1. DESCRIPTION OF SERVICE AND ACCEPTANCE OF TERMS
eComply, through its online compliance platform and website (referred to collectively as “eComply”, “We”, “Us”, or “Our”) provides an online content and learning service offering a selection of videos, tests, inspection checklists, and other content (collectively, the “Content”). The Content, and any other features, tools, applications, materials, or other services offered from time to time by eComply in connection with its business, however accessed, are referred to collectively as the “eComply Services” or “Services.”
To access and enjoy the eComply Services, You must agree to, and follow, the terms and conditions set forth in these Terms, and pay the Subscription Fee if applicable. By visiting the eComply Site or using any of the eComply Services (including accessing any Content), You are agreeing to these Terms. Please take a moment to carefully read through these Terms. If You have any questions or comments about these Terms, please contact Us at 512-269-0108.
2. CHANGES TO THE TERMS BY eComply
eComply may amend
these Terms at any time by posting the amended terms on the eComply
Site. We will not otherwise directly notify You of any amendments. If You
disagree with any amended Terms, Your only recourse is
to cancel Your Subscription with eComply by contacting
Customer support at
3. ACCESS AND USE OF THE eCOMPLY SERVICES
You must be at least 18 years of age to use, subscribe to, or register with eComply or to use any feature or other part of eComply Services.
You may access and view the Content only in compliance with these Terms. You may not directly or indirectly through the use of any device, software, internet site, web-based service, or other means:
· Remove, alter, bypass, avoid, interface with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content; or
· Copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content without prior written approval of eComply.
You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by eComply in writing. Furthermore, You may not create, recreate, distribute, or advertise an index of any portion of the Content unless authorized by eComply. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions include without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, You are strictly prohibited from creating derivative works or materials that otherwise are derived from or based in any way on the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, and merchandise, without the prior written approval of eComply. This prohibition applies even if You intend to give away the derivative materials free of charge.
You agree that eComply owns and retains all rights to the eComply Services. You further agree that the Content You access and view as part of the eComply Services is owned or controlled by eComply and /or eComply’s licensors and/or affiliates. The eComply Services and the Content is protected by applicable copyright, trademark, and other intellectual property laws.
You and other users must use the eComply Services for lawful, educational, compliance, and other appropriate purposes only. Your commitment to this principle is critical. You agree to observe the eComply Services, Content, and embedding restrictions detailed above, and further agree that You will not access the eComply Site or use the eComply Services in a way that:
· violates the rights of others (including, without limitation, patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights);
· violates any applicable federal, state or local laws or regulations;
· uses technology or other means to access, index, frame, or link to the eComply Services (including the Content) that is not authorized by eComply (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of eComply Services);
· involves accessing the eComply Services (including the Content) through any automated means, including “robots”, “spiders”, or “offline readers” (that is, other than by individually performed searches on publicly available search indices – but not caches or archives – of the eComply Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
· introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware, or telecommunications equipment;
· damages, disables, overburdens, impairs, or gains unauthorized access to the eComply Services, including eComply servers, computer network, or user accounts;
· removes, modifies, disables, blocks, obscures, or otherwise impairs any advertising in connection with the eComply Services;
· uses the eComply Services to advertise or promote Services that are not expressly approved in advance in writing by eComply;
· encourages conduct that would constitute a criminal offense or give rise to civil liability;
· violates these Terms or any guidelines or policies posted by eComply;
· interferes with any other party’s use and enjoyment of the eComply Services; or
· attempts to do an of the foregoing.
If eComply determines in its sole discretion that You are violating any of these Terms, We may (a) notify You, (b) use technical measures to block or restrict Your access or use of the eComply Services, and/or (c) terminate Your eComply Account immediately. In the event of any of the foregoing circumstances, You agree to immediately stop accessing or using in any way (or attempting to access or use) the eComply Services, and You agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.
No Spam/Unsolicited Communications.
You may not use the eComply Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that We may take any technical remedies to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within Our computer or communications networks. If You post or otherwise send spam, advertising, or other unsolicited communications of any kind through the eComply Services, You acknowledge that You will have caused substantial harm to eComply and that You will be fully liable to eComply and other parties to the full extent of the law.
In order to participate in certain eComply Services or access certain Content, You may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.
We may at any time and at Our sole discretion change, suspend, or discontinue – temporarily or permanently – some or all of the eComply Services (including the Content), with respect to any or all users, at any time without notice. You acknowledge that eComply may do so at eComply’s sole discretion. You also agree that eComply will not be liable to You for any modification, suspension, or discontinuance of the eComply Services.
Internet Access Charges.
You are responsible for any costs You incur to access the Internet.
If We can be of help to You, please do not hesitate to contact Customer Support at 512-269-0108.
4. COLLECTION AND USE OF PERSONAL INFORMATION
5. LINKED DESTINATIONS AND ADVERTISING
Third Party Destinations.
If We provide links or pointers to other websites or destinations, You should not infer or assume that eComply operates, controls, or is otherwise connected with these other websites or destinations. When You click on a link within the eComply Services, We will not warn You that You have left the eComply Services and are subject to the terms and conditions (including privacy policies) of another website or destination. In some cases, it may be less obvious than others that You have left the eComply Services and reached another website or destination.
eComply takes no responsibility for advertisements or any third party material Posted on any of the Properties, nor does it take any responsibility for the products or services provided by advertisers. Any dealings You have with advertisers found while using the eComply Services are between You and the advertiser, and You agree that eComply is not liable for any loss or claim that You have against an advertiser.
eComply, the eComply Logo, , and other eComply marks, graphics, logos, scripts, and sounds are trademarks of eComply and/or eComply LLC. None of the eComply trademarks may be copied, downloaded, or otherwise exploited without the prior written permission of eComply.
7. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, INDEMNITY, CLASS ACTION WAIVER
While We make reasonable efforts to provide the acceptable performance of the eComply Services, You agree that use of the eComply Services is at Your own risk. The eComply Services, including the eComply Site and other Properties, the Content, the Video Player, User Material, and any other materials contained on or provided through the Properties, are provided “As Is” and, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied. Without limiting any of the foregoing, eComply does not make any warranties of fitness for a particular purpose, title, merchantability, completeness, availability, security, compatibility, or noninfringement, or that the eComply Services will be uninterrupted, free of viruses, and other harmful components, accurate, error free, or reliable.
In no event shall eComply or its affiliates, successors, and assigns, and/or each of their respective investors, directors, officers, employees, agents, attorneys, suppliers, insurers, distributors and content licensors (collectively, the “eComply Parties”), be liable for any direct, indirect, punitive, incidental, special, consequential, or other damages, including loss of profits, arising out of or in any way related to the use, advertising or termination of Services (including any information, products, or Services advertised in, obtained on, or provide through the eComply Site or the Properties), whether under common law or statute, or whether based in contract, tort, strict liability, deceptive or unfair trade practices, misrepresentation, false advertising or other theory, even if the eComply Parties have been advised of the possibility of damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to You, some or all of the above disclaimers, exclusions, or limitations may not apply to You. IN NO EVENT SHAL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTUION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE EXCEED THE TOTAL AMOUNT PAID BY YOU TO US IN THE PRIOR TWELVE (12) MONTHS OR $50, WHICHEVER IS LESS.
You agree to defend, indemnify, and hold harmless the eComply Parties from and against any and all liabilities, claims, damages, expenses (including reasonable attorney’s fees and costs), and other losses arising out of or in any way related to Your breach of these Terms, user material posted by You or Your use of the eComply Services (including Your use of the Content).
8. GENERAL INFORMATION
You agree that using technologies to access the Content from territories where eComply does not have rights or does not offer Services is prohibited.
Software and the transmission of applicable
technical data, if any, in connection with the eComply
Services are subject to export controls. You agree to comply with all
applicable laws regarding software and the transmission of technical data
exported from the
Choice of Law and Forum.
These Terms are governed by, and construed
in accordance with, the laws of the State of
You may not rely on eComply’s precise response with respect to one party or situation as any indication of what eComply might do with respect to another party or another situation, even if the parties or situations appear to You to be similar. Similarly, if We fail to act in response to a violation of these Terms, You should not assume that We do not object to the violation or even that We are aware of it. In addition, You may not construe a waiver of any provision of these Terms with respect to any party as a waiver of that provision (or any other provision) with respect to either that party or any other party. Further, eComply’s decision to delay exercising or enforcing any right or remedy under these Terms shall not constitute a waiver of such right or remedy. Even if eComply acts in a way that appears to You to be inconsistent with the Terms, eComply’s action shall not be deemed a waiver or constructive amendment of these Terms.
Integration, Amendment, and Severability.