ComplianceGO Terms of Use

(last updated 01/24/2022)

Ownership; Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the ComplianceGO website located at www.compliancego.com and all tools and features provided thereon (the “ComplianceGO Services”). The ComplianceGO Services are the property of ComplianceGO, LLC (“ComplianceGO”). BY USING THE COMPLIANCEGO SERVICES, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE COMPLIANCEGO SERVICES.

In addition to your personal acceptance of the Terms of Use, if you use the ComplianceGO Services on behalf of a company or any other entity (hereinafter “a company”) your use of the ComplianceGO Services shall constitute acceptance by the company of the Terms of Use.  In such cases, all references to you and your in the Terms of Use shall be construed as including the company.   

ComplianceGO reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the ComplianceGO Services following the posting of changes will mean that you accept and agree to the changes.

Description of the ComplianceGO Services

The ComplianceGO Services include tools for implementing an environmental management program, including, for example, a reminder tool for recommending inspections at your sites based on available weather data and a forms tool for creating compliance documentation.  You may use the ComplianceGO Services to facilitate your compliance with environmental management regulations or requirements (the “Purpose”).  However, you should not rely on the ComplianceGO Services to ensure your compliance with any governing regulations.  You should only rely on the ComplianceGO Services for informational purposes.  

License and Restrictions

Subject to your compliance with the Terms of Use and any applicable subscription agreement, ComplianceGO grants you a non-exclusive, non-transferable, limited license to use the ComplianceGO Services.  You agree that you will not use, or attempt to use, the ComplianceGO Services for anything other than the Purpose.  

You further agree not to: 

(a)  alter the ComplianceGO Services in any way;

(b) disassemble, decompile, reverse-engineer or create derivative works of the ComplianceGO Services;

(c) remove any notices from the ComplianceGO Services including any copyright or trademark notice; 

(d) use the ComplianceGO Services for any unlawful or criminal purpose, including but not limited to, storing, reproducing or distributing any content in violation of any third-party’s intellectual property rights; or(e) gain or attempt to gain unauthorized access to the ComplianceGO Services.

Your Use of the ComplianceGO Services

To access the ComplianceGO Services, you must create a user account or have a user account created for you.  When you create, or have created, a user account to access the ComplianceGO Services, you must provide true, accurate, current and complete information about yourself including, but not limited to, your full legal name and email address.  You also agree that you will correct or update any information associated with your user account that is untrue, inaccurate, outdated, or incomplete.  If ComplianceGO has reasonable grounds to suspect that any information associated with your user account is untrue, inaccurate, outdated, or incomplete, ComplianceGO may disable your user account and prevent you from using the ComplianceGO Services.

You are responsible for your use of the ComplianceGO Services and for all content you may create, modify, store, share or otherwise manage using the ComplianceGO Services.  If ComplianceGO becomes aware that you are using the ComplianceGO Services for an improper purpose or to create, modify, store, share or otherwise manage content that violates any provision of the Terms of Use or any third party right, ComplianceGO may disable your user account and/or remove or disable access to any content associated with your user account.

Organization Accounts and Editors

A user account can be associated with an organization rather than a particular individual (an “organization account”).  In such cases, the organization and any individual that uses the organization account to access the ComplianceGO Services shall be responsible for all actions performed using the organization account and for all content associated with the organization account.  

An organization account may be given editor permissions (an “editor account”).  Any editor account that an organization may maintain will have the right to create other user accounts associated with the organization and to configure the ComplianceGO Services for such user accounts.  In such cases, the organization and any individual that uses the editor account to access the ComplianceGO Services shall be responsible for i) ensuring confidentiality of credentials for any user account created using the editor account, ii) creating user accounts, including other organization accounts and/or editor accounts only for competent individuals in the organization, and iii) ensuring that all activities that occur in connection with your editor account comply with the Terms of Use. You understand that ComplianceGO is not responsible for user account administration and internal management of the ComplianceGO Services for you or your organization. You are responsible for taking necessary steps for ensuring that your organization does not lose control of editor accounts.

Personal Information and Privacy

Personal information you provide to ComplianceGO through the ComplianceGO Services is governed by the ComplianceGO Privacy Policy. Your election to use the ComplianceGO Services indicates your acceptance of the terms of the ComplianceGO Privacy Policy available at www.compliancego.com/privacy. You are responsible for maintaining the confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your user account and you agree to inform ComplianceGO immediately of any unauthorized use of your user account.

Impersonation or Unauthorized Access

You may not impersonate another person or entity, or misrepresent your affiliation with a person or entity while using the ComplianceGO Services. You may not use or attempt to use another person’s account or personal information to gain access to the ComplianceGO Services. You may not attempt to gain unauthorized access to ComplianceGO, or to the computer systems or networks connected to ComplianceGO, through hacking, password mining, or any other means.

Inactive/De-Activated User Accounts Policy

Subject to any applicable subscription agreement, ComplianceGO reserves the right to terminate any user account that is inactive for a continuous period of 180 days. A user account that is associated with an organization will not be deemed inactive if any user account associated with the organization is active during a continuous period of 180 days.  ComplianceGO also reserves the right to terminate any user account that is in violation of the Terms of Use or for which any applicable payment has not been made.  In the event a user account is terminated, ComplianceGO may cease maintaining any data or content associated with the terminated user account. 

Data Ownership

ComplianceGO respects your right to ownership of content you create or store with the ComplianceGO Services.  ComplianceGO will not, without your permission, access, copy, distribute, store, transmit, reformat, publicly display or publicly perform any of your content except as necessary to provide the ComplianceGO Services to you or as required by law.

Your Content

You may transmit, publish or otherwise share content you create using any of the ComplianceGO Services or otherwise store the content in your user account. However, you shall be solely responsible for your content and the consequences of its transmission or publication. For example, content that you create or store in your account with the ComplianceGO Services will be publicly accessible through hyperlinks, and you shall be solely responsible for how such hyperlinks are distributed.  Anyone with a hyperlink will be able to view, but not modify, the corresponding content. ComplianceGO takes no responsibility, whatsoever, for your content or how you may choose to share your content. ComplianceGO shall not be responsible for any unintended viewing of your content due to the ComplianceGO Services’ use of hyperlinks.   

In some cases, your content may be automatically accessible to other users of the ComplianceGo Services.  For example, if your user account is associated with another user account, such as an organization account, an editor account or another user account that manages your user account, your content may be accessible from the other user account.  As another example, if your content is associated with a site that was created by another user account (e.g., a user account of a city or other regulatory entity), the other user account will have access to any of your content that is associated with the site.  You acknowledge that ComplianceGO shall have no responsibility or liability to you when your content is accessed by other users in such scenarios.  If you do not want your content to be accessible to any other user account, it is your responsibility to configure your user account accordingly.  

You may receive content from other users of the ComplianceGO Services.  ComplianceGO takes no responsibility, whatsoever, for any such content you may receive.    

Although the ComplianceGO Services are configured to maintain your content in a cloud-based repository, you should create a backup of your content external to the ComplianceGO Services.  If ComplianceGo ceases to provide the ComplianceGO Services or if ComplianceGO otherwise intends to cease maintaining your content, ComplianceGO will provide you with reasonable notice to allow you to export your content.  However, if you violate the Terms of Use, ComplianceGO reserves the right to immediately terminate your account without providing notice to you.  

Even if your account remains active, ComplianceGO reserves the right to delete any of your content that is associated with a site that has been inactive for more than five years.  It is therefore your responsibility to create a backup of any such content before ComplianceGO deletes it.    

Content Provided by ComplianceGO

The ComplianceGO Services provide access to a variety of content such as, but not limited to, workflows, documents, forms, maps and weather information (“ComplianceGO Content”).  All ComplianceGO Content is provided for informational purposes only.  Although ComplianceGO strives to ensure that the ComplianceGO Content is helpful to you for the Purpose, ComplianceGO makes no representations or warranties that any ComplianceGO Content is accurate, complete, up-to-date or compliant with any law, regulation or rule.  You should not rely on the ComplianceGO Content in making any determination that your environmental management program complies with any law, regulation, rule or goal.  

By way of example, but not limitation, ComplianceGO provides forms for particular regulatory jurisdictions (e.g., state-specific forms) as part of the ComplianceGO Content.  If you choose to prepare documentation from such forms, it is solely your responsibility to ensure that the documentation complies with any applicable law, regulation or rule.  You should not assume that any form, including any portion of any form such as a certification statement or a signature requirement, complies with any law, regulation or rule.  

ComplianceGO may update the ComplianceGO Content at any time.  It is your responsibility to determine if you are using the latest version of any ComplianceGO Content.  ComplianceGO takes no responsibility for notifying you if or when it updates the ComplianceGO Content in any manner.  

Support Provided by ComplianceGO

ComplianceGO maintains a support team to provide technical assistance to you in your use of the ComplianceGO Services.  You should not rely on the support team in making any determination that your environmental management program or any documentation you may create using the ComplianceGO Services, including using your content or the ComplianceGO Content, complies with any law, regulation, rule or goal.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE COMPLIANCEGO SERVICES IS AT YOUR SOLE RISK. THE COMPLIANCEGO SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. COMPLIANCEGO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF COMPLIANCE, ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPLIANCEGO MAKES NO WARRANTY THAT THE COMPLIANCEGO SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT YOUR USE OF THE COMPLIANCEGO SERVICES WILL RESULT IN YOUR COMPLIANCE WITH ANY REGULATION, RULE, LAW OR GOAL. YOUR USE OF ANY COMPLIANCEGO CONTENT SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM YOUR RELIANCE ON ANY COMPLIANCEGO CONTENT.  NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM COMPLIANCEGO, ITS SUPPORT TEAM, EMPLOYEES OR REPRESENTATIVES NOR ANY ACTION PERFORMED BY COMPLIANCEGO, ITS SUPPORT TEAM, EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.  COMPLIANCEGO DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE COMPLIANCEGO SERVICES. YOU ASSUME ALL RESPONSIBILITY FOR YOUR USE OF THE COMPLIANCEGO SERVICES INCLUDING YOUR USE OF AND RELIANCE ON ANY COMPLIANCEGO CONTENT OR ASSISTANCE FROM THE COMPLIANCEGO SUPPORT TEAM. YOUR SOLE REMEDY AGAINST COMPLIANCEGO FOR DISSATISFACTION WITH THE COMPLIANCEGO SERVICES IS TO STOP USING THE COMPLIANCEGO SERVICES. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.  To avoid any ambiguity, the above disclaimer includes, but is not limited to, any warranty related to the accuracy of any weather-based recommendation, the accuracy of any form or other content and the persistence of any of your content.  

ComplianceGO reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of the ComplianceGO Services, or any portion of the ComplianceGO Services, for any reason; (2) to modify or change the ComplianceGO Services, or any portion of the ComplianceGO Services; and (3) to interrupt the operation of the ComplianceGO Services, or any portion of the ComplianceGO Services, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT COMPLIANCEGO SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE COMPLIANCEGO SERVICES, EVEN IF COMPLIANCEGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL COMPLIANCEGO’S ENTIRE LIABILITY TO YOU IN ANY RESPECT, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TO OBTAIN ACCESS TO THE COMPLIANCEGO SERVICES.

YOU EXPLICITLY AND SPECIFICALLY AGREE THAT COMPLIANCEGO SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE OR HARM THAT YOU, OR THE ORGANIZATION THAT YOU REPRESENT, MAY EXPERIENCE DUE TO A FAILURE TO COMPLY WITH ANY REGULATION, RULE, LAW OR GOAL, INCLUDING BUT NOT LIMITED TO, ANY REGULATION GOVERNING ENVIRONMENTAL MANAGEMENT.  THE COMPLIANCEGO SERVICES, INCLUDING THE COMPLIANCEGO CONTENT, ARE NOT A SUBSTITUTE FOR YOUR OBLIGATION TO ENSURE YOUR COMPLIANCE WITH ENVIRONMENTAL MANAGEMENT REGULATIONS.  

YOU ALSO EXPLICITLY AND SPECIFICALLY ACKNOWLEDGE THAT THE COMPLIANCEGO SERVICES PROVIDE REMINDERS TO PERFORM INSPECTIONS AND THAT THESE REMINDERS ARE ASSUMPTIONS THAT IT MAY HAVE RAINED AT YOUR SITES BASED ON AVAILABLE WEATHER DATA. YOU ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO MONITOR YOUR SITES TO DETERMINE IF AND WHEN ANY INSPECTION MAY BE REQUIRED.  COMPLIANCEGO SHALL HAVE NO LIABILITY TO YOU IF YOU CHOOSE TO RELY ON THE COMPLIANCEGO SERVICES RATHER THAN MONITORING YOUR SITES TO DETERMINE IF OR WHEN TO PERFORM AN INSPECTION.  

YOU FURTHER EXPLICITLY AND SPECIFICALLY ACKNOWLEDGE THAT THE COMPLIANCEGO CONTENT IS FOR INFORMATIONAL PURPOSES ONLY AND THAT COMPLIANCEGO MAKES NO CLAIM, REPRESENTATION OR WARRANTY THAT THE COMPLIANCEGO CONTENT COMPLIES WITH ANY STATE’S OR OTHER GOVERNING ENTITY’S CURRENT REQUIREMENTS. YOU ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY, EVEN WHEN USING ANY COMPLIANCEGO CONTENT, TO CREATE DOCUMENTATION THAT COMPLIES WITH ANY REGULATION, RULE, LAW OR GOAL. IN NO EVENT SHALL COMPLIANCEGO HAVE ANY LIABILITY TO YOU AS A RESULT OF YOUR FAILURE TO CREATE COMPLIANT DOCUMENTATION.      

Indemnification

You agree to indemnify and hold harmless ComplianceGO, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claim that you have used the ComplianceGO Services in violation of another party’s rights, in violation of any law, in violation of any provisions of the Terms of Use, or any other claim related to your use of the ComplianceGO Services.

You further agree to indemnify and hold harmless ComplianceGO, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to your failure, or the failure of the organization you represent, to comply with any regulation, rule, law or goal, including any regulation governing environmental management.  

Arbitration

Any controversy or claim arising out of or relating to the Terms of Use shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in Utah and will be governed by the laws of Utah without regard to its conflicts of laws provisions.  Any judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, ComplianceGO may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.

Other Terms

ComplianceGO may transfer its rights under the Terms of Use to anyone at any time and for any reason and any such transfer will not impact your obligations under the Terms of Use.

If you use the ComplianceGO Services on behalf of a company, you represent and warrant that you are authorized to bind the company to the Terms of Use.  

No agency, partnership, joint venture or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect.

If any of the provisions of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the Terms of Use, so that the Terms of Use shall remain in full force and effect. 

The Terms of Use and any applicable subscription agreement constitute the entire agreement between the parties with respect to your use of the ComplianceGO Services.