Thank you for visiting the BRYCER, LLC (“BRYCER“) website at www.thecomplianceengine.com (the “Site“). Your use of the information, materials, text, images and other content on the Site is subject to the terms and conditions below (the “Terms and Conditions“), which may be revised by BRYCER from time to time without notice. Please read these terms and conditions carefully. BY ACCESSING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Use of Content: The text, images, data, illustrations, files, audio and video clips, designs, documents, and other materials and content (collectively, the “Content“) on the Site is the property of BRYCER and may be protected by copyright and other restrictions. Content does not include any information that you provide. Copyrights and other proprietary rights in the Content may also be owned by parties other than BRYCER. You may not copy, modify, distribute or otherwise use any of the Content, except for your personal and non-commercial use. Please note that BRYCER may withdraw any Content from the Site at any time in its sole discretion.
User Warranty: By downloading, printing, or otherwise using any of the Content, you agree that you will (i) restrict your use of such Content to personal and non-commercial use, (ii) comply with all of these Terms and Conditions, and (iii) not violate the rights of BRYCER or any other person or entity. BRYCER does not warrant that use of any of the Content will not infringe the rights of third parties.
Commercial Use is Restricted: Unauthorized commercial publication or exploitation of text, images, documents, materials or any other Content is prohibited. If you wish to use any of the Content for commercial use, publication, or any purpose other than personal use, you must obtain written permission from BRYCER prior to such use. BRYCER may, in its sole discretion, grant permission for such use on a case-by-case basis and may charge a usage fee for such use.
Trademarks: Names, titles, trademarks, service marks, and logos (collectively, the “Trademarks“) displayed on the Site are registered and/or unregistered common law trademarks of BRYCER or third parties. Nothing contained in the Site should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on the Site without the express written permission of BRYCER or the appropriate third party that owns the Trademark. Except as permitted by these Terms and Conditions, any unauthorized use of the Trademarks is prohibited.
Digital Millennium Copyright Agent: For purposes of the Digital Millennium Copyright Act (“DMCA“), BRYCER has designated an agent for notices of claimed infringement. If you have any objections governed by the DMCA, please contact the agent listed under the Section entitled “Contact Information” below. BRYCER provides this contact information for purposes of the DMCA only and reserves the right to respond to communication that is relevant for this purpose.
Links to Third Party Websites and Employee E-Mail Addresses: The Site may contain links to third party websites. The linked sites are not under the control of BRYCER and BRYCER is not responsible for the contents of any linked website. These links are provided as a convenience only and shall not be construed as BRYCER’s endorsement of, sponsorship of, or affiliation with a linked website. The Site may also contain links to the e-mail addresses of various employees of BRYCER for purposes of feedback and communication regarding the Site and BRYCER’s products and services. By clicking on a link to an employee’s e-mail address, you leave the Site and enter into a restricted access area which is not governed by these terms and conditions. BRYCER assumes no responsibility or liability with respect to your entering such restricted access areas.
Links to the Site: Links to the Site are prohibited unless you obtain BRYCER’s prior written consent to such link. If you arrive at the Site from a third party link, please note that a link to the Site does not imply a relationship with, or endorsement of, the third party website or its content, purpose, policies or practices.
Non-Malicious Use: You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Site in a manner that sends more request messages to the Site’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, BRYCER grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. BRYCER reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site, for any commercial solicitation purposes. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content.
Termination: BRYCER may terminate your access to the Site and its services at any time if you fail to comply with any provision of these Terms and Conditions and such failure is not remedied, as determined by BRYCER in its sole discretion, within 10 days following notice from BRYCER to you. In the event of any such failure, BRYCER shall have the right to notify the applicable authority having jurisdiction.
WARRANTY DISCLAIMERS: THE INFORMATION AND DESCRIPTIONS CONTAINED ON THE SITE ARE NOT INTENDED TO BE COMPLETE DESCRIPTIONS OF ALL TERMS, EXCLUSIONS AND CONDITIONS APPLICABLE TO EVERY PRODUCT OR SERVICE OFFERED BY BRYCER, BUT ARE PROVIDED FOR GENERAL INFORMATIONAL PURPOSES. BRYCER MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE CONTENT ON THE SITE ARE SUITABLE FOR YOUR NEEDS, ARE COMPLETE, TIMELY OR RELIABLE. ALL TEXT, IMAGES AND OTHER CONTENT ON THE SITE ARE PROVIDED “AS IS”? WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND/OR NON-INFRINGEMENT. BRYCER DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL CODE, OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED.
GENERAL DISCLAIMERS: BRYCER ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR (I) ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE SITE THAT IS PROVIDED BY ANY PARTY OTHER THAN BRYCER, (II) DAMAGE TO OR VIRUSES CREATED BY ANY PARTY OTHER THAN BRYCER THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THE SITE OR YOUR DOWNLOADING OF ANY TEXT, IMAGES OR OTHER CONTENT FROM THE SITE, OR (III) ANY DAMAGE ARISING IN CONNECTION WITH ANY INTERRUPTION, DELAY IN OPERATION OR TRANSMISSION, OR LINE OR SYSTEM FAILURE.
LIMITATION OF LIABILITY: BRYCER WILL HAVE NO LIABILITY OF ANY KIND RELATED TO ANY INFORMATION PROVIDED BY YOU OR ANY ACT OR OMISSION BY YOU. BRYCER, ITS AFFILIATES, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES WILL HAVE NO LIABILITY UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, COMPENSATORY, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR RELATING TO THE SITE OR BRYCER’S INTERACTION OR RELATIONSHIP WITH YOU.
Indemnity: You agree to indemnify and hold BRYCER, its managers, members, officers, employees, agents and representatives harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees and costs, due to or arising out of (i) your use of the Site; (ii) your breach of these Terms and Conditions; or (iii) your violation of any third party right.
Reservation of Rights: All rights not expressly granted by BRYCER in these Terms and Conditions are specifically reserved by BRYCER. Nothing on the Site or in these Terms and Conditions grants any right or license to use any property of any third party.
Contact Information: If you wish to contact us regarding (i) information on our products and services, (ii) permission to reproduce or use any Content on the Site, (iii) notices of claimed infringement under the DMCA, or (iv) any other reason, please contact:
Severability and Waiver: You acknowledge and agree that in the event any provision of these Terms and Conditions is held by a court to be invalid, unlawful, or unenforceable, the validity, legality, and/or enforceability of the remaining provisions contained in these Terms and Conditions will not in any way be affected or impaired. BRYCER’s failure to exercise or enforce any right or provision under these Terms and Conditions will not constitute a waiver of such right or provision by BRYCER.
Venue and Choice of Law: These Terms and Conditions are governed by the laws of the State of Illinois, without regard to its conflicts of laws principals. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to these Terms and Conditions or the Site shall be brought in a federal or state court located in Cook County, Illinois, and you hereby waive any objection to the exclusive jurisdiction of such courts.
Entire Agreement: You agree that these Terms and Conditions constitute the entire agreement between you and BRYCER with respect to your use of the Site. You agree that these Terms and Conditions supersede any other agreements between you and BRYCER with respect to your use of the Site.
Force Majeure: BRYCER will not be responsible for failure to provide, or for delay in providing you its services or access to the Site when such failure or delay is caused by conditions beyond our control, including but not limited to labor disturbance and strike, rebellion, terrorist action, riot, civil commotion, war or uprising, nuclear accidents, natural disasters, acts of God, or where rendering our services or access to the Site is prohibited by local law or regulations.
Information Collected and Stored Automatically: We may automatically gather and store the certain information about your visit so that we can monitor the use of the Site in order to make improvements and better serve visitors. This following information may be collected and stored and used in the aggregate only, and is not used to contact you personally:
The IP address from which you access the Site; The name of the domain from which you access the internet; The type of browser and operating system used to access the Site; The date and time you access the Site; The pages, files, documents and links that you visit; and The internet address of the website from which you linked to the Site.
Disclosure to Third Parties: BRYCER will not disclose any information that you provide to third parties unless such disclosure is required by law or is used to operate The Compliance Engine (i.e. disclosure to a payment processor so that credit card payments can be accepted). BRYCER will not disclose any information you provide to third parties for their marketing purposes.
User Submissions: You agree that any information you provide through the Site will be truthful, accurate and complete. We have no obligations regarding such information or otherwise specifically agreed to in a separate writing or required by law. You acknowledge and agree that you will not provide any information or material to BRYCER or the Site that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another person or entity.
Security: Transmissions over the Internet are never 100% secure or error-free. We take reasonable steps to protect your personal information from loss, misuse, and unauthorized access, disclosure, alteration and destruction.