Home > Terms and Conditions

CorpCasts Terms of Use

This website, CorpCasts.com (the “Site”), is sponsored by Compliance Service Organization, Inc.(“CorpCasts,” “we” or “us”), whose principal place of business is Delaware. The Site offers our customers an online service (the “Services”) that provides secure, customized web pages (the “User Site”) to which you as a customer can upload your own content and data (“User Content”); customize and purchase our videos and presentations on OSHA, FMLA, harassment-avoidance training and other HR and compliance topics (the “Compliance Content”); and track, manage, train and test on the use and understanding of these posted materials by your employees, shareholders, customers, clients and others. (Your User Content and our Compliance Content are referred to collectively as the “Broadcast Content.”).

The following paragraphs describe the terms and conditions that apply to you as a customer of our Services (though you may be required to agree to additional terms when you purchase specific products or use specific services). By ordering any or our products or services (doing which will automatically direct you to these Terms of Use), you signify that you have read, understand and agree to be bound by the following terms, conditions and limitations and the accompanying Privacy Policy (together, the “Terms”).

By [clicking the “accept” box below or] using the Services you represent (i) that you have been authorized to accept these Terms on behalf of the customer (the entity on whose behalf you are authorized to act, in which event “you” and “your” refer to you and that entity) or (ii) that you intend to be personally bound to the Terms as the customer. If you are not so authorized or do not intend to be personally bound, then we are unwilling to provide the Services to you and your use of them is prohibited. If you accept these Terms on behalf of an entity on whose behalf you are authorized to act, you may use the Services only on behalf of that entity. If you intend to be personally bound, use of the Services is limited to your personal use.

We reserve the right to change, modify and delete provisions of our Terms at any time. If we do so, we will post the changes on this page or email you a notice, indicating the effective date. Your continued use of the Services after such notice constitutes your acceptance of the modified Terms. If you do not agree to abide by these or any future Terms, you are not permitted to use or access the Service.

1. Eligibility; Registration

Use of the Services is restricted to individuals age 18 or older and business entities (corporations and limited liability companies), provided that any owner or representative of a business that is accepting these Terms in order to use the Services must also be 18 or older. By [clicking I ACCEPT below or] using the Services you represent that you are age 18 or older and that you and the business customer you represent agree to abide by the Terms.

When using the Services you agree to: (i) provide accurate, current and complete information as requested by the registration screens and interfaces; (ii) promptly update this data whenever it changes; (iii) maintain the security of your passwords and access codes; and (iv) be fully responsible for all uses of your User Site and account.

2. Use of the Services

You agree to use the Services only for purposes that (a) are permitted by the Terms and (b) comply with applicable laws, regulations and generally accepted practices in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other countries).

[You agree not to access (or attempt to access) any of the Services by any means other than through the interface we provide. This means, in part, that except for RSS feeds offered by CorpCasts, you agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.]

You agree that you will not engage in any activity that intentionally interferes with or disrupts the Services (or the servers and networks connected to the Services) and that you will not reproduce, duplicate, copy, sell, trade or resell the Services or any Compliance Content to any person or for any purpose, unless you enter into a separate written agreement with us that expressly permits that activity.

You agree that you are solely responsible for (and that CorpCasts has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences of any such breach. You will indemnify and hold harmless CorpCasts from any damage, loss or expense (including reasonable attorneys fees) it suffers or incurs as a result of your breach.

CorpCasts regularly tries to improve its Services. You acknowledge and agree that the form and nature of the Services which CorpCasts provides may change periodically without prior notice to you. You therefore acknowledge and agree that, as part of this continuing process of improvement, CorpCasts may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to Users generally at CorpCasts’s sole discretion, without prior notice. (If this means you are denied Services you’ve paid for, we will provide appropriate credits or refunds.)

3. Rules of Conduct and Good Behavior

Users are expected to behave appropriately. Therefore, you agree to monitor the uses made of the Services and Broadcast Content by your agents, employees, contractors, advisors and others who use or contract for the Services or communicate with us on your behalf. Without limiting the above, you agree that you and your personnel and representatives will not use the Services to:

  • upload, post, email, transmit or otherwise make available any content that we deem to be harmful, threatening, abusive, harassing, vulgar, obscene, indecent, unlawful, libelous, profane, defamatory, infringing, inappropriate, hateful or otherwise objectionable;
  • use or attempt to use another's account, service or system without proper authorization, or create a false identity on the Services or the Site;
  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • upload, post, email, transmit or otherwise make available any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • damage, disable or overburden the Services or violate the law;
  • intimidate, harass or annoy another.

4. NOT LEGAL ADVICE

CorpCasts does not practice law or provide legal advice. You expressly acknowledge and agree that the Compliance Content and any other materials provided by us or our business partners through the Site or Services are for informational and educational purposes only and are not a substitute for the professional judgment of an attorney, who can interpret and apply the law to your particular situation. Your reliance upon the Services and any associated products or services is solely at your own risk.

5. Privacy, Security, and Personal Information

CorpCasts’s privacy policies are described at http://www.CorpCasts.com/home/privacy, which explains how CorpCasts treats personal information entrusted to it. Our Services are designed so that you are generally not required (and are actively discouraged) from submitting identifiable information about individuals, so the amount of such data in our possession is minimal (generally limited to certain identifiable information of the personnel who subscribe to the Services on a User’s behalf).

We have adopted reasonable methods to prevent unauthorized access to the User Content and other information you submit to us. However, these measures depend on your using the mechanisms we provide to maintain security, including your responsibility to maintain the confidentiality of your CorpCasts passwords. Further, you recognize that no online system is foolproof and therefore you waive and release us from any claim for loss or damage caused by a breach of security, theft or misuse of your proprietary information stored or access on the User Site, loss or injury to individuals attributed to a security breach or identity theft, or similar problems, unless caused by our gross negligence or willful misconduct.

6. Rights in Content; Other Rights

You acknowledge and agree that CorpCasts or its licensors own all legal right, title and interest (including intellectual property rights) in and to the Services, Compliance Content and all other content, materials, products and services available to you via the Site or Services, except for any User Content you upload or contribute. Therefore, you may not modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or Compliance Content (either in whole or in part) unless you have been specifically authorized to do so by CorpCasts in a separate written agreement.

You agree that you are solely responsible for (and that CorpCasts has no responsibility to you or to any third party for) any User Content that you create, transmit or display while using the Services and for the consequences of your doing so (including any loss or damage which CorpCasts may suffer).

You represent with respect to any User Content or other material or information that you upload to the Site, User Site or Services that you either own and control the rights to this content and material, or that you own sufficient rights (by license or otherwise) to allow CorpCasts, you and your users to copy, store, display, stream and otherwise use such material as it will be used via the Services. You will indemnify and hold harmless CorpCasts from any damage, loss or expense (including reasonable attorneys fees) it suffers or incurs as a result of your breach of this representation. You hereby expressly authorize and license CorpCasts to reproduce, display and distribute any User Content or other materials or information which you submit, post or display on the User Site or through the Services.

CorpCasts reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all User Content from the Services, including due to reasonable concerns about accuracy, fairness, or consistency with applicable law.

Nothing in the Terms gives you a right to use – and therefore without express written permission you shall not use – any of CorpCasts’s trade names, trade marks, service marks, logos, domain names, or other distinctive brand features. You further agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Site, Services or Compliance Content.

7. Linked Sites and Resources

The Services may include hyperlinks to other web sites, content or resources. CorpCasts has no control over any web sites or resources that are provided by companies or persons other than CorpCasts. You agree that CorpCasts is not responsible for the availability of any such external sites or resources and does not endorse any advertising, products or other materials on or available from such web sites or resources. You also agree that CorpCasts is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

Your use of these other contents, data, services or goods may be subject to separate terms between you and the company or person providing them. If so, these Terms may not control your legal relationship with these other providers. It is your responsibility to understand and abide by the agreements of these other providers.

8. Terminating the Relationship

The Terms will continue to apply until terminated by either you or CorpCasts as set out below.

If you want to terminate your legal agreement with CorpCasts, you may do so by (a) notifying CorpCasts at any time and (b) closing your accounts for all of the Services which you use, where CorpCasts has made this option available to you.

CorpCasts may at any time, terminate its legal agreement with you if:

  • (a) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to, comply with the provisions of the Terms); or
  • (b) CorpCasts is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
  • (c) the partner with whom CorpCasts offered the Services to you has terminated its relationship with CorpCasts or ceased to offer the Services to you; or
  • (d) the provision of the Services to you by CorpCasts is, in CorpCasts’s opinion, no longer operationally viable.

When these Terms and our agreement come to an end, all of the legal rights, obligations and liabilities that you and CorpCasts have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of sections 9-10 and 12 below shall continue to apply to such rights, obligations and liabilities indefinitely.

9. EXCLUSION OF WARRANTIES

Except to the extent of any express commitments or service levels agreed to by us in a separate agreement, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.” CORPCASTS EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

IN PARTICULAR, CORPCASTS AND ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES OR COMPLIANCE CONTENT WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (B) ANY INFORMATION OBTAINED BY YOU FROM THE COMPLIANCE CONTENT OR AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (C) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICES WILL BE CORRECTED.

ANY MATERIAL OR INFORMATION STREAMED, DISPLAYED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF SUCH MATERIAL.

Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of certain liabilities. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you, and our liability (see Section 10 below) will be limited to the maximum extent permitted by law.

10. LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT CORPCASTS AND ITS SUBSIDIARIES, AFFILIATES AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

  • (A) ANY INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFITS GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA, COSTS TO PROCURE SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; OR
  • (B) ANY LOSS OR DAMAGE INCURRED BY YOU A RESULT OF: (I) YOUR RELYING ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY CONTENT ACQUIRED FROM US OR OUR BUSINESS PARTNERS; (II) ANY CHANGES WHICH CORPCASTS MAKES TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY USER CONTENT AND OTHER DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

11. Copyright Policy

CorpCasts respects the intellectual property rights of others. If you believe your User Content or other copyrighted work has been copied or used in a way that constitutes copyright infringement, or if you believe that any infringing material is offered through the Services, please contact us and provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located in the Services; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

The Company’s Designated Agent to receive notification of claimed infringement is _____, email: ______, phone: ____. This contact information is only for notices relating to copyright infringement; all other notices, comments, requests for support, or other communications should be sent to the contacts stated in “Communications” below.

12. General Legal Terms

The Terms, and any additional terms imposed at the time you purchase particular Services or goods from us, constitute the whole legal agreement between you and CorpCasts and govern your use of the Services (excluding any services CorpCasts may provide you under separate written agreements), and supersede any prior agreements between you and CorpCasts in relation to the Services.

You agree that CorpCasts may provide you with notices, including those regarding changes to the Terms, by email or postings on the Services.

You agree that if CorpCasts does not exercise or enforce any legal right or remedy which is contained in the Terms (or which CorpCasts has the benefit of under any applicable law), this will not be deemed a waiver of CorpCasts’s rights and that those rights or remedies will still be available to CorpCasts.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

The Terms, and your relationship with CorpCasts under the Terms, shall be governed by the laws of the state of Delaware without regard to its conflict of laws provisions. You and CorpCasts agree to submit to the exclusive jurisdiction of the courts located [___] to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that CorpCasts shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. [Arbitration Alternative]

13. Communications

If you wish to communicate with us about these Terms, your experience with our Services, or for other reasons, please contact us by phone, fax, land mail or email as follows:

Tel: 877.232.3681
Address:  9537 Tavernier Drive Boca Raton, FL 33496 
email: info@CorpCasts.com


30 September 2007