Last Updated: February 15, 2017
By using Corgee, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use Corgee. If you are using Corgee on behalf of an organization (such as your employer), you are agreeing to these Terms for that organization, and are indicating that you have the authority to bind that organization to these Terms. In that case, “you” and “your” will refer to that organization.
We may revise the Terms from time to time. If a revision is material, as determined solely by us, we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our website, so please check that regularly. The most current version will always be posted on our Terms page. By continuing to use Corgee after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using Corgee.
Your Information and Responsibilities
To use Corgee, you’ll need to create an account, either via Corgee or through your account with a third-party service such as Google. In the latter case, your Corgee account will be created using the information you provided to that service, such as your name and email address and other personal information that your privacy settings on that service permit us to access.
You may use Corgee only if you are 13 years or older and are not barred from using Corgee under applicable law.
You are responsible for safeguarding the password that you use to access Corgee. You are responsible for any activity on your account, whether or not you authorized that activity. You should immediately notify Corgee of any unauthorized use of your account.
By using Corgee, you provide us with text, graphics, images and other information (“your content”). You retain full ownership to your content. Corgee does not claim any ownership rights to your content. However, you are also solely responsible for your content. You indicate that you own or have the necessary rights to all of your content, and that use of your content does not infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You can remove your content by deleting it. However, in certain instances, some of your content (such as documents created by others that you have contributed to) may not be completely removed and copies of your content may continue to exist on Corgee. We’re not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your content.
Corgee Intellectual Property Rights
Corgee and its licensors exclusively own Corgee, including all associated intellectual property rights. You acknowledge that Corgee is protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights or notices incorporated in or accompanying Corgee.
Corgee grants you a limited, non-exclusive, non-transferable license to view, copy, and display Corgee solely in connection with your permitted use of Corgee.
You agree not to do—or attempt to do—any of the following:
- Probe, scan, or test the vulnerability of any Corgee system or network or breach any security or authentication measures;
- Access, tamper with, or use non-public areas of Corgee, Corgee’s computer systems, or the technical delivery systems of Corgee’s providers;
- Decipher, decompile, disassemble or reverse engineer any of the software used to provide Corgee;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including sending a virus, overloading, flooding, spamming, or mail-bombing Corgee;
- Access or search Corgee or download any intellectual property from Corgee through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than our publicly supported interfaces;
- Plant malware or use Corgee to distribute malware;
- Send any unsolicited communications, promotions, advertisements or spam;
- Send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
- Post or transmit anything that is fraudulent or misleading, or that infringes on others’ rights;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate the privacy of others;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the above.
Although we’re not obligated to monitor access to or use of Corgee or your content or to review or edit any of your content or the intellectual property of other Corgee users, we have the right to do so for the purpose of operating Corgee, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any of your content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any of your content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects Corgee. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
We respect copyright law and expect you to do the same. It’s our policy to terminate those accounts that repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Corgee’s DMCA Policy (at https://Corgee.com/about/dmca) for more information.
We may suspend Corgee or terminate your access to and use of Corgee, at our sole discretion, at any time and without notice to you. For example, we may suspend or terminate your use if you are not complying with these Terms, or use Corgee in any way that would cause us legal liability or disrupt others’ use of Corgee. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately. You may cancel your account at any time by sending an email to email@example.com.
CORGEE OR OUR LICENSORS’ INTELLECTUAL PROPERTY ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT CORGEE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY OF OUR INTELLECTUAL PROPERTY.
You will indemnify and hold harmless Corgee and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of Corgee or our licensors’ intellectual property; (ii) your content; or (iii) your violation of these Terms.
Limitation of Liability
NEITHER CORGEE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING CORGEE, INCLUDING OUR LICENSORS, WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE CORGEE OR OUR LICENSORS’ INTELLECTUAL PROPERTY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CORGEE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL CORGEE’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE CORGEE OR TO ACCESS YOUR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO CORGEE FOR USE OF CORGEE OR TWENTY DOLLARS ($20), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO CORGEE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CORGEE AND YOU.
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.
Agreement to Arbitrate
You and Corgee agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of Corgee (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You acknowledge and agree that you and Corgee are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Corgee otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure
Unless you and Corgee otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Corgee submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorney’s fees and expenses, to the extent provided under applicable law. Corgee will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Corgee will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions of the “Modification” section above, if Corgee changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to firstname.lastname@example.org) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Corgee’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Corgee in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
These Terms constitute the entire and exclusive understanding and agreement between Corgee and you regarding Corgee, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Corgee and you regarding Corgee, except that if you become a party to Corgee’s Business Agreement, either before or after reviewing these Terms, the terms and conditions of the Business Agreement will govern over any conflicting provisions herein. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Corgee’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Corgee may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Corgee under these Terms, including those regarding modifications to these Terms, will be given: (i) by Corgee via email; or (ii) by posting to our website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Corgee’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Corgee. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms, please contact us at:
2206 South 3rd Street
Austin, Texas 78704
Last Updated: February 15, 2017
Information We Collect and How We Use It
When you create an account, we collect certain information that can be used to identify you, such as your name, email address, and if you are using a paid account, postal address, phone number, and credit card billing information (“personally identifiable information” or “PII”). We may also collect information like your gender, date of birth and zip code. If you choose to create a Corgee account via a third-party service such as Google or Facebook, you may have to provide us with your username or user ID so that your identity can be authenticated. When the authentication is complete, we’ll be able to access certain information based on your permissions from the third-party service. We don’t receive or store passwords for any accounts on third-party services.
INFORMATION COLLECTED USING COOKIES
INFORMATION RELATED TO USE OF CORGEE
Our servers automatically record information about how a person uses Corgee, including IP addresses, browser types, operating systems, pages or features of Corgee that were used and time spent on them, search terms and other statistics. We use and analyze (and may engage third parties to analyze) this information to customize and improve Corgee. We also use IP addresses to generate aggregate, non-identifying information about how Corgee is used.
In some cases we collect and store information about where you are located, such as by converting your IP address into a rough geolocation. We may use location information to improve and personalize Corgee.
Information We Share With Third Parties
We’ll only share your PII in the following cases:
- We use a third-party service provider that requires it, such as for payment processing, data storage, and hosting and servers.
- We need to disclose it as part of a business transaction. Information that we collect from our users, including PII, is considered to be a business asset. As a result, if we go out of business or enter bankruptcy or if we are acquired as a result of a transaction such as a merger, acquisition or asset sale, your PII may be disclosed or transferred to the third-party acquirer in connection with the transaction.
- We need to do so for legal reasons or to protect ourselves or others. We strongly believe in protecting you from having your privacy violated through abuse of legal systems, whether by individuals, entities or government, and in contesting claims that we believe to be invalid under applicable law. However, we reserve the right to disclose any information about you to government or law enforcement officials or private parties if we believe it is necessary to satisfy or comply with any applicable law, regulation or legal process; to respond to lawful requests; to protect the rights, property and safety of us or others; and to prevent or stop activity we consider to be illegal or unethical.
- You expressly ask us to do so.
We may share aggregated information and non-identifying information with third parties for industry analysis, demographic profiling and other similar purposes.
Modifying Your Information
To delete your PII and cancel your account, please send an email to email@example.com. We’ll take steps to delete your information as soon as is practicable, but some information may remain in archived/backup copies for our records or as otherwise required by law.
Your PII may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction. If you’re located outside the United States and choose to provide your PII to us, we may transfer your PII to the United States and process it there.
Corgee complies with the US-EU Safe Harbor Framework and US-Swiss Safe Harbor Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. Corgee has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view our certification page, please visit http://www.export.gov/safeharbor/.
2206 South 3rd Street
Austin, Texas 78704
Corgee has further committed to refer unresolved privacy complaints under the US-EU and US-Swiss Safe Harbor Principles to an independent dispute resolution mechanism, the BBB EU SAFE HARBOR, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/us/safe-harbor-complaints for more information and to file a complaint.
Our Policy Towards Children
Corgee is not directed to children under 13 and we do not knowingly collect PII from children under 13. If we learn that we have collected PII of a child under 13, we will take steps to delete such information from our files as soon as is practicable.
Copyright & Intellectual Property Policy
Last Updated: February 15, 2017
Notification of Copyright Infringement
Corgee respects the intellectual property rights of others and expects its users to do the same.
It is Corgee’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Corgee will respond expeditiously to claims of copyright infringement committed using Corgee that are reported to Corgee’s Designated Copyright Agent, identified in the sample notice below.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Sites by completing the following DMCA Notice of Alleged Infringement and delivering it to Corgee’s Designated Copyright Agent. Upon receipt of the notice as described below, Corgee will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from Corgee.
DMCA Notice of Alleged Infringement
- Identify the copyrighted work that you claim has been infringed, or—if multiple copyrighted works are covered by this Notice—you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on Corgee where such material may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the notice:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
- “I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature.
Deliver this notice, with all items completed, to Corgee’s Designated Copyright Agent:
2206 South 3rd Street
Austin, Texas 78704
Notification of Other Intellectual Property (“IP”) Infringement
If you believe that some other IP right of yours is being infringed by a user, please provide Corgee’s Designated Copyright Agent (specified above) with the following information:
- Your full legal name and your electronic or physical signature.
- Information reasonably sufficient to permit Corgee to contact you or your authorized agent, including a name, mailing address, telephone number and, if available, an email address.
- Identification of the IP alleged to have been infringed, including (i) a complete description or explanation of the nature of the IP, (ii) evidence that you own the IP in the relevant jurisdiction, including copies of relevant patents, registrations, certifications or other documentary evidence of your ownership, and (iii) a showing sufficient for Corgee to determine without unreasonable effort that the IP has been infringed.
- Information reasonably sufficient to permit Corgee to identify the use being challenged.
- Include both of the following statements in the body of the notice:
- “I hereby state that I have not authorized the challenged use, and I have a good-faith belief that the challenged use is not authorized by law.”
- “I hereby state under penalty of perjury that all of the information in the notification is accurate and that I am the owner of the IP, or authorized to act on behalf of the owner of the IP.”
Upon receipt of notice as described above, Corgee will seek to confirm the existence of the IP on Corgee, notify the user who posted the content including the IP, and take whatever action, in its sole discretion, it deems appropriate, including temporary or permanent removal of the IP from Corgee.
Online Corgee Business Agreement
Last Updated: February 15, 2017
Thanks for using Corgee!
By accessing or using the Services for business purposes, you agree to this Agreement. You may use the Services only if you have the legal power and capacity to form a contract with us. You will ensure that you have all rights and permissions needed to comply with this Agreement.
If you agree to this Agreement on behalf of an organization, you represent that you have the authority to bind that organization to this Agreement. In that case, “you” and “your” will refer to that organization.
You retain full ownership of all content you submit to the Services (your “Data”). We do not claim any ownership to any of it.
We will use, at a minimum, industry standard technical and organizational security measures to transfer, store, and process your Data. These measures are designed to protect the integrity of your Data and guard against the unauthorized or unlawful access to, use, and processing of your Data. However, we will not be liable for any loss or corruption of your Data caused by you or others you have granted access to your Data, or for any costs or expenses associated with backing up or restoring any of your Data.
You agree that we may transfer, store, and process your Data in locations other than your country.
Your Use of the Services
You are solely responsible for your conduct, your Data, who you grant access to your Data and your communications with others while using the Services. You will not, and will not attempt to, use the Services to violate this Agreement, any laws, any of our rights or any rights of another person. You will promptly notify us of any unauthorized use or access to the Services.
If you uses any third-party service (e.g., a service that uses the Corgee API) with the Services, we will not be responsible for any act or omission of the third party, including the third party’s access to or use of your Data. We do not warrant or support any service provided by the third party.
If you use the Services for business purposes, we require that you purchase a license to do so. You may purchase a license via email us at firstname.lastname@example.org to inquire about other payment methods. You authorize us to charge your selected payment method for all applicable fees, including all taxes, related to the required license. You are responsible for providing complete and accurate billing and contact information to us.
IF YOUR ACCOUNT IS SET TO AUTO RENEWAL, WE MAY AUTOMATICALLY CHARGE AT FOR THE RENEWAL, UNLESS YOU NOTIFY US THAT YOU WANT TO CANCEL OR DISABLE AUTO RENEWAL.
We may revise Service rates, for example, to increase your number of licensed seats or to charge for additional features. We will provide you with notice of any increase.
We may suspend or terminate the Services if fees are past due. Fees are non-refundable except as required by law.
We may disclose on our website or other promotional materials that you use our Services and may include your company name or logo or both in connection with such materials.
Changes to the Services
The Services will continue to evolve as we refine features and functionality. If we change the Services in a manner that materially reduces their functionality, we will inform you.
Third Party Requests
You are responsible for responding to any requests from a third party for records relating to your use of the Services (“Third Party Requests”), including subpoenas, court orders, valid search warrants or any other requests. You are responsible for responding to Third Party Requests via your own access to information. You will contact us only if you cannot obtain such information after diligent efforts.
We will make commercially reasonable efforts, to the extent allowed by law and by the terms of the Third Party Request, to promptly notify you of a Third Party Request we have received; to comply with your commercially reasonable requests regarding efforts to oppose the Third Party Request; and to provide you with information you require to respond to the Third Party Request (if you are otherwise unable to obtain the information after diligent efforts). If you fail to promptly respond to any Third Party Request, then we may, but will not be obligated, to respond.