CCO Companion Terms of Use

Acceptance
This is a legally binding agreement (“Agreement”) between You (where “You” and “Your” includes the organization, institution or corporation this application is being used on behalf of) and Digital Compliance, LLC (“Digital Compliance”). These terms of use (“Terms”) govern Your use of CCO Companion (“CCOC”).

You represent and warrant that You are at least 18 years old and, if You are entering into these Terms on behalf of Your employer or other legal entity, that You have full authority to bind said employer or other legal entity to these Terms.  If You do not agree to comply with and be bound by these Terms, please do not access or use CCOC.

Limited License
You are granted a limited, non-transferable, non-exclusive, royalty free, revocable license to download, run and use CCOC. You acknowledge and agree that Digital Compliance is granting You a license to use CCOC and is not selling or making an assignment of CCOC to You. The sale, transfer, modification, reverse engineering or distribution of CCOC is strictly prohibited.

Changes, Modifications & Termination
Digital Compliance reserves the right at any time to modify these Terms and to impose new or additional terms or conditions on Your use of CCOC. Such modifications or additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of CCOC means You accept and agree to be bound by the modified terms.

Digital Compliance may, at any time, modify or discontinue (temporarily or permanently) distributing or updating CCOC. Digital Compliance is not obligated to provide any support services for CCOC. Digital Compliance shall not be liable to You or any third party for any such modification, suspension or discontinuance.

Consent to Collection and Use Of Data
You may choose to provide, post, or make accessible to Digital Compliance, data or information about You and/or any third party (“Data“), and Digital Compliance may store such Data on Your behalf, all in connection with Your use of CCOC.  You hereby provide Digital Compliance a limited non-exclusive, non-transferable license to use, upload, display, copy and store Data solely in connection with Your use of CCOC.

You represent and warrant that (i) You own or have obtained the right to all intellectual property rights subsisting in the Data, and have the right to provide Digital Compliance the license granted herein to such Data; and (ii) the Data does not infringe or violate any patents, copyrights, trademarks or other intellectual property rights, or misappropriate the trade secret, or violate the privacy rights of any third party.  As between You and Digital Compliance, You retain exclusive ownership of the Data.  You acknowledge and agree that You remain solely responsible and liable for the Data.

Digital Compliance shall maintain generally accepted industry safeguards to protect the security and confidentiality of Your Data.  Digital Compliance will maintain any personally identifiable information that Digital Compliance collects and/or receives in connection with CCOC in accordance with Digital Compliance’s Privacy Policy.

Acceptable Use
Use of CCOC is limited to the contemplated functionality.  CCOC shall not be used in any way that:

1. Harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including, but not limited to, rights of publicity or other proprietary rights);
2. Is unlawful, fraudulent, or deceptive;
3. Uses technology or other means to access unauthorized content or non-public spaces;
4. Uses or launches any automated system or process, including without limitation, “bots,” “spiders,” or “crawlers,” to access unauthorized content or non-public spaces;
5. Attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
6. Attempts to reverse engineer, decompile or disassemble CCOC or any components thereof;
7. Attempts to access the source code of CCOC;
8. Attempts to modify, translate, patch, alter, change or create any derivative works of CCOC, or any part thereof;
9. Encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
10. Violates these Terms in any manner; or
11. Fails to comply with applicable third party terms and conditions or other third party policies.

Digital Compliance reserves the right, in its sole discretion, to terminate this Agreement for any reason, including, but not limited to, a complaint made to Digital Compliance that You have violated a third party’s intellectual property rights.

Disclaimer of Warranties and Liability Limitations
CCOC MAY BE UNDER CONTINUOUS DEVELOPMENT BY DIGITAL COMPLIANCE AND IT IS LIKELY THAT BUGS WILL BE PRESENT. AS SUCH, ANY USE OF CCOC IS PROVIDED “AS-IS” AND AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIGITAL COMPLIANCE AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT WITH REGARD TO CCOC AND ANY COMPONENT THEREOF, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. DIGITAL COMPLIANCE DOES NOT WARRANT THAT THE OPERATION OF CCOC IS INTERRUPTION OR DEFECT FREE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM JURISDICTION TO JURISDICTION.

WITHOUT LIMITATION TO THE FOREGOING:

  1. DIGITAL COMPLIANCE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF CCOC WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME DIGITAL COMPLIANCE MAY REMOVE CCOC FOR INDEFINITE PERIODS OF TIME, OR CANCEL CCOC AT ANY TIME, WITHOUT NOTICE TO YOU; AND
  2. DIGITAL COMPLIANCE DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT CCOC WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND DIGITAL COMPLIANCE DISCLAIMS ANY LIABILITY RELATING THERETO.

IN NO CASE WILL DIGITAL COMPLIANCE, ITS MANAGERS, MEMBERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS OR THEIR AFFILIATES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DIGITAL COMPLIANCE, ITS PRODUCTS, ITS MANAGERS, MEMBERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS OR THEIR AFFILIATES.

DIGITAL COMPLIANCE WILL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH CCOC, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND DIGITAL COMPLIANCE HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIGITAL COMPLIANCE AND ITS REPRESENTATIVES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, LOSS OF PROFITS OR INVESTMENT, ACCOUNTING POSITIONS TAKEN BY YOU, OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF DIGITAL COMPLIANCE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL DATA, AIRTIME OR OTHER FEES ASSOCIATED WITH THE TRANSMITTAL OF INFORMATION AND THE USE OF YOUR MOBILE DEVICE.

Waiver and Indemnity
BY USING CCOC YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD DIGITAL COMPLIANCE, ITS MANAGERS, MEMBERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS AND THEIR AFFILIATES HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF CCOC OR ANY ACTION TAKEN BY DIGITAL COMPLIANCE AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM DIGITAL COMPLIANCE, ITS MANAGERS, MEMBERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS OR THEIR AFFILIATES AS A RESULT OF ITS DECISION TO REFUSE TO PROCESS ANY INFORMATION YOU PROVIDE TO DIGITAL COMPLIANCE, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO CCOC OR TO TAKE ANY OTHER ACTION. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES (AND ANY MISUSES) THAT OCCUR UNDER OR THAT ORIGINATE FROM YOUR MOBILE DEVICE WHILE USING CCOC.

Third Party Services
CCOC may contain links to third party Web sites or services that Digital Compliance does not own or control. Your use of CCOC may also include the use of applications that are developed or owned by a third party. Your use of such third party applications, Web sites, and services is governed by that party’s own terms of service or privacy policies. Digital Compliance encourages You to read the terms and conditions and privacy policy of any third party application, Web site or service that You visit or use.

Intellectual Property
The CCOC logo, and other Digital Compliance trademarks, service marks, graphics and logos used in connection with CCOC are trademarks or registered trademarks of Digital Compliance (collectively “Digital Compliance Marks”).  Other trademarks, service marks, graphics and logos used in connection with CCOC are the trademarks of their respective owners (collectively “Third Party Marks”).  The Digital Compliance Marks and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Digital Compliance or the applicable trademark holder.  CCOC and its content are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by Digital Compliance or the owner of the content.

Disclaimer
The material provided via CCOC is general in nature and is not a substitute for an individual assessment of any one particular user’s business or compliance obligations.  Accordingly, the information provided via CCOC is not intended to constitute legal or compliance consulting advice. Digital Compliance is not a law firm and does not provide legal advice. The use of such material or any other use of CCOC does not establish an attorney-client relationship. Links are provided for the users’ convenience and no endorsement of any link is to be inferred from the presence of the link on CCOC. Although every effort has been made to provide current, up-to-date, and accurate information, Digital Compliance does not accept any responsibility for the accuracy or timeliness of content provided via CCOC, including content provided by any third party or via any third party link.

Choice of Law, Jurisdiction
These Terms are governed by the laws of the State of Delaware, United States of America, without regard to conflict of laws rules.  You irrevocably consent to the exclusive jurisdiction of the state courts in Fairfield County, Connecticut, United States of America and the federal courts in the United States District Court for the District of Connecticut, United States of America, for purposes of any legal action arising out of or related to the use of CCOC or these Terms.

Severability
If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, those terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms.  Failure of Digital Compliance to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance.

Third Party Beneficiary
You agree that Digital Compliance’s service providers, licensors, or others involved in creating or providing CCOC are third party beneficiaries to these Terms and may rely upon the provisions of these Terms, including but not limited to, the provisions concerning Disclaimer of Warranties and Limitation of Liability, and Waiver and Indemnity.

Additional Rights
These Terms do not limit any rights that Digital Compliance may have under trade secret, copyright, patent or other laws. Digital Compliance reserves the right at all times to disclose Your information as Digital Compliance deems necessary to satisfy any applicable law, regulation, legal process or governmental request.