Terms and Conditions
THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter “You” or “Your”) AND ACCENAGROUP, LLC dba COMPLIANCEGO (hereinafter “ComplianceGO” or “We” or “Our”) GOVERNING YOUR USE OF COMPLIANCEGO SOFTWARE. This Agreement consists of the following terms and conditions (hereinafter the “Terms”).
Acceptance of the Terms
You must be of legal age to enter into a binding agreement in order to accept the Terms. If you do not agree to the Terms, do not use ComplianceGO. You can accept the Terms by checking a checkbox or clicking on a button indicating your acceptance of the terms or by accessing or using ComplianceGO or any associated services.
Description of Service
ComplianceGO provides online, cloud-based, compliance-oriented software components designed to aid and enhance the capabilities of user and organizations in managing and maintaining compliance with internal and/or external regulations and guidelines (“Service”). You may use the Service for your personal and business/organizational use or for internal business/organizational purposes in the organization that you represent. You may connect to the Service using any Supported Web Browser. You are responsible for obtaining access to the Internet and the equipment and software necessary to use the Service. You can create and edit content with your user account and if you choose to do so, you can publish and share such content. Stormwater content may be accessible and viewable by both the Regulatee and the Regulator when each are subscribed to the Service. The entity that created the site in the Service controls the site and access to the information. If you wish to restrict access to sites or control your information, you may contact ComplianceGO by email at email@example.com or by phone at 888-467-0047.
Supported Web Browser
“Supported Web Browser” or “Internet Browser” means the current release of Microsoft Edge, Mozilla Firefox, Google Chrome or Apple Safari, or any other web browser that ComplianceGO agrees in writing shall be supported.
Subscription to Beta Service
We may offer certain Services as closed or open beta services (“Beta Service” or “Beta Services”) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that ComplianceGO will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.
Free Trial Accounts
We may offer certain Services as a Free Trial for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Free Trials. We will be the sole judge of the success of such testing and the decision, if any, to offer the Free Trials as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Free Trial. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Free Trials with or without notice to you. You agree that ComplianceGO will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Free Trials for any reason.
Modification of Terms of Service
We may modify the Terms upon notice to you at any time through a service announcement or by sending an email to the email address associated with your account. If we make significant changes to the Terms that affect your rights, you will be provided with at least 30 days advance notice of the changes by email to the email address associated with your account. You may terminate your use of the Services by providing ComplianceGO notice by email within 30 days of being notified of the availability of the modified Terms if the Terms are modified in a manner that substantially affects your rights in connection with use of the Services. In the event of such termination, you will be entitled to a pro-rated refund of the unused portion of any prepaid fees. Your continued use of the Service after the effective date of any change to the Terms will be deemed to be your agreement to the modified Terms.
User Sign up Obligations
You need to sign up for a user account by providing all required information in order to access or use the Services. If you represent an organization and wish to use the Services for organizational internal use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your organizational contact information. In particular, we recommend that you use your organizational email address. You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete c) provide your legal name and a valid email address. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if ComplianceGO has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, ComplianceGO may terminate your user account and refuse current or future use of any or all of the Services.
Organization Accounts and Editors
When you sign up for an account for your organization you may specify one or more editors. The editors will have the right to configure the Services based on your requirements and manage end users in your organization account. If your organization account is created and configured on your behalf by a third party, it is likely that such third party has assumed editor role for your organization. Make sure that you enter into a suitable agreement with such third party specifying such party’s roles and restrictions as an editor of your organization account. You are responsible for i) ensuring confidentiality of each user account password within your organization, ii) appointing competent individuals as editors for managing your organization account, and iii) ensuring that all activities that occur in connection with your organization account comply with this Agreement. You understand that ComplianceGO is not responsible for account administration and internal management of the Services for you. You are responsible for taking necessary steps for ensuring that your organization does not lose control of the editor accounts. You may specify a process to be followed for recovering control in the event of such loss of control of the editor accounts by sending an email to firstname.lastname@example.org, provided that the process is acceptable to ComplianceGO. In the absence of any specified editor account recovery process, ComplianceGO may provide control of an editor account to an individual providing proof satisfactory to ComplianceGO demonstrating authorization to act on behalf of the organization. You agree not to hold ComplianceGO liable for the consequences of any action taken by ComplianceGO in good faith in this regard.
Personal Information and Privacy
Impersonation or Unauthorized Access
You may not impersonate another person or entity, or misrepresent your affiliation with a person or entity while using ComplianceGO. You may not use or attempt to use another person’s account or personal information. 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.
Communications from ComplianceGO
The Service may include certain communications from ComplianceGO, such as service announcements, administrative messages, task or event notifications, notices and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters, task notifications and notices from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.
If we receive a complaint from any person against you with respect to your activities as part of the use of the Services, we will forward the complaint to the email address associated with your user account. You must respond to the complainant directly within 10 days of receiving the complaint forwarded by us and copy ComplianceGO in the communication. If you do not respond to the complainant within 10 days from the date of our email to you, we may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 10 days’ time limit will be construed as your consent to disclosure of your name and contact information by ComplianceGO to the complainant. To report content allegedly infringing copyright hosted on ComplianceGO, send a DMCA (Digital Millennium Copyright Act) Notice to email@example.com or by mail to DMCA ℅ Hank Tolman, 365 E 1200 S, Orem, UT 84058.
Fees and Payments
The Services are available under subscription plans of various durations. Payments for subscription plans can be made by check, credit card, or other reasonable means. Your subscription will be automatically renewed at the end of each subscription period unless you downgrade your paid subscription plan to a free plan (if available) or inform us that you do not wish to renew the subscription. At the time of automatic renewal, the subscription fee will be charged to the Credit Card last used by you or invoiced to you if another means of payment was used. We provide you the option of changing the details if you would like the payment for the renewal to be made through a different Credit Card. If you do not wish to renew the subscription, you must inform us at least seven days prior to the renewal date. If you have not downgraded to a free plan and if you have not informed us that you do not wish to renew the subscription, you will be presumed to have authorized ComplianceGO to charge the subscription fee to the Credit Card last used by you. From time to time, we may change the price of any Service or charge for use of Services that are currently available free of charge. Any increase in charges will not apply until the expiry of your then current billing cycle. You will not be charged for using any Service unless you have opted for a paid subscription plan.
You may cancel your subscription to ComplianceGO at any time prior to the renewal date. You will retain access to ComplianceGO until the subscription period has elapsed. We do not offer a refund or credit on a purchase unless one of the promises given by us has been breached, or as required by law. If you would like to request a refund or credit, please send a request to firstname.lastname@example.org. Credit or refund requests will be assessed individually, considering the digital nature of ComplianceGO services and the information available prior to purchase.
Restrictions on Use
In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer the Services or otherwise make it available to any third party unless the Services tier to which are subscribed allows it; (ii) provide any service based on the Services without prior written permission; (iii) post links to third party sites or use their logo, company name, etc. without their prior written permission; (iv) publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity; (v) use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of ComplianceGO; (vi) violate any applicable local, state, national or international law; and (vii) create a false identity to mislead any person as to the identity or origin of any communication.
Spamming and Illegal Activities
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
Inactive User Accounts Policy
We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 120 days. In the event of such termination, all data associated with such user account will be maintained for a period of 3 years. At the end of that period, all data will be deleted. We will provide you prior notice of such termination and option to back-up your data. In cases of organizational accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.
We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant ComplianceGO the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for ComplianceGO’s commercial, marketing or any similar purpose. You agree to grant ComplianceGO permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Services to you.
User Generated Content
You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet via the link provided to you within the Service. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that ComplianceGO will have the right to block access to or remove such content made available by you if ComplianceGO receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by ComplianceGO for this purpose.
Demonstration Files, Forms and Applications
ComplianceGO may provide demonstration files, forms and applications for the purpose of demonstrating the possibility of using the Services effectively for specific purposes. The information contained in any such demonstration files, forms and applications consists of data generated by ComplianceGO to demonstrate system capabilities. The files, forms and applications may be used at will by the user, however, ComplianceGO makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the demonstration files, forms and applications. The liability of compliance and the use of any regulated or mandated files, forms or applications rests solely on the user.
ComplianceGO, MS4Connect, GOFree, GOInspect, GOComplete, MS4Inspect, MS4Complete, CALConnect, REMOTESense, and the names of any other Services and their logos are trademarks of AccenaGroup, LLC. You agree not to display or use, in any manner, the AccenaGroup, LLC trademarks, without the company’s prior permission.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE 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, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPLIANCEGO MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM COMPLIANCEGO, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability
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 SERVICE, EVEN IF COMPLIANCEGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL COMPLIANCEGO’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
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 claims that you have used the Services in violation of another party’s rights, in violation of any law, in violation of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by ComplianceGO. If you have any questions or concerns regarding this Agreement, please contact us at email@example.com.
Any controversy or claim arising out of or relating to the Terms 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 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.
Suspension and Termination
We may suspend your user account or temporarily disable access to all or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to firstname.lastname@example.org within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request. In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms and to terminate your access to any Beta Service or Free Trial in case of unexpected technical issues or discontinuation of the Beta Service or Free Trial. You have the right to terminate your user account if ComplianceGO breaches its obligations under these Terms and in such event, you will be entitled to a pro-rated refund of any prepaid fees. Termination of user account will include denial of access to all Services, deletion of information in your user account such as your email address and password and deletion of all data in your user account, unless otherwise agreed upon previously.