PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

By using the ComplianceBug, LLC website (the “Site”) or any ComplianceBug applications (“Applications”), you agree to follow and be bound by these terms of use (the “Terms of Use” or “Agreement”) and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. In these Terms of Use, the words “you” and “your” refer to each customer, Site visitor, or Application user, “we”, “us” and “our” refer to ComplianceBug, LLC and “Services” refers to all services provided by us.

It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site or any Applications. We may revise these Terms of Use at any time without notice to you. If you have any questions about these Terms of Use, please contact us via the methods described on our Contact Us page.

YOU AGREE THAT BY USING THE SITE, ANY APPLICATIONS, AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.

ComplianceBug.com provides an online portal to give visitors a general understanding of various laws and to provide an automated software solution to customers to determine their level of compliance with the law. Customers need not download or even license ComplianceBug software. ComplianceBug hosts its software as a backend service for customers to assess their compliance. The Site includes general information on commonly encountered compliance issues. The ComplianceBug Services include a review of your answers to rate your risk based on ComplianceBug’s proprietary systems. At no time do we review your answers for legal sufficiency, draw legal conclusions, provide legal or tax advice, opinions or recommendations about your legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the facts of your particular situation. ComplianceBug is not a tax or law firm and may not perform services performed by an attorney or CPA. ComplianceBug and its Services are not substitutes for the advice of an attorney or CPA.

ComplianceBug strives to keep its data accurate, relevant and up-to-date. However, because the law changes rapidly, ComplianceBug cannot guarantee that all of the information on the Site or Applications is completely current. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The law is a personal matter, and no general information or legal tool like the kind ComplianceBug provides can fit every circumstance. Furthermore, the information contained on the Site and Applications is not legal or tax advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need legal or tax advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney or CPA in your area.

From time to time, ComplianceBug may grant certain services and introduce our visitors to attorneys through various methods, including but not limited to (i) legal plans, (ii) third party attorney directory listings, and (iii) third party limited scope agreements. At no time is an attorney-client relationship fostered or created with ComplianceBug through the performance of any such services.

This Site and Applications are not intended to create any attorney-client relationship, and your use of ComplianceBug does not and will not create an attorney-client relationship between you and ComplianceBug. Instead, you are and will be representing yourself in any legal matter you undertake through ComplianceBug’s service.

1. Privacy Policy. ComplianceBug respects your privacy and permits you to control the treatment of your personal information. A complete statement of ComplianceBug’s current Privacy Policy can be found here. ComplianceBug’s Privacy Policy is expressly incorporated into this Agreement by reference.

In connection with the use of certain ComplianceBug products or services, you may be asked to provide personal information in a questionnaire, application, form or similar document or service. This information will be protected pursuant to our Privacy Policy. In addition, you grant ComplianceBug a worldwide, royalty-free, nonexclusive, and fully sublicensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enabling your use of the applicable service. You may revoke this license and terminate rights held by ComplianceBug at any time by removing your personal information from the applicable service.

2. Ownership. This Site and Applications are owned and operated by ComplianceBug, LLC.   All right, title and interest in and to the materials provided on this Site and Applications, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned either by ComplianceBug or by our respective third party authors, developers or vendors (“Third Party Providers”). Except as otherwise expressly provided by ComplianceBug, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site or on any Applications shall be construed to confer any license under any of ComplianceBug’s intellectual property rights, whether by estoppel, implication or otherwise. See the “Legal Contact Information” below if you have any questions about obtaining such licenses. ComplianceBug does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by ComplianceBug. Any rights not expressly granted herein are reserved by ComplianceBug.

3. Limited Permission to Download. ComplianceBug hereby grants you permission to download, view, copy and print the Materials for a solely for your personal, informational, non-commercial use provided that (i) where provided, the copyright and trademark notices appearing on any Materials not be altered or removed, (ii) the Materials are not used on any other website or in a networked computer environment and (iii) the Materials are not modified in any way, except for authorized editing for personal use. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Use. On any such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site or Applications may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.

4. Links to Third Party Sites. This Site and Applications may contain links to websites controlled by parties other than ComplianceBug (each a “Third Party Site”). ComplianceBug works with a number of partners and affiliates whose sites are linked with ComplianceBug. ComplianceBug may also provide links to other citations or resources with whom it is not affiliated. ComplianceBug is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. ComplianceBug makes no guarantees about the content or quality of the products or services provided by such sites. ComplianceBug is not responsible for webcasting or any other form of transmission received from any Third Party Site. ComplianceBug is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ComplianceBug of the Third Party Site, nor does it imply that ComplianceBug sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that ComplianceBug is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.

5. Use of ComplianceBug Solutions including Risk Assessments, Reminders and Documentation. On our Site, through our Applications, and/or through certain partners, we offer self-guided “risk assessments”, “reminders” and provide other “documentation”. If you register, buy or use a product from our Site or Application, the terms and conditions of these Terms of Use control. You understand that your purchase, download, and/or use of any content, an assessment, solution or reminder is neither tax or legal advice nor the practice of law, and that each form and any applicable instructions or guidance is not customized to your particular needs.

Account Information: Identity and Password

When you open an account to use or access certain portions of the Site, Applications, or the Services, you agree that any information you provide (“Account Information”) must be true, current, accurate and complete information as requested on the registration form.  You agree not to provide Account Information that is false, inaccurate, misleading, or fraudulent.

You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use a third party’s account, user name or password at any time. You agree to notify ComplianceBug immediately of any unauthorized use of your account, user name or password. ComplianceBug shall not be liable for any losses you incur as a result of someone else’s use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by ComplianceBug, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your account or password.

License to Use.

ComplianceBug grants you a limited, personal, non-exclusive, non-transferable license to use our risk assessments (the “Assessments”) for your own personal, internal business use, or if you are a ComplianceBug Partner, for your client. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Forms in any manner. You shall not remove any copyright notice from any Form.

Resale of Content Prohibited.

By ordering or using any of our “Applications”, you agree that the content provided may only be used by you for your personal or business use or used by you in connection with your client and may not be sold or redistributed without the express written consent of ComplianceBug, LLC.

Unauthorized Use.

You agree not to impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false e-mail or other headers, or otherwise conceal your identity from ComplianceBug for any purpose.

ComplianceBug reserves the right to disclose the identity of anyone posting or transmitting any information or materials violating the above prohibitions to law enforcement authorities or pursuant to any court order requesting or directing ComplianceBug to disclose such information.

6. DISPUTE RESOLUTION BY BINDING ARBITRATION

Please read this carefully. It affects your rights.

Summary:

Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our main business line at (866) 302-6759. In the unlikely event that the ComplianceBug is unable to resolve your complaint to your satisfaction (or if ComplianceBug has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted.

Arbitration Agreement: 

(a) ComplianceBug and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:

• claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;
• claims that arose before these or any prior Terms (including, but not limited to, claims relating to advertising);
• claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
• claims that may arise after the termination of these Terms.

For the purposes of this Arbitration Agreement, references to “ComplianceBug,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us.

Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and ComplianceBug are each waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms.

(b) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute (“Notice”) to the other party. A Notice to ComplianceBug should be addressed to: Notice of Dispute, General Counsel, ComplianceBug, LLC, PO Box 857, Worcester, PA  19490-0857 (the “Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”). If ComplianceBug and you do not reach an agreement to resolve the claim within 90 days after the Notice is received, you or ComplianceBug may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by ComplianceBug or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or ComplianceBug is entitled.

You may download or copy a form to initiate arbitration from the AAA website at http://www.adr.org/si.asp?id=3477. (There is a separate form for California residents, also available on the AAA’s website at http://www.adr.org/si.asp?id=3485.)

(c) The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) of the American Arbitration Association (the “AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879.  The arbitrator is bound by these Terms. Unless ComplianceBug and you agree otherwise, any arbitration hearings will take place in the county (or parish) of ComplianceBug’s choice. ComplianceBug may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a hearing. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. The parties agree that any awards or findings of fact or conclusions of law made in an arbitration of their dispute or claim are made only for the purposes of that arbitration, and may not be used by any other person or entity in any later arbitration of any dispute or claim involving ComplianceBug. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which ComplianceBug was a party. Except as otherwise provided for herein, all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above shall be governed by the AAA Rules. Where applicable, you agree to reimburse ComplianceBug for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules. An award may be entered against a party who fails to appear at a duly noticed hearing.

(d) If ComplianceBug did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive an alternative minimum payment and the attorney’s fees, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney’s fees at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

(e) The right to attorney’s fees and expenses discussed in paragraph (d) supplements any right to attorney’s fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorney’s fees or costs. Although under some laws ComplianceBug may have a right to an award of attorney’s fees and expenses if it prevails in an arbitration, ComplianceBug will not seek such an award.

(f) The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND COMPLIANCEBUG AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. The arbitrator shall not have the power to commit errors of law or legal reasoning, and the parties agree that any injunctive award may be vacated or corrected on appeal by either party to a court of competent jurisdiction for any such error. Each party will bear its own costs and fees on any such appeal. The arbitrator shall not award relief in excess of what these Terms provide or award punitive damages or any other damages not measured by actual damages. Further, unless both you and ComplianceBug agree otherwise, 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. If this specific proviso is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

(g) All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential, other than as part of an appeal to a court of competent jurisdiction.

(h) The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement including, but not limited to, any claim that all or any part of this Agreement is void or voidable. If this specific proviso is found to be unenforceable, it is severable from the rest of the arbitration agreement.

7. Additional Terms. Some ComplianceBug Services may be subject to additional posted guidelines, rules or terms of service (“Additional Terms“) and your use of such Services will be conditioned on your agreement to the Additional Terms. If there is any conflict between these Terms of Use and the Additional Terms, the Additional Terms will control for that Service, unless the Additional Terms expressly state that these Terms of Use will control.

8. Reviews, Comments, Communications, and Other Content. At various locations on the Site or through Applications, ComplianceBug may permit visitors to post ratings, reviews, comments, and other content (the “User Content”). Contributions to, access to and use of the User Content is subject to this paragraph and the other terms and conditions of these Terms of Use.

Rights and Responsibilities of ComplianceBug.

ComplianceBug is not the publisher or author of the User Content.  ComplianceBug takes no responsibility and assumes no liability for any content posted by you or any third party.

Although we cannot make an absolute guarantee of system security, ComplianceBug takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us at questions@compliancebug.com for help.

If ComplianceBug’s technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, ComplianceBug reserves the right to delete those files or to stop those processes. If the ComplianceBug technical staff suspects a user name is being used by someone who is not authorized by the proper user, ComplianceBug may temporarily disable that user’s access in order to preserve system security. In all such cases, ComplianceBug will contact the member as soon as feasible.

ComplianceBug has the right (but not the obligation), in our sole and absolute discretion, to edit, redact, remove, re-categorize to a more appropriate location or otherwise change any User Content.

ComplianceBug reserves the right to refuse service to anyone and to cancel user access at any time.

Rights and Responsibilities of ComplianceBug Users or Other Posters of User Content.

You are legally and ethically responsible for any User Content – writings, files, pictures or any other work – that you post or transmit using any ComplianceBug service that allows interaction or dissemination of information. In posting User Content, you agree that you will not submit any content:

• that is known by you to be false, inaccurate or misleading;
• that infringes anyone’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. Please see Compliance with Intellectual Property Laws below;
• that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising). Please see Compliance with Export Restrictions below;
• that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing, or advocates or encourages illegal conduct harmful to any individual, partnership or corporation. Please see Inappropriate Content below;
• that includes advertisements, spam, or content for which you were compensated or granted any consideration by any third party;
• that includes information that references other websites, addresses, email addresses, phone numbers, or other contact information;
• that contains any computer virus, worms, or other potentially damaging computer programs or files;
• that otherwise violates these Terms of Use.

Under United States federal law, you retain copyright on all works you create and post as User Content, unless you choose specifically to renounce it. In posting a work as User Content, you authorize other members who have access to that service to make personal and customary use of the work, including creating links or reposting, but not otherwise to reproduce or disseminate it unless you give permission for such dissemination.

You grant ComplianceBug a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell, distribute, and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you. You have the right to remove any of your works from User Content at any time.

Ratings and reviews will generally be posted in three to five business days.

By submitting your email address in connection with your rating and review, you agree that ComplianceBug may use your email address to contact you about the status of your review and other administrative purposes.

9. NO WARRANTY. THE SITE, APPLICATIONS, AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPLIANCEBUG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

COMPLIANCEBUG MAKES NO WARRANTY THAT: (A) THE SITE, APPLICATIONS, OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, APPLICATIONS, OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, APPLICATIONS, OR ANY MATERIALS OFFERED THROUGH THE SITE OR APPLICATIONS, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, APPLICATIONS, OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.

OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE OR APPLICATIONS IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. COMPLIANCEBUG SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

10. LIMITATION OF LIABILITY AND INDEMNIFICATION. YOU WILL HOLD COMPLIANCEBUG AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY ME OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPLIANCEBUG HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF THERE IS LIABILITY FOUND ON THE PART OF COMPLIANCEBUG, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, EXCEPT AS ALLOWED PURSUANT TO THE COMPLIANCEBUG ARBITRATION AGREEMENT, CONTAINED IN PARAGRAPH 6 OF THESE TERMS OF USE, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO ME.

11. Unsolicited Submissions. Except as may be required in connection with your use of ComplianceBug Services, ComplianceBug does not want you to submit confidential or proprietary information to us through this Site or any Applications. All comments, feedback, information or material submitted to ComplianceBug through or in association with this Site shall be considered non-confidential and ComplianceBug’s property. By providing such submissions to ComplianceBug you hereby assign to ComplianceBug, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. ComplianceBug shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.

12. Compliance with Intellectual Property Laws. When accessing ComplianceBug or using the ComplianceBug Service, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your ComplianceBug user account.

ComplianceBug has adopted a policy that provides for the immediate removal of any content, article or materials that have infringed on the rights of ComplianceBug or of a third party or that violate intellectual property rights generally. ComplianceBug’s policy is to remove such infringing content or materials and investigate such allegations immediately.

Copyright Infringement:

A.     Notice. ComplianceBug has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. The Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed the rights of the Company or of a third party, or otherwise violated any intellectual laws or regulations. The Company’s policy is to act expeditiously upon receipt of proper notification of claimed copyright infringement to remove or disable access to the allegedly infringing content. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want the Company to delete, edit, or disable the material in question, you must provide the Company with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and, if available, email address; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The above written information must be sent to our registered Copyright Agent:

Copyright Agent
c/o ComplianceBug, LLC
PO Box 18
West Point, PA  19486-0018

questions@ComplianceBug.com

 

B.    Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a written counter-notice containing the following information to the Copyright Agent: (1) Your physical or electronic signature; (2) Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (3) A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and (4) Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Philadelphia, Pennsylvania, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, the Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Company’s sole discretion.

13. Inappropriate Content. When accessing the Site, any Applications, or using ComplianceBug’s Services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (i) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. ComplianceBug reserves the right to terminate or delete such material from its servers. ComplianceBug will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

14. Compliance with Export Restrictions. You may not access, download, use or export the Site, Applications, or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.

15. Personal Use. The site is made available for your personal use on your own behalf.

16. Children. Minors are not eligible to use the Site or Applications and we ask that they do not submit any personal information to us.

17. Governing Law; Venue. By using this Site or any Applications, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of Pennsylvania, excluding its choice of law rules. Any legal action or proceeding relating to your access to or use of the Site, an Application, or Materials is governed by the Arbitration Agreement contained in paragraph 6 of these Terms of Use. These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site or an Application.

18. Copyrights. All Site design, text, graphics, the selection and arrangement thereof, Copyright ©, ComplianceBug, LLC.   ALL RIGHTS RESERVED.

19. Trademarks. ComplianceBug, ComplianceBug.com, the ComplianceBug “checkmark” and “leaping cricket” logo, all images and text, and all page headers and footers, custom graphics and button icons are service marks, trademarks and/or trade dress of ComplianceBug. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

20. Termination. Either you or ComplianceBug may terminate this Agreement at any time. You may terminate this Agreement by destroying all materials obtained from this website.

You agree that ComplianceBug may terminate, restrict, or suspend part or all of your license to access the Site and your Account, or delete any content transmitted to or through the Site and to your Account, at any time, at its sole discretion, without prior notice to you and without any liability to you.

ComplianceBug also reserves the right to take any action relating to user-submitted information that it deems necessary or appropriate if such information, as determined in ComplianceBug’s sole discretion, may create liability for ComplianceBug, its agents or its contractors, or may affect ComplianceBug’s business relationships or contracts with its agents or its contractors.

You agree ComplianceBug has the right, but is not obligated, to monitor your use of the Site and Account and any communications made by you related to such use in any manner; and you release ComplianceBug from any liability related to its monitoring activities.

If ComplianceBug denies you access to the Site or your Account, you agree to destroy all materials obtained from the Site and all copies of those materials with the exception of your Account Information. You acknowledge that, upon termination, ComplianceBug may immediately deactivate or delete your Account and all related information and files in the account and bar you from further access to the files, the Site, the Services, and your Account.

21. Payments and Refunds.  ComplianceBug makes available digital content and/or subscription services for sale on our Website. To purchase said digital content you must agree to the terms and conditions contained in this Agreement, any related software license agreement and provide a credit card or other payment method made available by our payment services provider. Payment is due in U.S. dollars. ComplianceBug uses a third party service to accept payments and does not retain any credit card or other payment information in our databases. Payment is due immediately upon order placement. You are responsible for any taxes due and will pay ComplianceBug for digital content without any reduction for such amounts. All fees are nonrefundable once services have begun.

22. Inquiries. BY USING COMPLIANCEBUG’S SERVICES OR ACCESSING THE COMPLIANCEBUG SITE OR APPLICATIONS, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER OR EMAIL ADDRESS TO COMPLIANCEBUG VIA THE COMPLIANCEBUG SITE OR APPLICATIONS CONSTITUTES AN INQUIRY TO COMPLIANCEBUG, AND THAT COMPLIANCEBUG MAY CONTACT YOU AT THE NUMBER OR ADDRESS SUBMITTED EVEN IF SUCH NUMBER OR ADDRESS APPEARS ON ANY STATE OR FEDERAL DO NOT CALL OR CONTACT LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).

23. Acknowledgement. BY USING COMPLIANCEBUG’S SERVICES OR ACCESSING THE COMPLIANCEBUG SITE OR APPLICATIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

 

Updated May 19, 2017