Terms of Service
Communication Consultants Group Request for Proposal Portal
Last Updated: 01-22-19
Welcome to Communications Consulting Group, Inc’s Request for Proposal Portal (“Portal”), a platform operated by CCG, LLC (“CCG,” “us,” and “we”) designed for representatives of telecommunication service providers (“Service Providers,” “user,” “your,” and “you”) to have better access and opportunities to bid on CCG client properties. Sign up is free and will give you access to view all open requests for bid across your service areas. Service Providers will be able to sort and submit bids through the Portal. Additionally, you will receive notifications before a bid closes. Your account is secure and your bids cannot be seen by any other providers
PLEASE BE AWARE THAT SECTION 21 OF THIS AGREEMENT, BELOW, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SITE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF FLORIDA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.
Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in this Agreement or will be presented to you for your acceptance when you sign up to use the supplemental Service. If the terms of this Agreement are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. All Supplemental Terms are hereby incorporated into the Agreement by reference.
PLEASE NOTE THAT This agreement is subject to change by CCG in its sole discretion at any time. When changes are made, CCG will make a new copy of this Agreement available at the Website and any new Supplemental Terms will be made available from within, or through, the affected Service on the Website. We will also update the “Last Updated” date at the top of this Agreement. If we make any material changes, and you have registered with us to create an Account (as defined in Section 5 below), we will also send an e-mail to you at the last e-mail address you provided to us pursuant to this Agreement. Any changes to this Agreement will be effective immediately for new users of the Website, the Application and/ or Services and will be effective thirty (30) days after posting notice of such changes on the Website for existing users, provided that any material changes shall be effective for users who have an Account with us upon the earlier of thirty (30) days after posting notice of such changes on the Website or thirty (30) days after dispatch of an e-mail notice of such changes to Registered Users (defined in Section 5 below). CCG may require you to provide consent to the updated Agreement in a specified manner before further use of the Website, the Application and/ or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website, the Application and/or the Services. Otherwise, your continued use of the Website, the Application and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.
- How the CCG Services Work. The Services may be used to submit bids for telecommunication services to available client properties. We make our Services available as an online portal for Service Providers to submit bids. CCG is not an owner or operator of properties requesting services. Service Providers must request to bid and CCG is under no obligation to approve any requests to submit a bid(s). All bids must be submitted in good faith, with intent to honor. CCG and/ or CCG clients is not obligated to accept any submitted bids at any time. CCG is under no obligation to present all submitted bids to clients; all final offers approved by CCG will be submitted to clients. Bids will be provided to clients in CCG’s sole discretion.
- Relationship with CCG. As a User on the CCG Properties, you acknowledge and agree that you and CCG are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and CCG expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and CCG; and (2) no joint venture, franchisor-franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind CCG, and you undertake not to hold yourself out as an employee, agent or authorized representative of CCG. CCG does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of any services as part of Appointments booked via the Services, and your acts or omissions thereof. You retain the sole right to determine when, where, and for how long you will utilize the CCG Properties. You acknowledge and agree that you have complete discretion to provide services or otherwise engage in other business or employment activities.
- Non-Circumvention. By using our Services, you agree to not contact any clients represented by CCG directly with respect to proposals for telecommunications services.
- Use of the Services and Company Properties. The Application, the Software, the
Website, the Services, and the information and content available on the Website and in the
Application and the Services (as these terms are defined herein) (collectively, the “CCG
Properties”) are protected by copyright laws throughout the world.
Subject to the terms of this Agreement, CCG grants you a limited license to reproduce portions
of CCG Properties for the sole purpose of using the Services for your personal or business
purposes. Unless otherwise specified by Company in a separate license, your right to use any
CCG Properties is subject to this Agreement.
- Software. Use of any software and associated documentation, that is made available via the Website or the Services (“Software”) is governed by the terms of this Agreement. Subject to your compliance with this Agreement, CCG grants you a non-assignable, non-transferable, non-sublicensable, revocable non-exclusive license to use the Software for the sole purpose of enabling you to use the Services in the manner permitted by this Agreement.
- Updates. CCG may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Services and related Services (“Updates”). These Updates may be automatically installed without providing any additional notice or receiving any additional consent. Under this Agreement, you consent to these automatic updates. If you do not want such Updates, your remedy is to terminate your Account (defined below). If you do not terminate your Account, you will receive Updates automatically. Your continued use of the CCG Properties is your agreement to this Agreement with respect to the CCG Properties.
- Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit CCG Properties or any portion of CCG Properties, including the Website; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other CCG Properties (including images, text, page layout or form) of CCG; (c) you shall not use any metatags or other “hidden text” using CCG’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of CCG Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including, but not limited to, spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website 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); (f) you will not access CCG Properties in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of CCG Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in CCG Properties. Any future release, update or other addition to CCG Properties shall be subject to this Agreement. CCG, its suppliers and service providers reserve all rights not granted in this Agreement. Any unauthorized use of CCG Properties terminates the licenses granted by CCG pursuant to this Agreement.
- Creating Your Account. In order to access certain features of Company Properties, including to provide a proposal, you are required to become a Registered User. For purposes of this Agreement, a “Registered User” is a user who has registered an account on the Website (“Account”). Users will be required to submit verifiable identification and proof of association with an eligible telecommunication services provider and all Users must be approved by CCG. CCG has not obligation to approve any User at any time.
- Registration Data. In registering an Account through the Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least eighteen (18) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using CCG Properties under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of Company Properties by minors. If you provide any information that is untrue, inaccurate, not current or incomplete, or CCG has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CCG has the right to suspend or terminate your Account and refuse any and all current or future use of CCG Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per platform at any given time. You agree not to create an Account or use CCG Properties if you have been previously removed by CCG, or if you have been previously banned from any of CCG Properties.
- Necessary Equipment and Software. You must provide all equipment and software necessary to connect to CCG Properties. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing CCG Properties. By providing your cellphone number and using the Services, you hereby affirmatively authorize us to use cellphone number for calls in order to deliver and perform the Services. We will not assess and charge for any calls or texts, but standard message charges or other charged from your wireless carrier may apply.
- Responsibility for Content
- Storage. Unless expressly agreed to by CCG in writing elsewhere, CCG has no obligation to store any of Your Content that you Make Available on CCG Properties. CCG has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of CCG Properties. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that CCG retains the right to create reasonable limits on Company’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described on the Website and as otherwise determined by CCG in its sole discretion.
- CCG Properties. Except with respect to Your Content, you agree that CCG and its suppliers own all rights, title and interest in CCG Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Services, or CCG Properties.
- Trademarks. “CCG” and other related graphics, logos, service marks and trade names used on or in connection with CCG Properties or in connection with the Services are the trademarks of CCG and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in CCG Properties are the property of their respective owners.
- Other Content. Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in CCG Properties. CCG prohibits and does not recognize any purported transfers of virtual property effectuated outside of the Services, or the purported sale, lease, gift or trade in the “real world” of anything that appears or originates in the Services.
- Your Content. CCG does not claim ownership of Your Content. However, when you as a user post Your Content on or in CCG Properties, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content. Subject to any applicable account settings that you select, you grant CCG a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, Your Content (in whole or in part) for the purposes of operating and providing CCG Properties to you and to our clients. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not CCG, are responsible for all of Your Content that you Make Available on or in CCG Properties.
- Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to CCG through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that CCG has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to CCG a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of CCG Properties.
- User Conduct
- General. In connection with your use of CCG
Properties, you shall not:
- Make Available any Content that (i) is unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically or otherwise objectionable; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening, or promotes violence or actions that are threatening to any other person; or (v) promotes illegal or harmful activities;
- Harm minors in any way;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Make Available any Content that you do not have a right to Make Available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
- Make Available any Content that infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights;
- Intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court;
- Stalk or otherwise harass any other user of our CCG Properties; or
- Advocate, encourage or assist any third party in doing any of the foregoing activities in this section.
- General. In connection with your use of CCG Properties, you shall not:
- CCG may, but is not obligated to, monitor or review CCG Properties and Content at any time. Without limiting the foregoing, CCG shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates this Agreement or any applicable law. Although CCG does not generally monitor user activity occurring in connection with CCG Properties or Content, if CCG becomes aware of any possible violations by you of any provision of this Agreement, CCG reserves the right to investigate such violations, and CCG may, at its sole discretion, immediately terminate your license to use CCG Properties, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
- Third-Party Websites, Applications & Ads. CCG Properties may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”) and advertisements for third parties (“Third-Party Ads”). When you click on a link to a Third-Party Website, Third-Party Application or Third-Party Ad, we will not warn you that you have left CCG Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Applications and Third-Party Ads are not under the control of CCG. CCG is not responsible for any Third-Party Websites, Third-Party Applications or Third-Party Ads. CCG provides these Third-Party Websites, Third-Party Applications and Third Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, Third-Party Applications or Third-Party Ads, or their products or services. You use all links in Third-Party Websites, Third-Party Applications and Third-Party Ads at your own risk. When you leave our Website, this Agreement, and our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
- You agree to indemnify and hold CCG, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “CCG Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, CCG Properties; (c) your violation of this Agreement; (d) your violation of any rights of another party, and (f) your violation of any applicable laws, rules or regulations. CCG reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with CCG in asserting any available defenses. This provision does not require you to indemnify any of the CCG Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, this Agreement, or your access to CCG Properties.
- Disclaimer of Warranties and Conditions
- As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF CCG PROPERTIES IS AT YOUR SOLE
RISK, AND CCG PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS, WITH ALL FAULTS. CCG EXPRESSLY DISCLAIMS ALL WARRANTIES,
REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES.
- CCG MAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) CCG PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF CCG PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF CCG PROPERTIES WILL BE ACCURATE OR RELIABLE.
- ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH CCG PROPERTIES, IS AT YOUR OWN RISK AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PERSON OR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS CCG PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
- THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. COMPANY MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CCG OR THROUGH CCG PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
- From time to time, CCG may offer new “beta” features or tools with which its users may experiment. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Company’s sole discretion. The provisions of this section apply with full force to such features or tools.
- As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF CCG PROPERTIES IS AT YOUR SOLE RISK, AND CCG PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. CCG EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES.
- Third Party Sites; Release
- Third Party Sites. The CCG Properties may contain links to other websites operated by third parties (“Third Party Sites”). Such Third Party Sites are not under our control. CCG provides these links and referrals only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third Party Sites. Your use of these Third Party Sites is at your own risk.
- Release. You hereby release CCG and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of CCG Properties, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of this Agreement or your use of CCG Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
- Limitation of Liability
- Disclaimer of Certain Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL CCG BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH CCG PROPERTIES, OR FOR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH CCG PROPERTIES, WHETHER OR NOT CCG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, RESULTING FROM: (1) THE USE OR INABILITY TO USE CCG PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH COMPANY PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON CCG PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO CCG PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.
- Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO THE FULLEST EXTENT ALLOWED BY LAW.
- Termination of Services. This Agreement will remain in full force and effect until your Account is terminated as provided herein. You may delete your Account at any time, for any reason by emailing [email protected]. CCG may terminate your Account if (a) you are in breach of the Agreement; (b) if CCG decides in its sole discretion to stop providing the applicable Services; or (c) for any or no reason, without giving you notice. You understand that any termination of this Agreement and your Account may involve deletion of your Account information from our live databases and all the information stored for such Account. CCG will not have any liability whatsoever to you for any termination of your Account or related deletion of your information.
- Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. All provisions of this Agreement which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
- International Users. CCG Properties can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that CCG intends to announce such Services or Content in your country. CCG Properties are controlled and offered by CCG from its facilities in the United States of America. CCG makes no representations that CCG Properties are appropriate or available for use in other locations. Those who access or use CCG Properties from other countries do so at their own volition and are responsible for compliance with local law.
- Dispute Resolution. Please read the following arbitration
agreement in this Section (“Arbitration Agreement”)
carefully. It requires you to arbitrate disputes with CCG
and limits the manner in which you can seek relief from us.
- Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Website, to any products sold or distributed through the Website, or to any aspect of your relationship with CCG, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or CCG may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.
IF YOU AGREE TO ARBITRATION WITH CCG, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST COMPANY ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST THE COMPANY IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THIS AGREEMENT, INCLUDING THIS ARBITRATION AGREEMENT.
- Arbitration Rules and Forum. The Federal
Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
To begin an arbitration proceeding, you must send a letter requesting arbitration and
describing your claim to Christopher Merrell, 1523 Point Way
North Palm Beach, FL 33408. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Company will pay them for you. In addition, CCG will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, CCG will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Authority of Arbitrator. The arbitrator, and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and CCG. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
- Waiver of Jury Trial. YOU AND CCG HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and CCG are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 21.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
- Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court as set forth in Section 22.6.
- 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: Communications Consultants Group, Inc., 319 Clematis Street, Suite 408, West Palm Beach, FL 33401, Attn: Customer Service, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your CCG username (if any), the email address you used to set up your CCG account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
- Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
- Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with CCG.
- Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if CCG makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice to CCG.
- General Provisions.
- Electronic Communications. The communications between you and CCG use electronic means, whether you visit CCG Properties or send CCG e-mails, or whether CCG posts notices on CCG Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from CCG in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that CCG provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
- Assignment. This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without CCG’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
- Force Majeure. CCG shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
- Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to CCG Properties, please contact us at: [email protected] We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
- Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and CCG agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in Palm Beach County, Florida.
- Governing Law. ThIS AGREEMENT and any action related thereto will be governed and interpreted by and under the laws of the State of FLORIDA, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this agreement.
- Choice of Language. It is the express wish of the parties that this Agreement and all related documents have been drawn up in English.
- Notice. Where CCG requires that you provide an e-mail address, you are responsible for providing CCG with your most current e-mail address. In the event that the last e-mail address you provided to CCG is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by this Agreement, CCG’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to CCG at the following address: Communications Consultants Group, Inc., 319 Clematis Street, Suite 408, West Palm Beach, FL 33401. Such notice shall be deemed given when received by CCG by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
- Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
- Severability. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
- Export Control. You may not use, export, import, or transfer CCG Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained CCG Properties, and any other applicable laws. In particular, but without limitation, CCG Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using CCG Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use CCG Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by CCG are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer CCG products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
- Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
- Entire Agreement. This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.