Last Updated: [1/9/2024]
These Terms of Use together with the Privacy Policy, and any supplemental terms, conditions, or rules posted to a specific area of this site (collectively, “Terms”) set forth the legally binding terms governing your use of all websites Contact Center Compliance Corporation (“CCC,” “we,” “us,” or “our”) owns, operates, and maintains as well as your use of the services we provide and other transactions or engagements you might have with us (collectively, the “Sites”).
Notwithstanding the foregoing, if you are a client or customer and enter into a separate agreement with us for specific services (“Service Order”), such Service Order, which incorporates the CCC Master Services Agreement (“CCC MSA”), will govern your relationship with us as to the subject matter thereof.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITES.
By accessing or using the Sites, you acknowledge and agree to all terms, conditions, and rules stated in these Terms. You are not permitted to use the Sites if you do not agree to be legally bound by these Terms.
MODIFICATIONS TO THESE TERMS
We may, in our sole discretion, modify the Terms from time to time without notice or obligation. By continuing to use the Sites, you acknowledge and agree that you will be bound by the updated Terms. We suggest periodically visiting this page of the Sites to review these Terms.
INTENDED AUDIENCE
The Sites and all the information, images, text, illustrations, formats, logos, designs, icons, photographs, programs, music clips, video clips and written and other materials on or part of the Sites (“Content”) is intended for lawful use only by users who are 18 years of age or older. If you are not a member of the intended audience, you are prohibited from accessing the Sites. By accessing or using the Sites, you represent and warrant that you are 18 years of age or older and that you are the person you claim to be in your interactions with us and the Sites.
RIGHT TO USE THE SITES
CCC authorizes you to use the Sites and access the Content pursuant to these Terms for the purpose of browsing the Sites or ordering services. This limited and revocable authorization does not grant you any licenses, implied rights, or intellectual property rights. You agree that your use of the Sites and Content is at your sole risk and that you assume all responsibility for any reliance on the Content. While CCC strives to ensure accurate Content, we do not guarantee the accuracy or reliability of any Content on the Sites.
USER GUIDELINES
You agree that you will use the Sites in compliance with all applicable laws and regulations. You agree that you will not use the Sites to (i) defraud, harm, or impersonate another person; (ii) transmit communications that defame, abuse, harass, stalk, threaten, or otherwise violate the rights of any other person; (iii) transmit material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, pornographic, or discriminatory; (iv) commit fraud, engage in criminal activity, or interfere with the use of the Sites by others; or (v) reproduce, decompile, reverse engineer, or otherwise engage in any activity with the intent or effect of recreating or transferring to yourself or any third-party all or a portion of the Sites. We reserve the right, but are under no obligation, to review your use of the Sites for compliance with these user guidelines.
TERMINATION
We may suspend or terminate your use of the Sites, in our sole discretion, at any time for any reason and without notice to you.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITES
We will maintain certain information that you transmit as part of the Sites for purposes of managing the Sites and providing the Sites to you. All information we collect on the Sites is subject to our Privacy Policy. By using the Sites, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy .
OWNERSHIP
The Sites and Content are owned, controlled or licensed by CCC and are protected by U.S. and international trademark and copyright laws. The absence of our name or logo does not constitute a waiver of our trademark or other intellectual property rights relating to such name or logo. All other product names, company names, marks, logos, and symbols appearing on the Sites may be the trademarks and the property of their respective owners. Software used as part of the Sites is our property or our suppliers’ property and is protected by U.S. and international copyright laws. No license, right, title, or interest in the Sites and Content is transferred to you as a result of your use of the Sites. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content, the Sites, or any related software.
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
If you believe that any material on the Sites infringes your copyright rights, please contact our designated agent for Digital Millennium Copyright Act notices at:
Contact Center Compliance
Attn: Copyright Manager
350 E Street, Santa Rosa, California, 95404
Email address: legal@dnc.com
In your notice, please include:
• Your physical or electronic signature;
• Identification of the copyrighted work you claim to have been infringed, or, if there are multiple copyrighted works, a list of such works;
• Identification of the material that you claim to be infringing, and where the material is located on the Sites;
• Your address, telephone number, and email address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you or the law; and
• A statement, under penalty of perjury, that the information in your notice is accurate.
If the notice is submitted by someone else on your behalf, the notice must also contain a statement that, under penalty of perjury, the person submitting the notice is authorized to act on your behalf.
FEEDBACK
We always welcome and appreciate your feedback and suggestions. You understand that we cannot necessarily respond to or implement feedback or suggestions. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information provided by you to us are yours personally and not owned by a commercial entity. You grant us a worldwide, unrestricted, irrevocable, royalty-free license to distribute, publish, modify, edit, or otherwise use your submissions for any purpose, commercial or otherwise, without any acknowledgement of or compensation to you.
THIRD PARTY LINKS
The Sites may contain links to or be accessed through links that are owned and operated by independent third parties to which these Terms do not apply. We provide links as a convenience and the inclusion of the link does not imply that we endorse or accept any responsibility for the content on those sites. We are not responsible for content including but not limited to advertising claims, special offers, illustrations, names or endorsements on any other sites to which the Sites may be linked to or from which the Sites may be accessed. Further, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. Your linking to any other off-site pages or other sites is at your own risk. We recommend that you review any terms of use statement and privacy policy before using any other linked site.
TEXT MESSAGE PROGRAM
If you provide your consent to participate in our text message program, you also agree to our Text Message Terms & Conditions, which are incorporated herein by reference.
DO NOT CALL POLICY
We accept and honor Do Not Call requests in accordance with our Do Not Call Policy(Within Privacy Policy), which is incorporated herein by reference.
DISCLAIMER OF WARRANTIES
The Sites are provided to you on an "AS IS" and “AS AVAILABLE” basis, and AT YOUR OWN RISK TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES REGARDING SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS, OR CONTINUED AVAILABILITY WITH RESPECT TO THE SITES. We expressly disclaim, to the fullest extent permitted by applicable law, any warranties with respect to any downtime, delays or errors in the transmission or delivery of any communications, information, materials, or services through the Sites. We do not warrant, endorse, guarantee, or assume responsibility for any third-party product or service recommended, advertised, or offered for sale on or through the Sites or any website linked to the Sites.
LIMITATION OF LIABILITY
IN NO EVENT WILL WE OR OUR AFFILIATES, OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES OR LOST REVENUE, LOST PROFITS, LOST DATA, LOSS OF GOODWILL/REPUTATION, OR LOST ANTICIPATED BUSINESS (EVEN IF WE HAVE BEEN ADVISED OF OR COULD HAVE ANTICIPATED THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATING TO THESE TERMS, THE SITE, OR THE SERVICES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY.
INDEMNIFICATION
You agree to defend, indemnify, and hold CCC and our affiliates, officers, directors, owners, employees, and agents harmless from and against any and all claims, governmental investigations, demands, actions, and proceedings, real or threatened, and all losses, judgments, awards, settlements, damages, fines, injuries, penalties, and costs (including, without limitation, reasonable attorneys’ fees and expenses) arising out of or related to (i) your use of the Sites; (ii) any breach or alleged breach of these Terms, including the representations contained herein, by you; (iii) your violation of any applicable law or regulation; or (iv) your gross negligence or willful misconduct.
DISPUTE RESOLUTION
Any controversy, claim or dispute arising out of or related to these Terms, the Site, and/or the Service, including, but not limited to, alleged violations of state or federal statutory or common law rights or duties (a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this paragraph. If the parties are unable to resolve any Dispute through informal means, either party may initiate binding arbitration of such Dispute by sending notice demanding arbitration to the other party. The demand for arbitration shall be made within a reasonable time after the Dispute has arisen, but in no event shall it be made more than one year from when the aggrieved party knew or should have known of the controversy, claim, or facts forming the basis of the Dispute. The arbitration shall be initiated and conducted according to American Arbitration Association rules and procedures for commercial arbitration, including provisions for the resolution of consumer disputes (the “Arbitration Rules”). If a Dispute is within the jurisdiction of the small claims court of Sonoma County, California, it may be submitted to such small claims court on an individual basis. The arbitration shall be conducted in Sonoma County, California before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The decision of the arbitrator will be issued with a reasoned opinion and will be final without option to appeal. If the amount in controversy is less than $10,000, the parties agree that the Dispute will be decided on the basis of written submissions without a hearing. The parties may mutually agree to conduct hearings telephonically or by video conference. To the fullest extent permitted by law, the arbitrator shall not have the power to award punitive, special, consequential, or indirect damages against any party. Arbitration costs and fees shall be divided equally between the parties except in the event of a consumer arbitration in which case arbitration costs and fees will be allocated in accordance with the Arbitration Rules. Each party shall be responsible for paying its own attorneys’ fees, costs, and expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. No disputes may be arbitrated on a class or representative basis and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. BY AGREEING TO THESE TERMS, EACH PARTY IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE TO JOIN CLAIMS OR DISPUTES WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION, CLASS ARBITRATION, OR SIMILAR PROCEDURAL DEVICE; AND WAIVES ANY RIGHT IT MAY HAVE TO PRESENT ITS CLAIM OR DISPUTE IN A COURT OF LAW EXCEPT FOR THE SUBMISSION OF CLAIMS IN SMALL CLAIMS COURT ON AN INDIVIDUAL BASIS AS PERMITTED HEREIN. Judgment on the award rendered by the arbitrator(s), if any, may be entered for enforcement purposes in any court having jurisdiction thereof.
GOVERNING LAW
The Terms are governed according to the laws of the State of California, without regard to its conflicts of law principles. Subject to the dispute resolution process described above, all claims, disputes, and suits must be brought solely in the state or federal courts located in Sonoma County, California and the parties agree to the personal jurisdiction of such courts.
FORCE MAJEURE
We will be excused from failures or delays in delivery or performance of the Sites, if such failure or delay is attributable to causes our reasonable control such as weather, acts of God, natural disaster, war, terrorist attack, disease, epidemic/pandemic, criminal activity, riot, civil unrest, strike, or utility failure.
MISCELLANEOUS
The Terms constitute the entire agreement and understanding between you and us with regard to the subject matter hereof. Our failure to exercise or enforce any right or provision of the Terms will not operate as a waiver of such right or provision. If any provision of the Terms is determined to be unlawful, void, or unenforceable, the parties intend that the offending provision be modified to the minimum extent necessary to be lawful and enforceable. Portions of the Terms which by their nature would survive termination of your use of the Sites (e.g., disclaimer of warranties, limitation of liability, indemnification) will be deemed to survive. Headings are provided as a convenience and should not be used as interpretive aids. The Terms do not create any joint venture, partnership, employment, or agency relationship between the parties. You agree that ambiguities in the Terms will not be construed against us by attribution of drafting. We may assign any of our rights or obligations to others at any time without notice to you. You may not assign any of your rights or obligations to others without our prior written consent.