We are proud to announce our merger with Pearson Safety Solutions! Please visit our new website www.pearsonsafety.com. Starting August 1st all visitors will be redirected to this page. Please contact our office if you have any questions.
Welcome to Compliance Management.com, the website and online service of Compliance Management, LLC. Compliance Management provides a place for employers to manage their employee and contractor training as well as the various forms required in the hiring process.
This Agreement applies to all visitors, users, and others who access the Service, whether on behalf of a company or on their own individual behalf, including but not limited to: (i) employers themselves; (ii) individuals purchasing services on behalf of their employers, (iii) individuals accessing the service for completion of training and (iv) individuals otherwise using any aspect of the Service (collectively, “Users”). Compliance Management has different roles with respect to different types of Users and “you” as used in this Agreement will apply to the appropriate type of User under the circumstances.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
1. Use of Our Service
This is a contract between you and Compliance Management, LLC (“Compliance Management,” “we,” “our,” or “us”). You must read and agree to these terms before using the Service, and if you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with Compliance Management, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations.
The products and services described on the Service are only available for persons in those jurisdictions in which they may legally be sold. Nothing on the Service shall be considered a solicitation to buy or an offer to sell anything to any person in any jurisdiction in which such offer, solicitation, purchase, or sale would be unlawful.
Any use of or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement. The Service is not designed for use by or in connection with anyone under the age of 18, and you accept all responsibility that may arise from your use of the Service in connection with anyone under the age of 18.
The Service is designed for use by employers and employees in the United States of America only.
B. License for Compliance Management Service
Subject to the terms and conditions of this Agreement, Compliance Management grants you a non-exclusive, limited, non-transferable, freely revocable license to use the Service solely as permitted by the features of the Service we provide to you on a User-by-User basis. We reserve all rights not expressly granted in the Service and the Compliance Management Content (as defined below). We may terminate this license and your access to the Service at any time for any reason or no reason.
C. Compliance Management Accounts
Your Compliance Management account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open a Compliance Management account on behalf of a company, organization, or other entity, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf.
You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Compliance Management immediately of any breach of security or unauthorized use of your account. Compliance Management will not be liable for any damages arising or resulting from any unauthorized use of your account.
By providing your email address you consent to using the email address to send you Service-related notices, including any notices required by law, instead of postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers.
You also consent to the electronic disclosure of any and all employee records that are managed on the Compliance Management platform, including but not limited to, information contained on Form I-9, Form W-4 and any other federal, state or local form. You are entitled to withdraw your consent to electronic disclosure at any time by contacting Compliance Management Support at firstname.lastname@example.org. However, you acknowledge that if you withdraw such consent: (a) we cannot guarantee that you will be able to obtain such information, whether in paper or electronic form; (b) you may be required to obtain paper copies of your employee records; (c) the service provider may impose additional fees for providing paper copies to the extent permitted by applicable law; and (d) we may terminate your use of the Service in whole or in part.
In order to access or use certain aspects of the Service, you must provide us with all relevant information, current employee list, training needs and any other content necessary for us to provide the Service to you. Collectively, the information described in this paragraph is “Account Information.”
You represent and warrant that the Account Information you provide us is accurate and complete, and that you are authorized to submit it to us without any obligations on Compliance Management, including but not limited to the payment of fees. We have no liability or other responsibility for inaccuracy or incompleteness, or your inability to use the Service due to such inaccuracy or incompleteness. You are responsible for the consequences of any instructions you provide us and that we follow.
In order to connect the Service with any third-party service, you designate Compliance Management as your agent and attorney-in-fact in connection with such services and further authorize us to: (i) store your Account Information; (ii) access the relevant service using the Account Information you provide us; (iii) use any signatures or other materials you provide us in order to provide you the Service; (iv) gather and export from such service any data or other information reasonably necessary for us to provide the Service to you; and (v) otherwise take any action in connection with such service as reasonably necessary for us to provide the Service to you. You agree that those third-party service providers are entitled to rely on the foregoing authorization, agency, and power of attorney granted by you. While the Service may be endorsed by the third-parties with whom your Account Information is held from time to time, you should not assume that we are working directly with the third-party or that the third-party has sponsored or endorsed the Service or Compliance Management’s interaction with the third-party’s services at your direction.
E. Service Rules
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots”, “spiders”, “offline readers”, etc., to access the Service in a manner that sends more request messages to the Compliance Managements’ servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Compliance Management grants the operators of public search engines revocable permission to use spiders to copy publically available materials from compliancemanagement.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that may impose an unreasonable or disproportionately large load on our infrastructure, as determined by Compliance Management; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) using the Service in order to obtain information about Compliance Management, the Service, or our customers for the purpose of competing with Compliance Management or otherwise replicating some or all of the Service for any reason; (xi) interfering with the proper working of the Service; (xii) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xiii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content.
Without prior notice, we may: change the Service; stop providing the Service or features of it, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any lawful reason, including if in our sole determination you violate any provision of this Agreement, or for no reason if lawfully permitted. Upon any such termination, you continue to be bound by this Agreement.
2. Our Proprietary Rights
Except for materials such as logos, trademarks, and service marks owned by our business partners or licensors, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “Compliance Management Content”), and all related Intellectual Property Rights, are the exclusive property of Compliance Management. Except as explicitly provided herein, nothing in this Agreement grants to you a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Compliance Management Content. Use of the Compliance Management Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to, or we may invite you to, submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Compliance Management under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. By acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by Compliance Managements’ employees, or obtained from sources other than you.
For Services offered on a payment or subscription basis, the following terms apply, unless Compliance Management notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:
a. Payments will be billed to you in U.S. dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.
b. You must pay with one of the following:
1. A valid credit card acceptable to Compliance Management;
2. A valid debit card acceptable to Compliance Management;
3. Sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or
4. By another payment option Compliance Management provides to you in writing.
c. If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
d. If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
e. Compliance Management will automatically renew your monthly, quarterly, or annual Services at the then-current rates, unless the Services are cancelled or terminated under this Agreement.
f. Additional cancellation or renewal terms may be provided to you on the website for the Services.
4. Use With Your Mobile Device
Use of these Services may be available through a compatible mobile device, Internet access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.
COMPLIANCE MANAGEMENT MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:
vii. THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;
viii. ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND
ix. ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
5. Individual Service Agreements
Certain features of the Service (“Individual Services”) may have their own terms and conditions that you agree to when you sign up for that particular product, function, or service (“Individual Service Agreement”). An Individual Service Agreement supplements this Agreement. The terms and conditions of this Agreement also apply to your use of an Individual Service. If any term of this Agreement expressly conflicts with any term of an Individual Service Agreement, the conflicting term in the Individual Service Agreement will control. All other terms and conditions in both this Agreement and the Individual Service Agreement will remain in full force and effect.
6. Recommended Providers
For certain services provided directly to you by third parties chosen by you, such as onsite training and OSHA audits from a Safety company, Compliance Management may highlight certain providers as “Recommended” by Compliance Management. While our Recommended Providers have committed to delivering an exceptional product and customer experience, dedicated account managers to provide more hands-on service to Compliance Management accounts, and/or a comprehensive selection of quality services that provide the best value at competitive prices, Compliance Management will not be liable for any damages arising or resulting from your use of any Recommended Provider. Compliance Management sometimes receives compensation from Recommended Providers. Compliance Management may remove or add Recommended Providers without notice to you.
7. Use of Vendors & Contractors
Compliance Management in its sole discretion may use vendors or contractors to help provide the Service to you, and we may change our use of vendors or contractors without notice to you.
8. Third-Party Services, Links, and Information
A. Third Parties
9. Privacy and Data Security
Compliance Management will use reasonable efforts to implement and maintain commercially reasonable administrative, physical, and technical safeguards designed to prevent unauthorized use, access, processing, destruction, loss, alteration, or disclosure of any Account Information, and other sensitive data or information you provide us. Such safeguards will include, without limitation and at a minimum, an information security program that meets the standards of industry practice to safeguard your Account Information and other sensitive data and information you provide us. Compliance Management will promptly notify you or your employer (as applicable) following discovery of a breach incident or the compromise of the security, confidentiality, or integrity of any of the data and information you provide us, including Account Information. Compliance Management will comply with all notification obligations, including as to the cost, timing, and content of providing notice to any affected individual, as may be required by relevant state and federal law.
10. Professional Advice
Compliance Management is not in the business of providing legal, accounting, tax or other professional services or advice and is not providing any professional advice to you. You should consult a competent professional when you need this type of advice or assistance. You will be solely responsible for: (i) compliance with any and all applicable laws, rules, and regulations affecting your business; and (ii) any use you may make of the Service to assist in complying with any such laws, rules, or regulations.
You agree to indemnify, hold harmless and defend Compliance Management and its subsidiaries, agents, licensors, managers, members and other affiliated companies, and their employees, contractors, agents, officers, directors, managers, members and shareholders from and against any and all claims, damages, obligations, losses, demands, actions, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation, any right of privacy, right provided by any labor or employment law, rule, or regulation, or any intellectual property right; (iv) your violation of any applicable law, rule or regulation; (v) any content or Account Information that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your negligence or willful misconduct; or (vii) any other party’s access and use of the Service (or access and use of any third-party service via the Service) with your unique username, password or other appropriate security code (or, with respect to third-party services, your Account Information).
Subject to all other provisions hereof, Compliance Management agrees to indemnify, hold harmless and defend you from and against any and all claims, damages, obligations, losses, demands, actions, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of a third-party claim: (i) that the Service or any portion thereof infringe(s) or otherwise violate(s) such third-party’s U.S. intellectual property rights; or (ii) arising directly from Compliance Managements’ gross negligence or willful misconduct (each a “Customer Claim”). In order to receive the benefit of the foregoing indemnity, you must give Compliance Management: (a) prompt written notice of a Customer Claim; (b) sole control to defend and settle any such Customer Claim; and (c) all reasonable cooperation, at Compliance Managements’ request and expense, in Compliance Managements’ defense and settlement of the Customer Claim.
If such a Customer Claim is asserted, or if Compliance Management believes in its sole discretion that such a Customer Claim is likely to be made, Compliance Management may, at its sole option and discretion: (x) procure a license from the third-party claiming or likely to claim the infringement; (y) modify the infringing component(s) to make them non-infringing; or (z) if (x) and (y) are not reasonably commercially available to Compliance Management, terminate your right to use the infringing component(s) effective immediately.
12. No Warranty
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPLIANCE MANAGEMENT OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, COMPLIANCE MANAGEMENT, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPLIANCE MANAGEMENT, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE. UNDER NO CIRCUMSTANCES WILL COMPLIANCE MANAGEMENT BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPLIANCE MANAGEMENT ASSUMES NO LIABILITY FOR AND IS NOT RESPONSIBLE FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE SERVICE; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN THE SERVICE OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; (VII) ACCOUNT INFORMATION OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; OR (VIII) INTEREST, FEES OR PENALTIES ASSERTED OR IMPOSED AS A RESULT OF YOUR ACTUAL OR ALLEGED FAILURE TO COMPLY WITH ANY APPLICABLE LOCAL, STATE, NATIONAL OR INTERNATIONAL LAWS, RULES OR REGULATIONS. COMPLIANCE MANAGEMENT, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AGGREGATE AMOUNT EXCEEDING THE AMOUNT YOU PAID TO COMPLIANCE MANAGEMENT HEREUNDER IN THE 12 MONTHS PRECEDING THE CLAIM THAT GAVE RISE TO THE LIABILITY.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPLIANCE MANAGEMENT HAS BEEN ADVISED OF OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Service is designed for the use of employers and employees located in the United States. We make no representations that the Service is appropriate or available for use in other locations, and you may not use the Service in locations outside the United States or for employees outside of the United States without the express prior written permission of Compliance Management, to be given by Compliance Management at its sole discretion and on a case-by-case basis. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
14. Governing Law, Arbitration, and Class Action/Jury Trial Waiver
A. Governing Law
You agree that: (i) the Service shall be deemed solely based in Alabama; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Alabama. This Agreement shall be governed by the internal substantive laws of the State of Alabama, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the United States District Court for the Northern District of Alabama (Northwestern Division) or in any court of the State of Alabama sitting in located in Colbert County, Alabama for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Colbert County, Alabama is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM COMPLIANCE MANAGEMENT. For any dispute with Compliance Management, you agree to first contact us at email@example.com and attempt in good faith to resolve promptly any dispute arising out of or relating to this Agreement or the breach or alleged breach thereof by negotiation. If negotiation is unsuccessful in resolving a dispute within 60 days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration in accordance with the rules of the American Arbitration Association before a panel of three arbitrators selected in accordance with those rules. The arbitration will be conducted in Colbert County, Alabama, unless you and Compliance Management agree otherwise. The arbitrators are to apply Alabama law, without regard to its choice of laws principles. Each party will be responsible for paying administrative and arbitrator fees, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. Nothing in this Section shall be deemed as preventing Compliance Management from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.
C. Class Action/Jury Trial Waiver
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COMPLIANCE MANAGEMENT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Compliance Management without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
B. Notification Procedures and Changes to the Agreement
C. Entire Agreement/Severability
This Agreement, together with any amendments and any additional agreements you may enter into with Compliance Management in connection with the Service, shall constitute the entire agreement between you and Compliance Management concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
D. No Waiver
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Compliance Managements’ failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Please contact Compliance Management at firstname.lastname@example.org with any questions regarding this Agreement.
This Agreement was last modified on February 25, 2016.