The terms and conditions herein apply to ComplyTraq, LLC (“ComplyTraq”), its parent and subsidiaries (together “Company”) and are in addition to and do not override the specific terms and conditions that apply to the products or services offered by Company and otherwise throughout the website located at www.Complytraq.com (the “Web Site”).
Links to Other Web Sites
For purposes of convenience, Company’s Web Site may contain links to third party web sites. Company makes no representations, warranties or endorsements about any third party web site that may be accessed through links on this Web Site. When accessing a non-Company web site, please understand that Company has no control over the content or information at that site. By providing a link to third party web sites, Company does not endorse, adopt or otherwise accept any responsibility for the content or use of those web sites. It is your responsibility to protect your system from such items as viruses, worms, Trojan horses and other items of a destructive nature.
You are granted a limited, non-exclusive right to create a hypertext link to Company’s Web Site, provided such link does not portray Company or its products and services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time in Company’s sole discretion. You may not use, frame or utilize framing techniques to enclose any Company trademark, logo or other proprietary information, including the images found at this Web Site, the content of any text or the layout/design of any page or form contained on a page without Company’s prior express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Company or any third party.
Ownership and Trademarks
The Web Site, the information, products and services therein, including all content, HTML, source, object or other code, pages, wording, documents, marks, names graphics, software and all other materials associated with or within the Web Site (collectively, the “Content”), and the compilation of the Content and the “look and feel” of the Web Site, information, products and services are the property of Company and its licensors and service providers, and protected by US and international copyright and intellectual property rights laws and treaties. No portion of the Content may be used or exploited by any third party for any purpose and in any form without the express prior written permission of Company and as applicable, its licensors and service providers.
The Company Web Site, names, logos, marks, information, products, services and service names are trademarks, service marks or registered trademarks of Company and Company’s property, (or Company’s vendor), which may not be used for any purpose without the express prior written permission of respective party. Other products, company names and marks mentioned on the Web Site are the property of the respective owners. No use of any Company or other vendor property may be made by any third party without prior express written consent of the respective owner. All rights not expressly granted are reserved.
© CorpTrace Solutions LLC, 2018. All Rights Reserved. No part of the Web Site may be reproduced, modified or distributed in any form or manner without Company’s prior express written consent.
Elements of the Web Site are protected by trade dress, trademark, unfair competition and other laws and may not be copied in whole or in part. No logo, graphic or image from the Web Site may be copied or retransmitted without Company’s prior express written consent.
Microsoft Windows, Internet Explorer and Front Page are either trademarks or registered trademarks of Microsoft in the United States and/or other countries and the Web Site is a registered Trademark of Company.
The software, source code and methodology of delivering the services and products available through the Web Site are copyrighted by Company and protected by the copyright laws of the United States. Any unauthorized reproduction, reverse engineering and or redistribution of the software is punishable by law.
Comments, suggestions or materials sent or transmitted to Company (collectively “Feedback”) shall be deemed to be non-confidential. Subject to the conditions described on the privacy page of this Web Site, Company shall have no obligation of any kind with respect to such Feedback and shall be free to use and distribute the Feedback to others without limitation, including, but not limited to developing and marketing products incorporating such Feedback.
Company reserves the right to modify this document, the Web Site, and any materials contained therein at any time, with or without notice. Any modifications will become effective immediately upon posting to this Web Site. You agree that it is your responsibility to visit the Web Site and review this document periodically to be aware of such modifications, as your continued access or use of this Web Site shall be deemed your conclusive acceptance of the modified document.
Company shall have the right to terminate, discontinue, suspend or alter the Web Site, the products or services at any time, in whole or in part, with or without notice, at Company’s sole discretion and you agree that Company shall have no liability for doing so. In addition, Company may, in its sole discretion, refuse or restrict its products or services to anyone at any time. Further, Company reserves the right to investigate, involve and cooperate with appropriate investigatory departments or authorities regarding any suspected or actual fraudulent or other illegal or unauthorized activities involving this Web Site, products or services and to disclose any information necessary for such purpose.
Disclaimer of Warranties
THIS WEB SITE, THE INFORMATION, PRODUCTS AND SERVICES OFFERED HEREIN ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, COMPANY MAKES NO WARRANTY OR GUARANTY THAT: (A) THE WEB SITE, INFORMATION, PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS: (B) THE WEB SITE, INFORMATION, PRODUCTS OR SERVICES WILL BE UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE, CORRECT, COMPREHENSIVE, ACCURATE, OR ERROR-FREE; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE, INFORMATION, PRODUCTS OR SERVICES WILL BE ACCURATE OR RELIABLE. THE WEB SITE, INFORMATION, PRODUCTS OR SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. COMPANY WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WEB SITE, INFORMATION, PRODUCTS OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE WEB SITE, PRODUCTS OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY OR DEATH, DAMAGES FOR LOSS OF PROFITS, USE, BUSINESS INTERRUPTION, GOODWILL, PROGRAMS, DATA OR OTHER INTANGIBLE LOSSES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) ANY COMMUNICATION LINE, COMPUTER, SYSTEM, INTERNET, SERVER, EQUIPMENT, SOFTWARE OR E-MAIL FAILURE, MALFUNCTION, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION; (B) THE USE OR THE INABILITY TO USE THE WEB SITE, OR ANY LINKED WEB SITE, OR ANY INFORMATION, PRODUCT AND/OR SERVICE OFFERED VIA THE WEB SITE; (C) ANY MATTER RELATING TO ANY PROMOTIONS THAT MAY BE AVAILABLE VIA THE WEB SITE; (D) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PROBLEM(S) WITH THE GOODS, DATA, INFORMATION AND/OR SERVICES OFFERED, PURCHASED OR OBTAINED FROM THE WEB SITE, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEB SITE; OR (E) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR SUBMITTED INFORMATION. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE COMPANY, AND ITS SUPPLIERS, FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREUNDER. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF COMPANY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO THE AMOUNTS YOU PAID, IF ANY, FOR ANY PRODUCTS AND/OR SERVICES. YOU HEREBY RELEASE COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. THE WEB SITE, INFORMATION, PRODUCTS AND SERVICES WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
Any attempt by any individual or entity, whether or not an employee, customer or vendor of Company, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Web Site, the information, products or services, is a violation of criminal and civil law and Company will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity. You agree not to use this Web Site to engage in any prohibited conduct or for any unlawful purpose. Broadly stated, this includes any conduct that is unlawful, untruthful, tortious or that is harmful to (or puts at risk) Company or any other party or property; that violates another party’s privacy or other rights; or that otherwise interferes with the operation, use or enjoyment of this Web Site or any information, product, service, system or other property of Company. Further, you agree to submit only true, valid and accurate information to Company, via this Web Site or otherwise (including through any registration, application or contract process). You also agree to correct promptly any errors in any information related to you. You may not use this Web Site to seek to discover or obtain information about, or to provide information about, any other person or entity unless you have the explicit legal right to do so.
No part of the Web Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Web Site, information, products, services, the Web Site Content, or any portion thereof. Systematic retrieval of Content or matter associated with the Web Site by automated means or any other form of scraping, harvesting or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without express prior written permission from Company is strictly prohibited. You may not use any device, software or routine to interfere or attempt to interfere with the proper functionality of the Web Site. You may not take any action that imposes an unreasonable or disproportionately large load on Company infrastructure.
Resolution of Claims and Disputes
We will try work in good faith to resolve any issue you have with this Web Site and the products and services available hereunder, if you timely bring the issue to our attention. However, we realize that there may be rare cases when we may not be able to resolve an issue to your complete satisfaction. In those instances, you agree that any dispute or claim arising out of or relating in any way to the Web Site and the products and services available hereunder, must be brought exclusively in the state or federal courts in New Jersey, Mercer County.
You agree that, even if a statute of limitations or other law provides for a longer time period, any action against Company, its officers, directors, managers, members, shareholders, employees, attorneys, agents, contractors, licensors, suppliers and any third party providers of information, products, or services relating to this Web Site or any information, products, or services available on or through this Web Site must be brought within twelve (12) months after the event that gave rise to the cause of action or it is forever barred.
This document, the Web Site, information, products and services of Company and your use thereof, shall be governed by and construed in accordance with the sole and exclusive law, jurisdiction and venue of the State of New Jersey (without regard to its conflict of law principles) and may not be assigned by you in whole or in part without the prior written consent of Company.
Notices by you to Company must be in writing and sent by US Mail or overnight delivery to ComplyTraq, LLC, 1640 Airport Road, Suite 115, Kennesaw, GA 30144, unless revised by Company in writing.
Performance by Company may be subject to interruption and delay due to causes beyond its reasonable control, such as acts of God, government, weather, fire, power or telecommunications failure, inability to obtain supplies, breakdown of equipment or interruption in utility company, landlord, financial institution or vendor services or communications, for which no liability shall be incurred.
Should any part of this document be held invalid or unenforceable, that portion shall be replaced by an enforceable provision consistent with applicable law that most closely matches the intent of the original provision and the remaining portions of this document shall continue in full force and effect. Section headings used herein are for convenience purposes only.
Company’s failure to enforce any provision herein shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Company shall have, in addition to any other relief at law or in equity, the right to injunctive relief to redress any breach of the terms herein.
The terms herein are intended for the benefit of, is binding upon and may be enforced solely by you and Company, their successors and permitted assigns. This document does not create, and you and Company expressly disclaim, any third-party beneficiary relationships.
Acknowledgement and Acceptance
BY VISITING THIS WEB SITE, YOU AGREE, ACKNOWLEDGE AND CONSENT THAT THE TERMS AND CONDITIONS ON ALL PAGES OF THIS DOCUMENT HAVE BEEN THOROUGHLY READ, UNDERSTOOD AND AGREED TO. YOU FURTHER AGREE, ACKNOWLEDGE AND CONSENT THAT YOU HAVE INDEPENDENTLY EVALUATED AND WEIGHED THE RISKS AND BENEFITS OF ACCESSING THIS WEB SITE AND THE PRODUCTS AND SERVICES HEREIN AND YOU HAVE AGREED TO ALL THE TERMS HEREIN WITHOUT RELIANCE ON ANY OUTSIDE REPRESENTATION, GUARANTEE OR STATEMENT.
It is acknowledged that this document may exist in multiple counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. You understand that you will need access to the Internet, as well as the appropriate software and/or programs, which may include, but may not be limited to, Adobe Acrobat, in order to access this document electronically. You also understand that you may update your information, obtain a full description of systems requirements, revoke your consent for future electronic deliveries, or request one or more paper documents at any time by contacting Company in writing.
Information subject to change without notice.