Terms and Conditions

Last Modified: November 2025

Legal Agreement and Binding Nature

These Terms and Conditions constitute a binding legal agreement between you and Cert Pro regarding your use of our arcade game certification services. By accessing our website, submitting certification applications, or engaging with our programs, you acknowledge that you have read, understood, and agree to be bound by these terms.

This agreement governs all aspects of your relationship with Cert Pro, including but not limited to service usage, payment obligations, intellectual property rights, and dispute resolution procedures. If you represent an organization, you warrant that you have authority to bind that organization to these terms.

If you do not agree with any provision of these terms, you must immediately cease using our services and refrain from submitting any certification applications or participating in our programs.

User Obligations and Responsibilities

Article 1: Legal Compliance

You agree to comply with all applicable laws, regulations, and industry standards when using our services. This includes:

  • Ensuring all submitted materials comply with copyright and intellectual property laws
  • Adhering to data protection regulations when providing personal or business information
  • Following export control laws if certification relates to international distribution
  • Complying with arcade gaming regulations in relevant jurisdictions
  • Maintaining professional licenses or qualifications required in your field

Article 2: Conduct Requirements

Professional conduct is essential to maintaining the integrity of our certification programs. You commit to:

  • Providing truthful and accurate information in all applications and communications
  • Maintaining ethical business practices throughout the certification process
  • Respecting confidentiality of proprietary evaluation methods and criteria
  • Treating certification staff, evaluators, and fellow participants with professionalism
  • Refraining from attempts to improperly influence certification outcomes

Article 3: Content Guidelines

All content submitted for certification evaluation must meet the following standards:

  • Original work or properly licensed content with documented permissions
  • Compliance with content rating guidelines and age-appropriate standards
  • Absence of malicious code, security vulnerabilities, or harmful elements
  • Technical documentation that accurately represents game functionality
  • Safety considerations properly addressed in design and implementation

Article 4: Financial Responsibilities

You are responsible for all fees associated with certification services, including timely payment of program costs, ensuring payment methods remain valid, covering any applicable taxes or duties, and bearing bank or payment processing fees. Failure to meet financial obligations may result in suspension of services or denial of certification credentials.

Liability Disclaimers and Warranties

Article 5: Disclaimer of Warranties

Cert Pro provides certification services on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including but not limited to:

  • Implied warranties of merchantability or fitness for a particular purpose
  • Warranties regarding service availability, reliability, or timeliness
  • Guarantees of specific certification outcomes or business results
  • Assurances regarding regulatory acceptance in all jurisdictions
  • Warranties related to third-party content or external resources

Article 6: Limitation of Liability

To the fullest extent permitted by applicable law, Cert Pro, its directors, employees, and affiliates shall not be liable for:

  • Indirect, incidental, special, consequential, or exemplary damages
  • Loss of profits, revenue, data, or business opportunities
  • Cost of procurement of substitute services
  • Business interruption or reputational harm
  • Damages arising from reliance on certification for regulatory compliance

Our maximum aggregate liability for all claims shall not exceed the total amount paid by you to Cert Pro in the twelve months preceding the claim, or one thousand United States Dollars, whichever is less.

Article 7: Consequential Damages Exclusion

Under no circumstances shall Cert Pro be held liable for consequential damages arising from certification denial, delays in evaluation processes, changes to certification standards, technical issues affecting service delivery, or any other aspect of our services, even if we have been advised of the possibility of such damages.

Article 8: Indemnification

You agree to indemnify, defend, and hold harmless Cert Pro, its officers, directors, employees, contractors, and affiliates from any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising from your use of our services, violation of these terms, infringement of intellectual property rights, or breach of applicable laws or regulations.

Article 9: Force Majeure

Cert Pro shall not be liable for any failure or delay in performance resulting from circumstances beyond our reasonable control, including natural disasters, acts of government or military authority, civil disturbance, war, strikes or labor disputes, fire, interruption in telecommunications or internet services, or failure of third-party service providers.

Legal Information and Dispute Resolution

Article 10: Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the United States and the State of Washington, District of Columbia, without regard to its conflict of law provisions. You consent to the personal jurisdiction of the state and federal courts located in Washington, DC for resolution of any disputes.

Article 11: Dispute Resolution Process

In the event of any dispute arising from these terms or our services, the parties agree to the following resolution process:

  • Informal Negotiation: Parties shall first attempt to resolve disputes through good faith negotiations for a period of thirty days
  • Mediation: If informal negotiations fail, parties agree to participate in mediation before a mutually acceptable mediator
  • Binding Arbitration: Unresolved disputes shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association
  • Court Proceedings: Only after exhausting arbitration may parties pursue claims in courts of competent jurisdiction

Article 12: Class Action Waiver

To the extent permitted by law, you agree that any dispute resolution proceedings will be conducted on an individual basis and not as a class action, consolidated action, or representative action. You waive any right to participate in class action litigation or class-wide arbitration.

Article 13: Severability

If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. The parties agree that any unenforceable provision shall be modified to reflect the parties' intention as closely as possible while remaining enforceable.

Article 14: Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any other referenced policies, constitute the entire agreement between you and Cert Pro regarding the subject matter herein. This agreement supersedes all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral.

Article 15: Modification of Terms

Cert Pro reserves the right to modify these Terms and Conditions at any time. Material changes will be communicated through prominent notice on our website or via email to registered users. Your continued use of our services following notice of modifications constitutes acceptance of the updated terms. We recommend reviewing these terms periodically to stay informed of any changes.

Article 16: Assignment

You may not assign or transfer these Terms and Conditions or any rights granted hereunder without our prior written consent. Cert Pro may freely assign these terms in connection with a merger, acquisition, corporate reorganization, or sale of assets. Any attempted assignment in violation of this provision shall be void.

Article 17: Waiver

No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.

Article 18: Survival

Provisions of these Terms and Conditions that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

Legal Questions and Clarifications

For questions regarding these Terms and Conditions, interpretation of specific provisions, or discussion of legal matters related to certification services, please contact us through our website contact form or consult with qualified legal counsel.

These terms are designed to protect both Cert Pro and our clients while maintaining fair and transparent business practices. We encourage you to read them carefully and reach out with any concerns before engaging with our certification programs.