Acceptance of Terms
Digital Compliance, LLC (“Digital Compliance” “we” or “us” or “our”) welcomes you to our Site. This “Site” means www.ccocompanion.com, any mobile or localized versions and related subdomains, in whatever format they may be offered. Through this Site, we may provide you with general information regarding our company and CCO Companion (the “Product”) and other online resources.
PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
Permission to Use this Site
You have our permission to use this Site, but only if:
- You are 13 years old or older;
- You are using this Site for informational and internal business purposes for you personally or on behalf of your company; and
- You follow all the rules and restrictions we’ve spelled out in these Terms.
Please note the following:
- At various times in the future, we may revise these Terms.
- Any such revised Terms will be posted on this Site and will be effective immediately upon posting.
- If you continue to use this Site after revised Terms are posted, you agree to be bound by the revised Terms.
- If in the future you do not agree to be bound by the revised Terms, you should stop using this Site at that time.
To the extent you submit content to this Site (e.g., questions or comments in on-line forums), you grant to us and to all other users a royalty-free, perpetual, irrevocable, non-exclusive, fully paid and transferable right and license to use, reproduce, modify, adapt, publish, distribute, translate, communicate to the public, create derivative works from, perform and display such content worldwide without restriction or compensation. Any content you contribute to this Site becomes public upon your submission of the information. Content posted in the public areas of this Site may appear in public search results and may be accessed by everyone on the Internet, which you should take into consideration before submitting content to this Site.
If you comply with these Terms, you will have a limited, non-exclusive, non-transferable, and revocable license to access and use this Site, only for its intended purpose. If you comply with these terms, you shall have a worldwide, royalty-free, non-transferable license to provide a link to this Site, if the link is provided for the intended purpose of this Site. Except as allowed specifically, you may not copy, modify, distribute, transmit, display, reproduce, publish, license, transfer or sell any content or any information included on this Site.
In the event that you provide content and interact with other users. You agree that you will not:
- Upload, post, transmit content that is unlawful, libelous, intentionally false, abusive, obscene, threatening or harassing, discriminatory or otherwise objectionable.
- Collect, use or transfer any personal, private or confidential information about another person obtained from this Site.
- Infringe intellectual property rights of third parties.
- Transmit content that contains software viruses, worms or any other computer code that interrupt, destroy or limit the functionality of this Site or obtain unauthorized information.
- Undertake actions that interfere with the operations of this Site.
- Use data mining tools or similar data gathering or extraction methods to extract data from this Site.
- Use this Site for any unlawful or improper purpose.
Digital Compliance Intellectual Property
The design, features, text and graphics of this Site are copyrighted 2015 by Digital Compliance, LLC, all rights reserved. The images, text and all elements of this Site, are our intellectual property and may not be used without our prior written permission. All third-party product names and company names or logos included on this Site are the property of their respective owners. You may not copy, modify, upload, post, transmit or distribute any material, including code, from this Site except as specifically permitted by these Terms. Unauthorized use constitutes copyright and/or trademark infringement.
You may not use any part of this Site to create a similar or competing website. Any use of this Site not specifically permitted by these Terms is prohibited and constitutes a breach of these Terms.
We are under no obligation to monitor the information contained in or transmitted through this Site. You agree that we may monitor on this Site (a) to comply with applicable laws, regulations or other government requests; and (b) for such other purposes as we deem appropriate. We reserve the right to modify, reject or eliminate any information contained in or transmitted through this Site that we believe is unacceptable or in violation of these Terms.
Links to Other Sites
This Site may contain links or other connections to websites operated by third parties. We are not responsible for such websites. Our inclusion of such links should not be construed as an endorsement of the material on such websites. Your use of this Site to link to another site is at your own risk.
USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE (INCLUDING OUR CONTENT) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER LAW, DIGITAL COMPLIANCE AND ITS DIRECTORS, OFFICERS, MANAGERS, MEMBERS, SUPPLIERS, PARTNERS, AGENTS AND THEIR AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
DIGITAL COMPLIANCE AND ITS DIRECTORS, OFFICERS, MANAGERS, MEMBERS, SUPPLIERS, PARTNERS, AGENTS AND THEIR AFFILIATES MAKE NO WARRANTY THAT (i) THIS SITE WILL MEET YOUR REQUIREMENTS; (ii) THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DIGITAL COMPLIANCE WILL FIX ANY ERRORS; OR (iii) ANY CONTENT PROVIDED ON OR THROUGH THIS SITE WILL BE ACCURATE OR RELIABLE. ANY MATERIALS OBTAINED THROUGH USE OF THIS SITE ARE OBTAINED AT YOUR OWN DISCRETION AND RISK AND DIGITAL COMPLIANCE SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOUR COMPUTER OR DATA OR FOR ANY BUGS, VIRUSES, TROJAN HORSES OR OTHER DESTRUCTIVE CODE RESULTING FROM USE OF THIS SITE OR ANY CONTENT OBTAINED FROM THIS SITE.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER LAW, DIGITAL COMPLIANCE AND ITS DIRECTORS, OFFICERS, MANAGERS, MEMBERS, SUPPLIERS, PARTNERS, AGENTS OR THEIR AFFILIATES HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING FROM OR RELATED TO YOUR USE OF THIS SITE OR ANY CONTENT PROVIDED BY OR THROUGH THIS SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES IN ADVANCE. THE FOREGOING LIMITATION APPLIES TO DAMAGES AND LIABILITIES ARISING FROM (I) YOUR USE OR INABILITY TO USE THIS SITE; (II) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT; (IV) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THIS SITE OR (V) ANY OTHER MATTER RELATING TO THIS SITE.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DIGITAL COMPLIANCE’S AGGREGATE LIABILITY AND THE LIABILITY OF EACH OF ITS DIRECTORS, OFFICERS, MANAGERS, MEMBERS, AFFILIATES, SUPPLIERS, PARTNERS AND AGENTS TO YOU OR ANY THIRD PARTIES UNDER THESE TERMS IS LIMITED TO A MAXIMUM AMOUNT OF ONE HUNDRED DOLLARS (US$100).
You agree to indemnify, defend (if we so request) and hold harmless Digital Compliance and its directors, officers, managers, members, suppliers, partners, agents and their affiliates from and against any claim, demand, losses, damages or expenses (including reasonable attorney’s fees) arising from your content, your use of this Site, your connection to this Site, your violation of these Terms or your violation of any rights of any third party. Your indemnification obligation will survive the termination of these Terms and your use of this Site.
Termination and Suspension
We may terminate or suspend these Terms at any time for any or no reason. We may also terminate or suspend your permission to use this Site immediately and without notice upon any violation of these Terms, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems or for engagement by you in fraudulent or illegal activities. If we terminate your use of this Site for any of these reasons or otherwise for cause, we will not refund any fees you may have paid for the Product (if applicable).
Upon any termination we may delete your content and we may bar you from further use of this Site. You understand that we may also continue to make your content available on this Site even if your use of this Site is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, content or access to this Site.
Governing Law, Arbitration, and Class Action/Jury Trial Waiver
By visiting or using this Site, you agree that the laws of the State of Delaware, without regard to any principles of conflict of laws that would require or permit the application of the laws of any other jurisdiction, will govern these Terms. You agree to submit to the personal jurisdiction of the federal and state courts located in Fairfield County, Connecticut for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Fairfield County, Connecticut is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable. Unless otherwise agreed in writing by you and us, any dispute arising out of or relating to the Terms, or any breach thereof, shall be finally resolved by binding arbitration administered by JAMS or by the American Arbitration Association under its Commercial Arbitration Rules, or such arbitration body as required by law, rule or regulation, and final judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitration will be conducted in the English language before a single arbitrator in Fairfield County, Connecticut. Such arbitration must be commenced within one (1) year after the claim or cause of action arises. Notwithstanding the foregoing, either Digital Compliance or you may apply to any court of competent jurisdiction for injunctive relief without breach of this arbitration provision.
You agree that, you and Digital Compliance are each waiving the right to a trial by jury or to participate in a class action. This is a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of your use of this Site or the Product. YOU AND DIGITAL COMPLIANCE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Additionally, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
You understand that you may consult with counsel about agreeing to arbitration or any other of these Terms, and you agree that by using this Site, you are voluntarily accepting these Terms.
Digital Millennium Copyright Act
If you believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the information in writing as outlined in 17 U.S.C 512(c)(3). You acknowledge that if you fail to comply with all of the requirements of 17 U.S.C. 512 (c)(3), your DMCA notice may not be valid.
You agree that no joint venture, partnership, employment or agency relationship exists between you and us a result of these Terms or your use of this Site or the Product.
Except as specifically contemplated by these Terms, no representations, statements, consents, waivers or other acts or omissions by us shall be deemed legally binding on us, unless documented in writing. We make no representation that this Site is appropriate or may legally be viewed in the nation, state, or other jurisdiction in which you are located. Access to this Site is prohibited from jurisdictions where this Site, or its content is illegal.