terms of this Agreement or its interpretation shall be held in Port Huron, Michigan in the county of St. Clair accordance with the rules of the American Arbitration Association, and the judgment upon award may be entered in any court having jurisdiction thereof with each party paying their own costs, provided that the cost of the Arbitration shall be paid by the subscriber.

Last modified: July 23, 2020