Last Updated: July 9, 2018
SITE ACCESS AND USE
You agree not to:
- collect information from the Services using an automated software tool or manually on a mass basis;
- use automated means to access the Services, or gain unauthorized access to the Services or to any account or computer system connected to the Services;
- obtain, or attempt to obtain, access to areas of the Site or our systems that are not intended for access by you;
- “flood” the Services with requests or otherwise overburden, disrupt, or harm the Services or our systems;
- restrict or inhibit other users from accessing or using the Services; or
- modify or delete any copyright, trademark, or other proprietary rights notices that appear on the Site or in the Content.
1. Digital Products
The Digital Products include the website (www.companyweek.com) and certain data products sold as part of certain subscription packages. You are not necessarily required to purchase anything to use the Site. If you do not purchase a subscription or product, however, your access to the Digital Products will be limited. We reserve the right to modify the content, type and availability of any Digital Product at any time.
a. Auto-renewing Subscription. Your Digital Products subscription, which may start with a promotional rate, will auto-renew at the end of the cycle stated at the time of your order (“Billing Period”) unless and until you cancel your subscription or we terminate it. You can view the date of your next scheduled payment by visiting our website and clicking on the “My Account” link. You will not receive a notice from us that your promotional period has ended or that your subscription has auto-renewed.
b. Differing Subscriptions/Promotions. We offer a number of types of subscriptions, including subscriptions to different Digital Products. You can view CompanyWeek’s subscription packages at www.companyweek.com. You can find specific details regarding your current subscription by clicking on the Login on the Site. We reserve the right to change or terminate any offered subscriptions or promotions at any time.
a. Payment Method. You can pay for your subscription with a major credit card or company check after invoicing. Only credit cards checks are eligible for payment. Do not sign up for a subscription by identifying a debit card in the credit card option. A debit card may also be known as a “check” or “ATM” card and typically has the word “debit” on it. You may edit your Payment Method information by visiting the Site and clicking on the “My Account” link. If your payment is unsuccessful by reason of insufficient funds, expiration, or otherwise, you remain responsible for any uncollected amount.
b. Recurring Billing. By placing an order for a subscription, you authorize us to charge you the subscription fee then in effect at the beginning of each Billing Period, plus applicable taxes (if any), to your Payment Method. You acknowledge that the amount charged each Billing Period may vary for reasons that may include price changes, changing your subscription, or changes in applicable taxes, and you authorize us to charge your Payment Method for such varying amount each Billing Period. Applicable taxes may vary. For example, you authorize us to charge your Payment Method the promotional rate disclosed on the subscription screen in the initial Billing Period (if applicable) and the regular subscription rate in subsequent Billing Periods, each with applicable taxes. We automatically charge your Payment Method on the first day of each Billing Period. We reserve the right to change the timing of our billing, in particular, in the event your Payment Method has not successfully settled. If your Payment Method is declined for a recurring payment of your subscription fee, you have five (5) days to provide us a new Payment Method or your subscription will be canceled.
c. Price Changes. We reserve the right to change subscription fees for any of our subscriptions or Digital Products at any time. We will notify you of any changes if the regular fee for your subscription or Digital Product changes from what was stated at the time of your initial order. You will have an opportunity to cancel your subscription at that time. If you do not cancel your subscription, you will be charged the new subscription fee at your next Billing Period.
d. Billing Period. We will charge the subscription fee at the commencement of your subscription or, if applicable, at the end of your free trial period, and automatically on the first calendar day of each Billing Period thereafter unless and until your subscription is cancelled.
4. Cancellation, and Refund
a. Cancellations. You can cancel your subscription at any time by going to the My Account page. You must cancel your subscription before it renews for a new Billing Period to avoid billing of the next Billing Period’s subscription fees to your Payment Method. That is, when you cancel your subscription, you cancel only future charges associated with your subscription, and you will not receive a refund for the current Billing Period. Your cancellation will become effective at the end of your current Billing Period, and you will continue to have access to your subscription and Digital Products for the balance of the Billing Period.
b. Refunds. Payments are non-refundable, and there are no refunds or credits for partially used Billing Periods. We reserve the right, however, to issue refunds or credits at our sole discretion. If we issue a refund or credit in one instance, we are under no obligation to issue the same refund or credit in the future.
In order to access or use the Digital Services and some features of the Site, you must become a registered user. If you are under the age of 18, then you are not permitted to register as a user or otherwise submit personal information.
If you become a registered user, you agree to provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create an account with a user name and password (a “Membership”), which may permit you access to Digital Products and certain areas of the Site not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Membership. You are solely responsible for the activity that occurs under your Membership, whether or not you have authorized the activity. You agree to notify us immediately of any breach of security or unauthorized use of your Membership. We are not liable for any loss or damage arising from your failure to protect your username or password.
CHANGES TO THE SERVICES
CompanyWeek reserves the right to make changes to, suspend, or discontinue (temporarily or permanently) the Services or any portion thereof (including any Content) at any time. You agree that we will not be liable to you or to any third party for any such change, suspension, or discontinuance.
The Services and Digital Products (including the Content) are owned by CompanyWeek and/or its licensors and are protected under copyright, trademark, and other applicable United States and international laws and treaties. Without limiting the foregoing, the trademarks, service marks, and logos displayed on the Site are registered and unregistered marks of CompanyWeek and its licensors. You acknowledge and agree that, as between you and CompanyWeek, we are and shall remain the sole owner of the Services and the Content, including, without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights therein and thereto.
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (collectively, the “Advertisers”) such as our (and third-party) advertisers, sponsors, or promotional partners as a result of your use of the Site. All such communication, interaction, and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts, or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).
ADVERTISEMENTS, SEARCHES, AND LINKS TO OTHER SITES
CompanyWeek may provide links to third-party websites. We do not recommend and do not endorse the content on any third-party websites and are not responsible for the content of linked third-party websites, websites framed within the Site, or third-party advertisements and make no representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites. CompanyWeek does not endorse any product, service, or treatment advertised on the Site.
RELIANCE ON CONTENT
We provide the Site and Digital Products, including the Content, for informational, educational, and promotional purposes only. You may not rely on any information and opinions expressed on our Site or Digital Products for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of the Digital Products and Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any of the Digital Products and Content.
In most instances, the Content will include materials provided by a third-party or will represent the opinions and judgments of a third party. We do not endorse or warrant, and are not responsible for, the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on the Site or Digital Products by anyone other than authorized employees or spokespersons of CompanyWeek while acting in their official capacities.
If there is a dispute between persons accessing the Digital Products or Site or between persons accessing the Digital Products or Site and any third party, you understand and agree that we are under no obligation to become involved. If there is such a dispute, you hereby release CompanyWeek and our officers, directors, employees, successors, agents, affiliates, subsidiaries, and related companies from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.
DISCLAIMERS OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE DIGITAL PRODUCTS AND SITE ARE AT YOUR SOLE RISK. THE DIGITAL PRODUCTS, SITE, AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANYWEEK AND OUR OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, AGENTS, AFFILIATES, SUBSIDIARIES, AND RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE DIGITAL PRODUCTS OR CONTENT WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE DIGITAL PRODUCTS, SITE OR CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR ACCESSED THROUGH THE SITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE DIGITAL PRODUCTS OR SITE; (6) WARRANTIES THAT YOUR USE OF THE SITE WILL BE SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.
LIMITATION ON LIABILITY
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF COMPANYWEEK AND OUR OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, AGENTS, AFFILIATES, SUBSIDIARIES, AND RELATED COMPANIES EXCEED THE GREATER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY THE ABOVE LISTED PARTIES DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100.
In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.
AMENDMENT; ADDITIONAL TERMS
Attention: Bart Taylor
6111 Diamond Ridge Parkway
Castle Rock CO 80108
Notice to California Residents. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
The Site is a general audience site. We do not knowingly collect any personal information from children under the age of thirteen on the Site. If in the future, we collect personally identifiable information from children, we will do so in compliance with the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6501 et seq.). The Internet offers children wonderful educational and entertainment resources. Your guidance and involvement are essential to help ensure that children have a safe and rewarding online experience. We encourage you to visit the Direct Marketing Association’s Web site (www.the-dma.org) and explore the Get CyberSavvy! Program as well as the GetNetWise Web site (www.getnetwise.org) to learn more about parental control tools
ACTIVE INFORMATION COLLECTION
Like many Web sites, this Site actively collects information from its visitors both by asking them specific questions and by permitting them to communicate directly with us via e-mail, feedback forums, chat rooms, blogs and so forth. Some of the information that you submit may be personally identifiable information (that is, information that can be uniquely identified with you, such as your full name, address, e-mail address, phone number and so on).
Some areas of this Site may require you to submit information in order for you to benefit from the specified features or activities (such as newsletter subscriptions, tips/pointers, order processing, business opportunities, facilitating business to business networking, information on manufacturers and their products, information on business services and so forth). You will be informed at each information collection point what information is required and what information is optional.
PASSIVE INFORMATION COLLECTION
As you navigate through this Site and/or receive emails in connection with this Site, certain information may be passively collected (that is, gathered without your actively providing the information) using various technologies and means, including, without limitation, those described below:
As with many websites, this Site uses standard technology called “cookies,” which are small data files that are transferred to your computer when you allow your browser to accept cookies. Cookies automatically identify your Web browser to the Site whenever you visit the Site, and make your using the Site easier for you by saving your passwords, purchases, tracking business preferences, product and services preferences and so forth. By tracking how and when you use the Site, cookies help us determine which areas are popular and which are not. Many improvements and updates to the Site are based on data obtained from cookies.
IP ADDRESSES AND AUTOMATIC INFORMATION
We may collect IP addresses and/or automatic information for purposes of system administration and to report aggregate information to our advertisers and sponsors. An IP address is a number that is automatically assigned to your computer whenever you access the Internet. Our computers identify your computer by its IP address. When you request web pages from the Site, our computers log your IP address.
Automatic information is information collected by our computers when you request web pages from the Site. Automatic information may include such information as the page served, the time, the source of the request, the type of browser making the request, the preceding page view and other such information. When analyzed, this data helps us analyze how visitors arrive at the Site, what type of content is most popular, what type of visitors in the aggregate are interested in particular kinds of content and advertising, business interest, networking potential, information capture and areas of interest for tracking purposes, business preferences, networking preferences, activity preferences or the like.
INFORMATION FROM OTHER SOURCES
From time to time we, and/or our operational partners may receive information about you from other sources and add it to the data previously collected about you.
USE AND DISCLOSURE OF INFORMATION
If you provide personally identifiable information to this Site, we may combine such information with other actively collected information unless specified otherwise at the point of collection on this Site. We may combine personally identifiable information with passively collected information.
We may disclose your personally identifiable information:
i. to third parties located in Rocky Mountain region, the United States and/or any other country;
ii. to our affiliates;
iii. to our sponsors;
iv. to Rocky Mountain business and manufacturing organizations;
v. to select companies or organizations which we believe may offer products, services, materials or information of interest to visitors to this Site;
vi. to third parties we use to support our business (including fulfillment services, technical support, delivery services, chat service providers, email service providers, forum service providers, advertisement sales and management services and financial institutions);
vii. in connection with the sale, assignment or other transfer of the business of this Site to which the information relates;
viii. in connection with tracking business, product or service interests; or
ix. where required by applicable laws, court orders or government regulations.
In addition, we will make full use of all information acquired through this Site that is not in personally identifiable form.
THIRD-PARTY AD SERVING & AUDIENCE AND TRAFFIC MEASUREMENT SERVICES
The Site may use third- party network advertisers to serve the advertisements on the Site or may use a traffic measurement service to analyze the traffic on the Site. Network advertisers are third parties that display advertisements based on your visits to this Site and other web sites you have visited. Third-party advertisement servers enable us to target advertisements to you for products or web sites in which you might be interested. Although advertisers or other companies do not have access to the Site cookies, the Site’s advertisers, sponsors, and/or traffic measurement services may themselves set and access their own cookies on your computer if you choose to have your cookies enabled in your browser. Cookies allow third- party advertisers to show you advertisements or content in which you might be interested. Other companies' use of their cookies is subject to their own privacy policies, not this one. We assume no liability or responsibility for such other companies.
Visit http://www.networkadvertising.org/optout_nonppii.asp in order to learn more about the information collection practices and "opt-out" procedures of third- party ad servers we may use.
ACCESS AND CORRECTION
To keep your personally identifiable information accurate, current and complete, please contact us as specified below. We will take reasonable steps to update or correct personally identifiable information in our possession that you have previously submitted via this Site.
LINKS TO OTHER WEB SITES
HOW TO CONTACT US
Attention: Bart Taylor
6111 Diamond Ridge Parkway
Castle Rock CO 80108
CALIFORNIA PRIVACY RIGHTS
Pursuant to Section 1798.83 of the California Civil Code, our users who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact the following with such request:
Attention: Bart Taylor
6111 Diamond Ridge Parkway
Castle Rock CO 80108
You are entitled at any time to unsubscribe to this Site as provided for on the Site.