Terms of Service
1. ACCEPTANCE OF TERMS
Welcome to CivilCommunicator.com (the “Service”). Data Engineering, LLC (“DE”) provides the Service to you (“Subscriber” or “You”), subject to the following Terms of Service (“TOS”), which may be updated by DE from time to time. THIS AGREEMENT SETS FORTH THE TERMS AND CONDITIONS APPLICABLE TO YOU IN USING THE SERVICE. BY CLICKING “ACCEPT” OR BY USING THE SERVICE, YOU AGREE TO BECOME A PARTY TO, AND BE BOUND BY, THESE TERMS. In addition, when using the Service, you agree to use the Service in accordance with any posted guidelines or rules applicable to the Service which may be posted from time to time and are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
The Service is provided to assist, guide, and educate subscribers in communicating about their child(ren) with their former domestic partners and in resolving related issues and conflicts in a safe, non-threatening environment, through monitored written communication. Subscribers also have the use of a Shared Library, Shared Calendar, and Expense Report to manage issues related to their child(ren).
Messages, responses, and entries into the Shared Library, Shared Calendar, and Expense Report can be submitted and read 24/7. For details regarding functionality and use of these various portions of the Service, please refer to the appropriate sections under the My Support tab. Our hours of operation for reviewing messages and responses are 7 am – 10 pm daily.
All messages and textual responses are reviewed by DE professionals to assure appropriateness of subject matter, compliance with Communications Guidelines, and for offensive, aggressive, passive aggressive or otherwise inappropriate content before being forwarded to the recipient. All communication entries and threads are stored according to Service retention policies. A history of Review Code categories, and statistics of the number of approved, revised, and rejected communications are retained, categorized and displayed for both parties in the “Report Card” section on each party’s home page.
Our subscribers are able to draft and respond to proposals to their Parental Coordinators / Decision Makers and receive their professional decisions from within the Service. All communications within the Proposal function bypass the review process entirely.
In addition, subscribers can also grant account access to other professionals with whom they are working, such as attorneys, counsellors, communication coaches, etc. The types of professional access are:
· Read Only showing your submitted and forwarded communications, along with review action codes and comments;
· Read Only showing the forwarded communications for both subscribers; and
· Read Write access allowing the professionals the ability to add comments to conversations, make decisions on proposals, ask questions leading up to decisions on a proposal, and view review action codes and comments. This access type was designed for use by PC/DMs as well as professionals in a collaborative environment.
All professional accounts are free of charge. Professional accounts are created, and access granted, from within your “My Info” page.
3. SECURITY & INFRASTRUCTURE
We maintain best industry standards for encryption, backups, redundancy, infrastructure, policies, and application features. All communications within the Service use Bank-level encryption at rest and at each transfer stage using both SHA-256 and AES-256 encryption and is HIPAA and HITEC compliant. For an in-depth discussion of our security features, please refer to:
4. SUBSCRIPTION AND CANCELLATION POLICIES
Subscriptions are offered strictly on an annual basis. The subscription begins on the date both parties have completed registration. Refunds are available for the cost of the Subscription, less administrative and processing costs, if the initial subscriber is unsuccessful in obtaining matching enrollment by the other party. Subscriptions will automatically renew unless we are notified of your intent to discontinue the Service prior to the renewal date.
6. USER LOGIN ID, PASSWORD, AND SECURITY
Your user ID will be your email address. At the time of registration, you will also create your password which will be used by the Service to authenticate your access. You can change that password at any time under Account Settings.
You are responsible for maintaining the confidentiality of the password and are fully responsible for all activities that occur under your login. You agree to (a) immediately notify DE of any unauthorized use of your password or any other breach of security, and (b) ensure that you exit the service at the end of each session. DE will not be liable for any loss or damage arising from your failure to comply with this Section 6.
7. SUBSCRIBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”) transmitted are the sole responsibility of the person from which such Content originated. This means that you, and not DE, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. While DE, through its Civil Communicator professionals, makes all reasonable efforts to remove inappropriate content, DE does not guarantee the removal of all such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will DE be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. We do not review the content in the Shared Library, Shared Calendar or the Expense Report.
You acknowledge, consent and agree that DE may access, preserve, and disclose your usage information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the IP Rights of a third party; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of DE, its users and the public. This specifically includes transmitting any statement of an intention to inflict pain, injury, damage, or other hostile action on another.
YOU AGREE THAT, BY USING THE SERVICE, YOU RELINQUISH ANY AND ALL PRIVACY RIGHTS TO ANY CONTENT TRANSMITTED INTO THE SERVICE, OR TRANSMITTED TO DE OR ITS PERSONNEL IN ANY FORM (“YOUR STATEMENTS”), AND THAT DE SPECIFICALLY RESERVES THE RIGHT TO TRANSMIT OR RELEASE YOUR STATEMENTS OR PORTIONS OF YOUR STATEMENTS ENTERED BY YOU INTO THE SERVICE ON TO THE OTHER PARTY, TO THEIR PROFESSIONALS, OR TO APPROPRIATE AUTHORITIES, UPON REQUEST OR AT OUR OWN DISCRETION.
The Service is subject to downtime from time to time for the purpose of maintenance and upgrading of the Service. Every attempt will be made to avoid downtime during normal hours of operation.
You agree to indemnify and hold DE, and its subsidiaries, affiliates, officers, agents, or other partners, and employees thereof, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that DE may establish general practices and limits concerning use of the Service, including without limitation the maximum number of messages that may be sent from or received by an account on the Service, the rate at which messages are sent through the system, the maximum size of any message that may be sent using the Service, the maximum size, aggregate size, maximum number and persistence of attachments associated with a message that is transmitted through the service, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You further acknowledge that DE reserves the right to modify these general practices and limits from time to time and may apply different policies to different users at its sole discretion.
11. MODIFICATIONS TO SERVICE
DE reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that DE shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service, except as provided for in contracts with account holders.
12. TERMINATION AND SUSPENSION
You agree that DE may, under certain circumstances and without prior notice, immediately terminate or suspend your Service or access to the Service, or any portion thereof. Cause for such termination or suspension shall include, but not be limited to, (a) breaches or violations of the TOS, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated registration deletions), (d) discontinuance or material modification to the Service (or any part thereof), or (e) unexpected technical or security issues or problems. Further, you agree that all terminations or suspensions for cause shall be made at DE’s sole discretion and that DE shall not be liable to you or any third-party for any such termination, suspension, or loss of access to the Service.
13, DE’S PROPRIETARY RIGHTS
You acknowledge and agree that any necessary software used to provide the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by DE, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
DE grants you a personal, non-transferable and non-exclusive right and license to use the Service and Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, disassemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Service or Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interfaces that are provided by DE for use in accessing the Service.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
DE MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM 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 DE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
15. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
16. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 14 AND 15 MAY NOT APPLY TO YOU.
17. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this Agreement.
DE may provide you with notices, including notices regarding changes to the TOS, by email, postal mail, or postings on the Service.
19. TRADEMARK INFORMATION
The Service trademarks and service marks and other DE logos and product and service names are trademarks of DE (the “DE Marks”). Without DE’s prior permission, you agree not to display or use in any manner, the DE Marks. Other trademarks and service marks are the property of their respective owners and are used by permission of those owners.
20. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INAPPROPRIATE REVIEWS OR REQUESTS FOR RECONSIDERATION.
If you believe that your communication has been reviewed or interpreted inappropriately or in error, or for any other reason related to the Service, please contact us in a message when logged into the Service under the Contact Us tab.
21. GENERAL INFORMATION
Entire Agreement. The TOS constitute the entire agreement between you and DE and govern your use of the Service, superseding any prior agreements between you and DE. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other DE services, affiliate services or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and DE shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions. You and DE agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the State of Colorado. Notwithstanding the foregoing, DE may seek injunctive or other equitable relief to protect its Intellectual Property rights in any court of competent jurisdiction.
Waiver and Severability of Terms. The failure of DE to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your DE registration is non-transferable and any rights to your registration and associated information terminate upon your death. Upon receipt of a copy of a death certificate, your registration may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Last Updated July 31, 2018.