Terms of Service

LEGAL DISCLOSURES

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

This Terms of Use Agreement (the "Agreement") sets forth the terms and conditions for your use of this web site or any related websites (collectively the "Site"). The Site is owned and operated by ActiveComply, LLC ("ACTIVECOMPLY" or "We"). By using the Site, you agree to be bound by this Agreement. If you do not agree to be legally bound by this Agreement, you should exit this Site immediately.

We reserve the right to amend this Agreement at any time and will notify you of any such changes by posting the revised Agreement on the Site. You should check this Agreement periodically for changes, and all changes shall be effective upon posting. Your continued use of the Site after any changed to this Agreement constitutes your agreement to be bound by any such changes. ACTIVECOMPLY may terminate, suspend, change, or restrict access to all or any part of the Site without notice or liability.

RESTRICTIONS ON THE USE OF SITE CONTENT

The text, data, articles, photos, images and other information (collectively, the "Content") on the Site is owned by ACTIVECOMPLY or its Content providers and is protected by U.S. and International copyright laws and treaties. You acknowledge that the Content is and shall remain the property of ACTIVECOMPLY. You may not copy, modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. The use of the Content on any other web site, including by linking or framing, or in any networked computer environment for any purpose is prohibited without ACTIVECOMPLY's prior written approval.

TRADEMARKS

ACTIVECOMPLY (including the ACTIVECOMPLY logo), www.ActiveComply.com, and all related logos (collectively the "The ACTIVECOMPLY Trademarks") are trademarks or service marks of ACTIVECOMPLY. Other company, product, and service names and logos used and displayed on this Site may be trademarks or service marks owned by ACTIVECOMPLY or others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the ACTIVECOMPLY Trademarks displayed on this Site, without our prior written permission in each instance. We prohibit the use of any of the ACTIVECOMPLY Trademarks as part of a link to or from any site unless establishment of such a link is approved in advance by us in writing.

NO WARRANTY

NONE OF ACTIVECOMPLY, ANY OF ITS AFFILIATES, PROVIDERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AGENTS OR INDEPENDENT CONTRACTORS (COLLECTIVELY THE "ACTIVECOMPLY PARTIES") GUARANTEES THE ACCURACY, ADEQUACY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT AND ACTIVECOMPLY DISCLAIMS ANY LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT. THIS SITE AND ALL OF THE CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT. THE ACTIVECOMPLY PARTIES DO NOT WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS WEB SITE COULD INCLUDE TECHNICAL INACCURACY OR TYPOGRAPHICAL ERRORS.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL THE ACTIVECOMPLY PARTIES BE LIABLE FOR ANY DAMAGES INCLUDING GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL PUNITIVE OR ANY OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR BUSINESS INTERRUPTION) OF ANY KIND WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE ARISING OUT OF, OR RELATING IN ANY WAY TO YOUR USE, OR INABILITY TO USE, THE CONTENT, THE SITE OR ANY THIRD PARTY SITE TO WHICH THIS SITE IS LINKED. THE ACTIVECOMPLY PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THE SITE. IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT THE ACTIVECOMPLY PARTIES' TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

MONITORING OF THE SITE

ACTIVECOMPLY has no obligation to monitor the Site; however, you acknowledge and agree that ACTIVECOMPLY has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site, or to protect itself or other users of the Site.

SUBMISSIONS TO THE SITE

All remarks, discussions, ideas, graphics or other submissions communicated to ACTIVECOMPLY through this Site (each a "Submissions") will be deemed and remain the property of ACTIVECOMPLY, and ACTIVECOMPLY is entitled to use any Submission for any purpose, without restriction or compensation to the individual who has provided the Submission. Nothing herein contained shall be construed as limiting ACTIVECOMPLY's responsibilities and obligations under its Privacy Policy.

INDEMNIFICATION

You agree to indemnify and hold harmless the ACTIVECOMPLY Parties from and against any and all claims, losses, expenses, or demands or liabilities, including attorneys' fees and costs, incurred by the ACTIVECOMPLY. Parties in connection with any claim by a third party (including any intellectual property claim) arising out of (i) materials and content you submit, post to or transmit through the Site, or (ii) your use of the Site in violation of this Agreement or in violation of any applicable law. You further agree that you will cooperate as reasonably required in the defense of any such claims. The ACTIVECOMPLY Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of ACTIVECOMPLY. You further agree to indemnify and hold harmless the ACTIVECOMPLY Parties from any claim arising from a third party's use of information or materials of any kind that you post in a public area on the site.

SEVERABILITY

If any provision of these Terms of Use or the application of any such provision to any person or circumstance is held unlawful or invalid, the remainder of these Terms of Use and the application of such provision other than to the extent it is held unlawful or invalid, will not be held unlawful, invalidated or affected thereby, and shall remain in full force and effect provided that such remaining provisions are sufficient to carry out the commercial objectives of the parties.

THIRD PARTY DATA

Our services may use the YouTube API and, by accessing and using this website and our services, you also must accept the YouTube Terms of Service.

LINKS TO THIRD PARTY SITES

THE SITE MAY CONTAIN LINKS TO WEB SITES CONTROLLED, OWNED, AND OPERATED BY THIRD PARTIES (THE "THIRD PARTY SITES"). ACTIVECOMPLY CANNOT CONTROL AND HAS NO RESPONSIBILITY FOR THE ACCURACY OR AVAILABILITY OF INFORMATION PROVIDED ON THE THIRD PARTY SITES. YOU ACKNOWLEDGE THAT USE OF ANY THIRD PARTY SITES IS GOVERNED BY THE TERMS OF USE FOR THOSE WEBSITES, AND NOT BY THIS AGREEMENT. LINKS TO THIRD PARTY SITES DO NOT CONSTITUTE AN ENDORSEMENT BY ACTIVECOMPLY OF SUCH SITES OR THE CONTENT, PRODUCTS, ADVERTISING OR OTHER MATERIALS PRESENTED ON SUCH SITES, BUT ARE PROVIDED FOR YOUR CONVENIENCE AND YOU ACCESS THEM AT YOUR OWN RISK. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY THIRD PARTY WEB SITES, NOR DO WE MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE CONTENT (OR THE ACCURACY OF SUCH CONTENT) ON ANY THIRD PARTY WEB SITES, AND THE ACTIVECOMPLY PARTIES SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER FOR ANY FAILURE OF PRODUCTS OR SERVICES OFFERED OR ADVERTISED AT SUCH SITES OR OTHERWISE.

FOREIGN LANGUAGE DISCLAIMER

ACTIVECOMPLY makes no representation that the products and services described on the Site are available in all countries.

USE OF PERSONALLY IDENTIFIABLE INFORMATION

ACTIVECOMPLY's practices and policies with respect to the collection and use of personally identifiable information is governed according to the ACTIVECOMPLY Privacy Policy.

USER CONDUCT

You agree to use the Content and Site only for lawful purposes. You are prohibited from any use of the Content or Site that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation.

BOTNETS & SPAMMING

ACTIVECOMPLY retains the right, at our sole discretion, to terminate any Member accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, ACTIVECOMPLY reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion. Use of ActiveComply.com by you for spamming is strictly prohibited.

CHILDREN ONLINE PROTECTION ACT (COPPA) NOTIFICATION

***Special Note for Parents or Guardians of Children***

The Web site you are visiting was not designed for anyone under the age of 18. We are not responsible for any access or use of this Web site by children or minors under the age of 18. This Web site does not sell products designated for purchase by anyone under the age of 18 nor is it designed for their use or entertainment.

Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying providers of such protections are available to you online.

Please see our COPPA Information provided in our Privacy Statement for more information regarding use of this website and anyone under the age of 18.

ACTIVECOMPLY makes no claims concerning whether the Content may be downloaded or are appropriate for use outside of the United States. If you access this Site from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

TERMINATION

This Agreement is effective until terminated by ACTIVECOMPLY at any time without notice. ACTIVECOMPLY may suspend or terminate your access and use of the Site at any time, with or without cause, in ACTIVECOMPLY's absolute discretion and without notice. The following paragraphs of this Agreement shall survive termination of your use or access to the Site: paragraphs concerning indemnification, disclaimer of warranties, limitations of liability, applicable law and dispute resolution, and any other provision that by its terms survives termination of your use or access to the Site.

GENERAL PROVISIONS

Failure by ACTIVECOMPLY to enforce any provision(s) of this Agreement shall not be construed to be a waiver of such provision(s) or of ACTIVECOMPLY's rights thereafter to enforce such provisions(s) and each and every provision thereafter. THIS AGREEMENT AND ALL OTHER ASPECTS OF YOUR USE OF THE SITE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO ITS CONFLICT OF LAWS RULES. All claims and disputes arising out of this Agreement, and applicable federal law or your use of the Site, other than actions for specific performance or injunctive relief brought by ACTIVECOMPLY, shall be exclusively brought in the federal, state, or local courts located in Florida, and, with regard to such claims and disputes, you hereby irrevocably (i) submit to the exercise of personal jurisdiction over you by those courts and (ii) waive any jurisdictional, venue, or inconvenient forum objections to such courts (iii) irrevocably waive any and all right to trial by jury in any legal proceeding arising out of or relating to this agreement or the transactions contemplated hereby. Any cause of action you may have with respect to the Content, the Site or this Agreement must be commenced within one (1) year after the claim or cause of action arose, or be barred. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of this Agreement shall remain in full force and effect. This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. All rights not expressly granted herein are hereby reserved.

CUSTOMER INFORMATION SHARING CHOICES/OPT OUT

Federal law requires us to tell you how we collect, share, and protect personal information about our customers. While Federal law allows us to share information about you to run our business, to perform services and offer our products, Federal law also gives you the right to limit some, but not all, sharing of your personal information. Federal law allows you to opt out of our privacy policy or restrict us from sharing information as follows: (1) About your credit worthiness with our affiliates and (2) to all non-affiliates to offer you their products and services. State laws may give you additional rights regarding our information sharing. We share personal information about you as permitted by the law of the state in which you reside and in accordance with federal law. Please consult our Privacy Policy for more information.

You can limit us from sharing your information as permitted by law and as described in our Privacy Policy at any time by informing us of that you choose to Opt Out and by telling us how you do not want your information shared by either calling our corporate line or navigating to www.ActiveComply.com. You may notify us of your choices at any time.