Last Updated: July 9, 2018
SITE ACCESS AND USE
You agree not to:
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.