Last updated: March 26, 2016
Accessing and Using the Services
Payment and access key. The Services, except for our general website and other Services that we expressly offer without restriction, require use of a unique key that we provide for you to set up a unique user account (“Account”) and to access the Services. We generally provide such a key upon payment of the relevant fees for the Service.
Rights and Licenses in the Services
Protected content. The technology, information, content and other intellectual property on, included in, or made available to you as part of the Services, as well as the trademarks, service marks, logos and other indicia of origin used in connection with the Services, (collectively, the “Content”) are protected by copy-right, trademark, trade secret, and other intellectual property protections under the law. We and/or our licensors solely and exclusively own all intellectual property and other proprietary rights, title and interests in all such Content.
Misuse of identity or keys. You will not access or use the Services with another person’s or company’s details or key, and will not share your Account details or key with anyone else.
Violations of law. You will not violate any applicable law or regulation, or use the Services or Content for any illegal or unauthorized purpose.
Interference with Services. You will not interfere or permit interference with the Services, or other users’ use thereof, for example by uploading or propagating any virus or other destructive material, trying to gain unauthorized access to or use of any service, data, account or network, or engaging in destructive or nuisance activity.
Trademark and goodwill. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content. You will not use any of our trademarks, service marks, logos and other indicia of origin except in connection with the Service, unless otherwise expressly indicated by us. All goodwill arising out of your use of any Services or Content shall inure only to our benefit.
Confidentiality and Use of Data
Provision of confidential information. You or we may supply or give each other access to our respective “Confidential Information” as part of providing or using the Services. Confidential Information means any non-public business or technical information or material which (i) is marked or otherwise expressly communicated as being “proprietary” or “confidential” or (ii) reasonably should be understood to be confidential by its nature or from the circumstances surrounding its disclosure.
Examples of confidential information. Our Confidential In-formation includes without limitation the content, features, functions and pricing of the Services. Your Confidential Information includes without limitation information about your business, suppliers, customers, methods of operation and other information not generally known by or disclosed to the public or third parties that you or your designees supply to us in the course of using the Services, whether as Your Material or otherwise.
Analytics data. We may create, maintain, use, share, distribute, and otherwise exploit anonymized Analytics Data in any manner and for any purpose, unless expressly agreed otherwise with you in writing. “Analytics Data” means aggregate data in an anonymous form that is not identifiable to you or your business which we derive from the operation or use of the Services, such as blinded aggregated maturity scores of multiple companies, data elements derived in whole or in part from Your Material and that of others, and any conclusions, reports or other data resulting from analysis of any such data. As between you and us, we solely and exclusively own all intellectual property and proprietary rights, title and interests in such anonymized Analytics Data.
Warranty and Liability Limitations
Your warranties. You represent and warrant that (i) you own or have secured all such intellectual property and other rights necessary for us to use Your Material that you supply to us in the course of using the Services; (ii) you will fully comply with all applicable laws, regulations and other government requirements; (iii) we may rely on the accuracy and completeness of in-formation, materials, resources and assistance that you or its designated employees or third parties provide or make available to us without having to verify the same independently; (iv) all personnel or other designees that you utilize to work with us or otherwise deal with the Services will comply with your duties hereunder.
Limitations of liability. EXCEPT FOR DAMAGES RELATED TO ANY CLAIMS FOR MISUSE OR MISAPPROPRIATION OF OUR, YOUR OR ANY OTHER INTELLECTUAL PROPERTY, (i) IN NO EVENT SHALL YOU OR YOUR THIRD PARTIES, OR WE OR THE CREATE COMPLIANCE PARTIES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, OR LEGAL OR AC-COUNTING FEES OR COSTS INCURRED BY THE OTHER PARTY OR ANY THIRD PARTY, EVEN IF YOU OR WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (ii) IN NO EVENT SHALL YOUR AND YOUR THIRD PARTIES’ AGGREGATE LIABILITY, OR OUR AND THE CREATE COMPLIANCE PARTIES AGGREGATE LIABILITY, FOR ALL DAMAGES OR INJURIES EXCEED THE FEES YOU HAVE PAID US WITH RESPECT TO THE THREE MONTHS PRIOR TO THE MONTH IN WHICH THE FIRST EVENT GIVING RISE TO THE LIABILITY OCCURRED.
Referring Companies. CREATe Compliance is not responsible for and has no liability for any act or omission of any Referring Company. Additionally, the Referring Companies are not authorized to make any representations and warranties or enter into any agreements, arrangements or understandings, contractual or otherwise, on behalf of CREATe Compliance.
Contacting CREATe Compliance