The following “Terms of Service” govern your use of the www.clientconflictcheck.com web site (“Service”) made available by CC Check, LLC (“CC Check”):
CC Check, LLC is the sole owner of the information collected on clientconflictcheck.com (“Web site”).
1. Limited License & Use of the Service
(1) You are granted a non-exclusive, non-transferable, limited license to access and use the Service. You acknowledge, understand and agree that you will pay a yearly subscription fee, payable in advance, for use of the Service.
(2) CC Check does not review or pre-screen the contents of electronic data uploaded or posted to the Service (“Content”) by Authorized Users (as defined below), and CC Check claims no intellectual property rights with respect to the Content.
(3) You agree not to reproduce, duplicate, copy, sell, resell or exploit access to the Service, use of the Service, or any portion of the Service, including, but not limited to the HTML, coding, Cascading Style Sheets (“CSS”) or any visual design elements without the express written permission from CC Check.
(4) You agree not to modify, reverse engineer, adapt or otherwise tamper with the Service or modify another website so as to falsely imply that it is associated with the Service, CC Check, www.clientconflictcheck.com, or any other software or service provided by CC Check.
(5) You agree not to use the Service in any manner which may infringe copyright or intellectual property rights or in any manner which is unlawful, offensive, threatening, libelous, defamatory, pornographic, or obscene or in violation of these Terms of Service.
(6) You agree not to use the Service to upload, post, host, or transmit unsolicited bulk e-mail “Spam”, short message service “SMS” messages, viruses, self-replicating computer programs “Worms” or any code of a destructive or malicious nature.
(7) The Service is protected by United States and international copyright laws and treaties, as well as other laws and treaties. Except for the non-exclusive license granted pursuant to this Agreement, you acknowledge and agree that all ownership, license, intellectual property and other rights and interests in and to the Service shall remain solely with CC Check.
(8) Authorized Users who configure the Service to share or make available certain Content to the public or third parties, are deemed to acknowledge and agree that everyone will have access to the Content (“Public Content”). CC Check reserves the right, at any time, in its sole discretion, to take any action deemed necessary with respect to Public Content that violates these Terms of Service, including, but not limited to, removal of such Public Content.
(9) CC Check reserves the right, at any time, if your usage significantly exceeds the average usage of other Authorized Users (as determined solely by CC Check), to immediately disable your subscription or request you purchase a higher level of service.
(10) CC Check reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, any feature associated with the Service, with or without notice. Continued use of the Service following any modification constitutes your acceptance of the modification.
(11) CC Check reserves the right to temporarily suspend access to the Service for operational purposes, including, but not limited to, maintenance, repairs or installation of upgrades, and will endeavor to provide reasonable notice prior to any such suspension.
(12) CC Check stores all Content on redundant storage servers.
2. Access to the Service
(1) You are only permitted to access and use the Service if you are an Authorized User. “Authorized User” means an individual subscriber or the partners, attorneys, members, employees, temporary employees, and contractors of an organization or person with a subscription to the Service (“Subscriber”). Authorized Users are required to provide their full legal name, a valid email address, and any other information requested by the Service.
(2) Each Authorized Account will be provided with a unique identifier to access and use the Service (“Username”). The Username shall only be used by the Authorized Users to whom it is assigned, and shall not be shared with, or used by any other persons.
(3) Each Subscriber shall designate an Authorized User as administrator for the Subscriber’s subscription (“Administrator”). Each Subscriber may have multiple Authorized Users, and the Administrator will be solely responsible for sharing the Username and password with each Authorized User. The Administrator must change the account password if the Administrator wishes to terminate access to the Service for any particular user.
(4) Administrators are responsible for all use of the Service by Authorized Users they provide the Username and password of active Authorized Users associated with their subscription to the Service.
(5) All access to and use of the Service via mechanical, programmatic, robotic, scripted or any other automated means not provided as part of the Service is strictly prohibited.
(6) Authorized Users are not permitted to access and use the Service using an Application Program Interface (“API”).
(a) any use of the Service using an API, including use of an API through a third-party product that accesses and uses the Service, is prohibited.
(b) CC Check shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if CC Check has been advised of the possibility of such damages), resulting from any use of an API or third-party products that access and use the Service via an API;
(c) Any use of the Service using an API will result in temporary or permanent suspension of access to the Service via an API. CC Check, in its sole discretion, will determine if an API is used and will make a reasonable attempt to warn Authorized User prior to suspension; and
(d) CC Check reserves the right at any time to modify or discontinue, temporarily or permanently, access and use of the Service via an API, with or without notice.
(7) CC Check may offer trial or free subscriptions to the Service. CC Check reserves the right at any time to modify or discontinue, temporarily or permanently, such subscriptions, with or without notice.
3. Security of Passwords and Accuracy of Data
(1) Authorized Users and Subscribers shall be responsible for protecting the security of Usernames and passwords, or any other codes associated to the Service known to them, and for the accuracy and adequacy of personal information provided to the Service.
(2) Subscribers will implement policies and procedures to prevent unauthorized use of Usernames and passwords, and will promptly notify CC Check, upon suspicion that a Username has been lost, stolen, compromised, or misused.
(3) Authorized Users and Subscribers shall be solely responsible for the accuracy and completeness of the information and data they input into the Service. CC Check bears no responsibility for the accuracy of information and data provided to the Service by Authorized Users and Subscribers. Subscribers acknowledge, understand and agree that the Service operates properly on when the information and data provided to the Service is accurate, and the Service will not operate properly unless the information and data provided by Authorized Users and Subscribers is accurate.
4. Payment, Refunds and Subscription Changes
(1) Subscribers will provide CC Check with a valid credit or debit card for payment of the yearly subscription fees. All subscription fees are exclusive of all federal, state, provincial, municipal or other taxes that may apply. It is the Subscriber’s obligation to ensure that CC Check has a valid credit or debit card to charge Subscriber on a yearly basis. If Subscriber’s credit or debit card is expired or declined for any reason, Subscriber’s access and use of the Service will terminate immediately without notice. CC Check will not be responsible for providing any information and/or data to Subscriber in the event Subscriber’s access to the Service is terminated.
(2) Subscribers will be charged yearly starting on the day the subscription to the Service is initially created, which shall be the date in which these Terms of Service are acknowledged and each year thereafter. Subscriptions canceled prior to the 364th day each year will not be charged an additional yearly subscription fee. Subscribers will be charged on a yearly basis for use and access to the Service, with the charge occurring every 365 days. Each yearly charge is non-refundable.
(3) No refunds or credits will be issued for partial years of service, upgrade/downgrade refunds, or refunds for years unused with an active subscription.
(4) There are no charges for canceling a subscription, and paying subscriptions cancelled prior to the end of the current year will not be charged again for the following year.
(5) The amount charged on the next billing cycle will be updated to reflect any changes to the subscription, including upgrades or downgrades. Subscription changes, including downgrades, may result in loss of Content, features, or an increase or reduction in the amount of available capacity for Content provided by the Service.
(6) All prices are subject to change upon notice. Such notice may be provided by an e-mail message to the Subscriber or Administrator, or in the form of an announcement on the Service. Such notice shall have immediate effect.
5. Cancellation and Termination
(1) Subscribers are solely responsible for canceling their subscription if they wish to terminate access to the Service. Subscribers may cancel their subscription at any time by sending an email requesting cancellation of service to info@clientconflictcheck.com with the account username/email address and a phone number to verify the request and account details.
(2) CC Check in its sole discretion has the right to suspend or discontinue providing the Service to any Subscriber without notice for non-compliance with these Terms of Service, and pursue any other remedy legally available to it.
(3) Upon cancellation or termination of a subscription, all Content associated with such subscription may be immediately and irrevocably deleted from the Service.
6. Limited Warranty and Limitation of Liability
(1) The Service is provided on an “as is”, “as available” basis and CC Check expressly disclaims all warranties, including the warranties of merchantability and fitness for a particular purpose. Subscriber acknowledges that CC Check expressly disclaims all warranties and agrees that Subscriber has no expectation of any warranties.
(2) CC Check, its affiliates, and any officer, member, manager, director, employee, subcontractor, agent, successor, or assign of CC Check or its affiliates does not warrant that:
(a) the Service will meet any specific requirements;
(b) the Service will be uninterrupted, timely, secure, or error-free;
(c) the results that may be obtained from the use of the Service will be accurate or reliable;
(d) the quality of any products, services, information, or other material purchased or obtained through the Service will meet any expectations; and
(e) any errors in the Service will be corrected.
(3) CC Check, its affiliates, and any officer, member, manager, director, employee, subcontractor, agent, successor, or assign of CC Check or its affiliates, shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, discipline, disgorgement of fees, damages for loss of profits, goodwill, use, information, data or other intangible losses (even if CC Check has been advised of the possibility of such damages), resulting from:
(a) the use or the inability to use the Service;
(b) the cost of procurement of a substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service;
(c) any unauthorized access to or alteration of Authorized User transmissions or Content;
(d) any price change, suspension or discontinuance of the Service;
(e) any loss of Content, modification to a feature or to the Service itself;
(f) any loss of Content subsequent to a cancellation or termination of a subscription to the Service;
(g) statements or conduct of any third party on the Service; or
(h) any other matter relating to the Service.
7. Miscellaneous
(1) Technical support is only provided to Authorized Users with paying subscriptions, and is only available through email correspondence, subject to reasonable limitation at the sole discretion of CC Check.
(2) You acknowledge and agree that CC Check may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
(3) You acknowledge and agree that the technical processing and transmission of data associated with the Service, including Content, may be transmitted unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
(4) The failure of CC Check to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
(5) The Terms of Service constitutes the entire agreement between you and CC Check and govern your use of the Service, superseding any prior agreements between you and CC Check (including, but not limited to, any prior versions of the Terms of Service).
(6) You may not assign your rights or delegate your duties under this license to access the Service without the prior written consent of CC Check.
(7) These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, United States of America. Any action initiated by Subscriber or any Authorized User shall be filed in the State of California, County of San Diego, which shall be the exclusive venue for such any action filed in relation to these Terms of Service.