Last Updated: April 30, 2021
These Terms do not apply to your access to and use of the products and services which we market for subscription on our Site (our “Services”). The practices and policies, including how we protect, collect, and use electronic data, text, messages, communications or other materials submitted to and stored within the Services by You (“Service Data”) are detailed in and governed by the separate written agreement executed by you and Corval relating to your access to and use of such Services (“Service Agreement”). Corval’s obligations, if any, with regard to its products and services are governed solely by the Service Agreement, and nothing on this Website should be construed to alter such agreements. Corval may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Corval makes no commitment to update the materials on the Site with respect to such products and services.
You must be at least 18 (eighteen) years of age to use the Site and by using the Site, you represent and warrant that you are at least 18 years of age and may legally agree to these Terms. The Company assumes no responsibility or liability for any misrepresentation of your age.
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SITE YOU AGREE TO BE BOUND BY THESE TERMS AND ANY OTHER POSTED GUIDELINES OR RULES APPLICABLE TO THE SITE OR ANY PORTION OF THE SITE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, DO NOT ACCESS OR USE THE SITE. YOU ALSO AGREE TO THE USE OF ELECTRONIC COMMUNICATIONS (WE DON’T USE PAPER) IN ORDER TO ENTER INTO THIS AGREEMENT AND TO THE ELECTRONIC DELIVERY OF NOTICES AS DESCRIBED BELOW.
1. Changes to Terms. These Terms, or any part thereof, may be modified by us, including the addition or removal of terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear your cache when doing so to avoid accessing a prior version of this Agreement. Your use of the Site after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions. In the event that you fail to monitor any modifications to or variations of this Agreement, You agree that such failure shall be considered an affirmative waiver of your right to review the modified Agreement.
2. Changes to Site; Termination of Access; Site Interruptions. Corval reserves the right to do any of the following, at any time, without notice: (a) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (b) to modify or change the Site, or any portion of the Site, including, but not limited to, content, availability, and equipment needed for access or use; (c) to modify or change the any applicable policies or terms; and (d) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes. You agree that Corval may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (i) requests by law enforcement or other government agencies, (ii) a request by you (self-initiated account deletions), (iii) discontinuance or material modification of the Site or any service offered on or through the Site, (iv) unexpected technical issues or problems, or (v) as otherwise provided herein. You agree that we will have no liability for any damage or loss caused as a result of the Site’s availability or unavailability or any termination of your access to the Site for any reason.
You consent to our giving you Communications (defined below) electronically. For contractual purposes, you (i) consent to receive Communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications (“Communications”) that we provide to you electronically satisfy any legal requirement that such Communications would satisfy if they were in writing. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. The foregoing does not affect your non-savable rights. You may also receive a copy of these Terms by accessing this Website. You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. If you withdraw your consent, from that time forward, you must stop using the Site. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email or mailing address so that you continue to receive all Communications without interruption.
4. User Conduct Guidelines; Monitoring. The following terms apply to your conduct when accessing or using the Site you agree not to: (a) interfere with or disrupt the Site or the servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; (b) reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Site, use of the Site, or access to the Site; (c) violate the security of the Site through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network; (d) use the Site for illegal activities or for a purpose that would constitute a criminal offense or give rise to civil liability; and (e) impersonate any person or entity, including, but not limited to, Corval or any Corval employee, or falsely state or otherwise misrepresent your affiliation with any person or entity.
5. Corval Content. All information, materials, documents, text, graphics, illustrations, videos, webinars, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, applications, software and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Corval, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. You may display, copy and download Content from the Site solely for your personal and non-commercial use provided that: (a) you do not remove any copyright or proprietary notice from the Content; (b) such Content will not be copied or posted on any networked computer or published in any medium; and (c) no modifications are made to such Content.
In addition, Corval may make available from time to time a variety of educational Content including without limitation articles, video tutorials, and webinars (“Education Content”). Corval grants you a limited nonexclusive right to access and use the Education Content solely to assist you in your own personal use of Corval’s Services. Education Content is subject to change without notice in Corval’s sole discretion. Education Content is provided for informational purposes only and is not directed to or intended for distribution or use by third parties. Education Content is collected, maintained and provided purely for convenience and Corval is not responsible for any errors, decisions or omissions relating to the information provided. Education content should not be relied upon for any specific purpose and no representation or warranty is given for its accuracy or completeness.
6.1 Any information provided to Corval through the Site regarding current or future Corval Services, including without limitation bug reports and feature requests, including all intellectual property rights therein and thereto (“Feedback”) is hereby irrevocably assigned by you to, and hereby deemed the property of, Corval. Corval shall be free to use such information on an unrestricted basis. You agree to execute any documentation required by Corval (in our sole discretion) to confirm such assignment to, and unrestricted use and dissemination by, Corval of any Feedback. Further, in connection with any Feedback you provide to Corval through the Site, to the extent that your submission is not assigned to Corval for any reason including but not limited to being outside the scope of first part of this clause, you agree that such Feedback is provided to Corval on a non-confidential basis and by uploading, emailing, posting, disclosing, publishing or otherwise transmitting such Feedback to the Corval Site or otherwise to Corval you automatically grant (or warrant that the owner of such rights has expressly granted) to Corval and its designees royalty-free, fully paid, perpetual, irrevocable, non-exclusive, worldwide right and license to use, publish, reproduce, modify, adapt, edit, translate, make, have made, reformat, distribute, publicly display and perform, create derivative works from, incorporate into other works, distribute, sublicense (through multiple tiers) and otherwise commercially exploit create derivative works of and otherwise commercially exploit any Feedback (in whole or in part) in any form, media or technology now known or hereafter developed without restrictions of any kind and without any payment, or permission or notification, to you or any third party, or other consideration of any kind. In addition, you warrant that all so-called moral rights in the Feedback have been waived and agree not to assert such rights against us. You represent and warrant to us that you have the full legal right, power and authority to grant to us the license provided for herein, that you own or control the complete exhibition and other rights to the Feedback you submitted for the purposes contemplated in this license and that neither the Feedback nor the exercise of the rights granted herein shall violate these Terms, or infringe upon any rights, including the right of privacy or right of publicity, or constitute a libel or slander against, or violate any common law or any other right of, or cause injury to, any person or entity. You further grant to us the right, but not the obligation, to pursue at law any person or entity that violates your or our rights in the Feedback. by submitting Feedback to us, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to us through the Site may be read or intercepted by others.
7. Disclaimer of Warranty; Limitation of Liability.
(A) YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. CORVAL AND ITS EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, THIRD-PARTY SERVICE PROVIDERS AND LICENSORS DO NOT WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, NOR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SITE.
(B) THE SITE (AND ALL INFORMATION AND CONTENT PROVIDED THROUGH THE SITE) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS.
(C) TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL CORVAL BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF THE SITE OR CONTENT OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE SITE, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF CORVAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
(D) You hereby release and hold harmless the Corval and their respective employees, directors, officers, licensees and assigns and each of their respective designees (“Corval Released Parties”) with respect to any claims, suits, demands, actions, damages, costs, losses, expenses and any other liabilities, including reasonable attorneys’ fees, due to or arising out of your access to and use of the Site including without limitation your use of any Corval Content (including without limitation any Education Content). You acknowledge and agree that the relationship between you and Corval is not a confidential, fiduciary, or other special relationship.
(E) We disclaim any and all liability of any kind for any unauthorized access to or use of your personal data and personally identifiable information. By accessing the Site, you acknowledge and agree to our disclaimer of any such liability. If you do not agree, you should not access or use the Site.
8. Indemnification. You agree to defend, indemnify and hold harmless Corval, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, demands, suits, actions, investigations, damages, losses, costs, expenses and all other liabilities, including without limitation attorneys’ fees, arising out of (a) your breach of these Terms, (b) your acts or omissions and/or (c) your access to and use of (including without limitation any misuse of) the Site including without limitation any Feedback you submit to Corval and any your use of any Corval Content or Education Materials. Corval reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide Corval with such cooperation as is reasonably requested by Corval.
9. Termination. We may terminate or suspend these Terms at any time without notice to you. Without limiting the foregoing, we shall have the right to immediately terminate your access to the Site in the event of any conduct by you which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of these Terms. The provisions of Sections 2, and 5-16 shall survive termination of these Terms.
10. Governing Law. The Site and its Content are presented for the purpose of providing information and education with respect to Corval’s Services that are made available (or may become available) from Corval’s facilities in the United States. Any and all disputes, claims and controversies arising out of or in connection with your access to, and/or use of the Site, and/or the provision of content, services, and/or technology on or through the Site shall be governed by and construed exclusively in accordance with the federal laws of the United States and the laws and decisions of the Commonwealth of Massachusetts applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws provisions. You agree to the personal jurisdiction and venue in the federal and state courts located in Suffolk County, Massachusetts, and waive any objection to such jurisdiction or venue. Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Corval and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. In case of a dispute between the parties relating to or arising out of this Agreement, the parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following county: Suffolk. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the following state: Massachusetts. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by Corval will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
11. Copyrights and Copyright Agent. We respect others’ intellectual property rights, and expect our users and customers to do the same. If you believe that your work has been copied on the Site in a way that constitutes copyright infringement, please follow the procedures set forth in our DMCA Policy at [insert link].
12. Links to Other Site. Our Site may link to other third party sites which are not under our control. Corval is not responsible for the content of any linked site or any link contained in a linked site. Corval reserves the right to terminate any link at any time. Corval may provide links from its Site to other sites as a convenience to you and in no way should this be interpreted as an endorsement of any company, content or products to which it links. If you decide to access any of the third party sites linked to our Site, you do this entirely at your own risk. Please note that when you conduct transactions with other companies providing content via our Site, you will also be subject to their privacy policies. CORVAL DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO ANY SUCH LINKED SITES, INCLUDING BUT NOT LIMITED TO ANY TERMS AS TO THE ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE.
13. Trademarks. The trademarks, service marks and logos of Corval and its licensors used through the Site (“Trademarks”) are the property of Corval or its licensors, as applicable. You have no right to use any such Trademarks, and nothing contained in our Site or these Terms grants any right to use (by implication, waiver, estoppel or otherwise) any Trademarks without the prior written permission of Corval.
You acknowledge and agree that Corval may preserve any transmittal or communication by you with Corval through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Corval determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Corval, its employees, users of or visitors to the Site, and the public.
If Corval does take any legal action against you as a result of your violation of these Terms, Corval will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Corval. You agree that Corval will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms.
15. Export Restrictions. The United States export control laws and regulations, including the Export Administration Regulations of the U.S. Department of Commerce, and other applicable laws and regulations apply to the Site, and prohibit the export or re-export of content, products, services, and technology to certain countries and persons. You agree to comply with all export laws, regulations and restrictions of the United States and any foreign agency or authority and assume sole responsibility for any such unauthorized exportation.
Although the Site are accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Corval reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
If you have any questions regarding the Terms, please contact us at firstname.lastname@example.org. For other general questions, please contact us at email@example.com.