Terms of Use

Terms of Use

1. Agreement. Your use of CCE products, software, services and web sites (referred to collectively as the "Services" in this document) is subject to these Terms of Use and our Privacy Policy (collectively referred to as the "Terms"). This agreement is between you and Capital Compliance Experts, a division of Capital Retail Solutions, Inc. (hereinafter referred to as "CCE"). Our principal place of business is at 5704 Lonetree Blvd., Rocklin, California 95765 in the United States.
2. Acceptance. You accept these terms by (a) clicking to agree or accept the Terms, or by (b) logging into the product where it states that you are accepting these Terms. You may not use the Services or accept the Terms if (a) you are not of legal age to form a binding contract with CCE, or (b) you are a person barred from receiving the Services under any applicable laws or regulations.
3. Privacy. For information about the CCE privacy policy, as well as data protection practices, please read our Privacy Policy. You agree to the use of your data in accordance with that policy.
4. Proprietary Rights. You acknowledge and agree that CCE and/or its licensors own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services. You further acknowledge that the Services may contain information which is designated confidential by CCE and that you shall not disclose such information without CCE’s prior written consent.
5. License. CCE gives you a personal, worldwide, non-assignable and non-exclusive license to use the Services.

   You agree not to copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Services or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by CCE, in writing.

6. Copyright. The Services are protected by a combination of copyright, trade secret laws and patent protection. Portions of the Services contain information and data from third party providers, subject to their own copyright provisions.
7. Use of the Services. You acknowledge that each CCE account is designed, intended and licensed for use by a single named user only. You agree not to share access to your CCE account, login information or password with any other individuals or entities, except where expressly permitted by a separate agreement with CCE. You agree that you are solely responsible for the activities that occur under your user account.

   If you become aware of any unauthorized use of your password or of your account, you agree to notify CCE immediately at support@capitalcomplianceexperts.com.

   You agree to use the Services only for purposes that are permitted by (a) the Terms, and (b) any applicable laws or regulations.

   You agree not to access any of the Services by any means other than the interface provided by CCE, except where expressly permitted by a separate agreement with CCE. You specifically agree not to use automated means (including the use of scripts or web crawlers) to access the Services. You agree not to engage in any activity that interferes with or disrupts the Services, or the servers and networks connected to the Services.

   Unless specifically permitted in a separate agreement with CCE, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

8. Ending your Relationship with CCE. The Terms will continue to apply until terminated by either you or CCE as set out below.

   If you want to terminate your agreement with CCE, you may do so by written notification to CCE via electronic mail or via postal mail to the address which is set out at the beginning of these Terms. Termination is deemed effective when you receive an acknowledgement from a CCE employee that your message has been received.

   CCE may at any time, terminate its legal agreement with you if (a) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or (b) CCE is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or (c) the partner with whom CCE offered the Services to you has terminated its relationship with CCE or ceased to offer the Services to you; or (d) CCE is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or (e) the provision of the Services to you by CCE is, in CCE’s opinion, no longer commercially viable; or (f) you do not pay the amounts due for the license of the Services according to the terms stated in your invoice.

   When these Terms come to an end, all of the legal rights, obligations and liabilities that you and CCE have benefited from, been subject to (or which have accrued over time while the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, including the provisions of the "General Legal Terms" and "Conflict of Laws" sections below.

9. EXCLUSION OF WARRANTIES. NOTHING IN THESE TERMS, INCLUDING THE “EXCLUSION OF WARRANTIES” AND “LIMITATION OF LIABILITY” SECTIONS, SHALL EXCLUDE OR LIMIT CCE’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

   YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

   IN PARTICULAR, CCE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (a) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (b) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (d) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

   ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

   NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CCE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

   CCE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

10. LIMITATION OF LIABILITY. SUBJECT TO THE OVERALL PROVISIONS IN THESE TERMS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT CCE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
1. ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
2. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF YOUR OR CCE’S ACTIONS;
3. ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
4. ANY CHANGES WHICH CCE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
5. THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
6. YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
7. YOUR FAILURE TO PROVIDE CCE WITH ACCURATE ACCOUNT INFORMATION;
8. ALL OF THE LIMITATIONS ON CCE’S LIABILITY TO YOU SHALL APPLY WHETHER OR NOT CCE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
11. Changes to the Terms. CCE may make changes to the Terms from time to time. When these changes are made, CCE will make a new copy of the terms available on its site. You understand and agree that if you use the Services after the date on which the Terms have changed, CCE will treat your use as acceptance of the updated Terms.
12. General Legal Terms. The Terms constitute the whole legal agreement between you and CCE and govern your use of the Services (with the exception of any explicitly written and executed side agreements between you and CCE), and completely replace any prior agreements between you and CCE in relation to the Services.

    You agree that if CCE does not exercise or enforce any legal right or remedy which is contained in the Terms (or which CCE has the benefit of under any applicable law), this will not be taken to be a formal waiver of CCE’s rights and that those rights or remedies will still be available to CCE.

    If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

    The Terms, and your relationship with CCE under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and CCE agree to submit to the exclusive jurisdiction of the courts located within the County of Placer, State of California, United States of America to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that CCE shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.