InFront Compliance Terms of Use

InFront Compliance, Inc. (“IFC,” “we,” “our,” and/or “us”) owns and operates www.infrontcompliance.com and other sites linking to these Terms of Use, including the mobile versions of those sites (individually, the “Site”, or, collectively, the “Sites”). Through the Sites, IFC offers various compliance and assessment related products and services (our “Services”).  These terms of use (“Terms of Use”) are an agreement between you and IFC governing your access to and use of the Sites and Services, their functionality, and their content. If you use or access the Sites on behalf of a business or other entity, you must have authority to bind that business/entity. In such case, the term “you” includes the business/entity and any of its agents that use or access the Sites. By using or accessing the Sites, you represent and warrant that you are of legal age to accept these Terms of Use and form a binding contract with IFC.

PLEASE READ THE TERMS OF USE CAREFULLY. BY ACCESSING ANY PAGES ON THE IFC SITES; CREATING AN ACCOUNT; USING OR SUBSCRIBING TO ANY SERVICES THROUGH THE SITES; POSTING, SUBMITTING, TRANSMITTING OR UPLOADING ANY INFORMATION OR CONTENT THROUGH THE SITES OR SERVICES; OR USING ANY IFC SITE OR SERVICE, YOU EXPRESSLY AGREE THAT YOU HAVE READ AND THAT YOU UNDERSTAND AND AGREE TO THE TERMS, CONDITIONS, LIMITATIONS, NOTICES AND COVENANTS SET FORTH IN THESE TERMS OF USE AND ANY APPLICABLE POLICIES AND DISCLAIMERS REFERENCED HEREIN OR ON THE SITES OR SERVICES. DO NOT USE THE SITES OR THE SERVICES IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE AND OTHER POLICIES.

IFC has the sole right and discretion to revise and update these Terms of Use from time to time. All changes are effective immediately when posted. You are expected to check these Terms of Use from time to time so you are aware of any changes, as they are binding on you.  Your continued use of the Sites and the Services following such posting means that you accept and agree to the changes.  Your use of our Sites and Services is also subject to our Privacy Policy (www.infrontcompliance.com/infront-compliance-privacy-policy) and, if applicable, your subscription agreement with us.

Account Access and Security

You may choose to register and create an account in order to access certain content and functionality of the Sites, including on any of the IFC Services. If you choose to create an account, you must provide an email address and password and may be required to provide additional, authenticatable information. To protect your account security, you should choose a username and password that are not associated with your personal information. 

You are responsible for maintaining the confidentiality of your account, password, and other information. You agree not to provide any other person with access to it. You agree to notify IFC immediately if you become aware of any unauthorized access to or use of your account. You may be required to logout from your account at the end of each session or you may be automatically logged out after a certain time period. You should use caution when accessing your account from a public or shared computer so that others are not able to view or access your information. IFC may disable an account at any time in its sole discretion.

Any information you provide to IFC must be correct, current, and complete. IFC’s use of such information is governed by IFC’s Privacy Policy located at www.infrontcompliance.com/infront-compliance-privacy-policy. You consent to IFC’s use of such information consistent with the Privacy Policy.

User Content Standards

The Site and Services provide users with the ability to assess and measure compliance and related activity. The information you provide through the Site and Services for such purposes is referred to as “User Content,” and you agree that you will not post any User Content that (a) infringes or violates any other party’s intellectual property rights; (b) fails to comply with applicable laws and regulations, or (c) contains any expressions of hate, abuse, offensive images or conduct, or any similar content. Without limiting the foregoing, User Content must not:

  • contain any defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, sexually explicit, pornographic, or otherwise objectionable material;
  • promote sexually explicit or pornographic material, violence, or discrimination based on race, ethnicity, sex, religion, nationality, disability, sexual orientation or age;
  • cause annoyance, inconvenience or needless anxiety to or be likely to upset, embarrass, alarm, or annoy any other person;
  • violate any persons or party’s legal rights (including rights of publicity and privacy);
  • impersonate any person or entity or misrepresent the identity or affiliation of the user or any other party;
  • appear as if they are sent by or endorsed by IFC or any other person, if this is not the case;
  • be likely to or designed to deceive any person;
  • contain any material that could result in civil or criminal liability;
  • advocate, promote, contribute to, or assist any illegal or unlawful activity;
  • involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter or advertising, other than as conducted by IFC in its operation of the Sites; or
  • conflict with these Terms of Use or any other applicable law or policy.

With regard to the security of User Content, we have implemented administrative, physical and technical safeguards designed to protect User Content and improve the security of the information we maintain.  For more information, please see our Trust Center (www.infrontcompliance.com/trust-center).  IFC does not monitor or access User Content other than on an aggregated basis as more fully described in our Trust Center.

Prohibited Uses

  • You may use the Sites and Services only for lawful purposes and in accordance with these Terms of Use and, if applicable, your subscription agreement with us. You agree not to use the Sites or Services:
  • in any way that violates any applicable law or regulation (including any laws regarding export of data or software to and from the United States or other countries);
  • for the purpose of exploiting, harming, or attempting to exploit or harm minors or any other person in any way by exposing them to inappropriate content, asking for PII, or otherwise;
  • to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use;
  • to transmit, or procure the transmission of, any advertising or promotional material;
  • to impersonate or attempt to impersonate IFC, an employee of IFC, another user or any other person or entity; or
  • to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Sites or Services, or which, as determined by IFC, may harm IFC or users of the Sites or Services, expose them to liability, or threaten the security of their PII.

Additionally, you agree not to:

  • use the Sites or Services in any manner that could disable, overburden, damage, or impair the Sites or Services;
  • use any manual process or robot, spider or other automatic device, process or means to access, monitor, or copy all or any part of the Sites or Services for any purpose;
  • use any device, software, or routine that interferes with the proper working of the Sites or Services, including by the introduction of or attempted introduction of logic bombs, trojan horses, viruses, worms, or other malicious or harmful material or code to the Sites or any server, computer, software, or database connected to the sites;
  • attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Sites or Services, the server on which the Sites or Services are stored, or any server, computer, or database connected to the Sites or Services;
  • attack the Sites or Services via any denial-of-service attack; or
  • otherwise attempt to interfere with the proper working of the Sites or Services.

Intellectual Property Rights

IFC and its licensors or other providers own the Sites and Services, including all of their content, features, and functionality–including any information, software code, text, displays, images, video and audio, and the design, selection and arrangement of such material. The Sites, Services  and all such content are protected by US and international copyright, trademark, and other laws and treaties, and may not be used except as permitted in the Terms of Use. No right, title, or interest in or to the Sites, Services or any of their content is transferred to you, and all rights not expressly granted are reserved by IFC. Any use of the Sites or Services not expressly permitted by the Terms of Use or, if applicable, your subscription agreement with us, is a breach of them and may violate copyright, trademark, and other laws. 

You must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials. You may not modify; reproduce; or publicly display, perform, or distribute; or otherwise use any such information or materials for any public or commercial purpose. You may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license, or otherwise exploit the Sites or Services or any materials on the Sites or Services, except as expressly permitted by these Terms of Use and, if applicable, as expressly permitted in your subscription agreement with us.

If you print, copy, modify, download, or otherwise use or provide any other person with access to, any part of the Sites or Services in breach of these Terms of Use, your right to use the Sites and Services will cease immediately and you must destroy any copies of the materials you have made.

You should notify IFC of any suspected copyright infringement in accordance with the relevant provisions of the Digital Millennium Copyright Act.

Trademarks

IFC owns and retains all rights in its trademarks, trade names, and trade dress which may be used on the Sites and Services, including company and Service names, logos, slogans, and designs, which are registered and/or common law trademarks of IFC and are protected by United States and international laws and treaties. No license to use such items is granted to you under these Terms of Use or by your use of the Sites or Services. IFC will enforce its intellectual property rights to the fullest extent of the law. 

All other names, logos, product and service names, designs and slogans on the Sites and Services are the trademarks of their respective owners and are used in accordance with law and/or license or other agreement.

Reliance on Third Party Information 

The Sites and Services may include content provided by third parties. Other than content provided by IFC, all statements and/or opinions expressed, all articles and responses to questions, and other content are solely the opinions and the responsibility of the party providing those materials. IFC is not responsible for the content or accuracy of any materials provided by any third parties. IFC does not warrant the accuracy, completeness, or reliability of any third party information on the Sites or Services.

Linking to the Sites 

You may link out to IFC Sites, provided you do so in a way that is legal and does not damage or take advantage of the IFC reputation.  You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on the part of IFC part without the express written consent of IFC. 

The website from which you link, or on which you make certain content accessible, must comply in all respects with the content standards set out in these Terms of Use. You agree to cooperate with IFC in causing any unauthorized framing or linking to cease immediately. IFC may withdraw linking permission without prior notice. 

Links from the Sites and Services

Links to non-IFC sites and resources provided on the IFC Sites and Services are provided for your convenience only. They do not signify that IFC endorses any such websites or companies, including any sponsor(s). IFC has no control over those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from use of them. You access third party websites linked to the Sites and Services entirely at your own risk and subject to the terms and conditions of such sites. Third party websites have their own terms of use and policies and are not subject to these Terms of Use.

Changes

IFC may change, suspend, modify, or discontinue all or any part of the Sites or Services in its sole discretion with or without notice. IFC is not liable if all or any part of a Site or Service is, for any reason, unavailable at any time or for any period. IFC reserves the right to block or deny access to any of the Sites or Services to anyone at any time for any reason. Unless otherwise expressly provided by IFC in a fully executed subscription agreement between you and IFC, IFC is not obligated to correct or update any information or content on the Sites or the Services.

DISCLAIMER OF WARRANTIES

THE SITES AND ALL CONTENT AND SERVICES ON OR AVAILABLE THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, OTHER THAN THOSE EXPRESS WARRANTIES PROVIDED IN YOUR SUBSCRIPTION AGREEMENT, IF APPLICABLE AND IF ANY. NEITHER IFC NOR ANY PERSON ASSOCIATED WITH IFC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITES OR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER IFC NOR ANYONE ASSOCIATED WITH IFC REPRESENTS OR WARRANTS THAT THE SITES OR SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE, SERVICES OR THE SERVERS THAT MAKES SUCH AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR EXPECTATIONS OR NEEDS. 

EXCEPT AS EXPRESSLY PROVIDED HEREIN, IFC DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LEGAL DISCLAIMER

IFC IS AN ONLINE PROVIDER OF AND COMPLIANCE AND ASSESSMENT INFORMATION. IFC IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL ADVICE OR REPRESENT YOU IN ANY WAY.

BY USING THE SITES OR OUR SERVICES, YOU ARE NOT ACCESSING ATTORNEY SERVICES OR LEGAL ADVICE.  IFC’S SITES AND SERVICES, INCLUDING THE WEB APPLICATION, ITS ASSESSMENT TOOLS AND REPORTS, AND ANY LEGAL, COMPLIANCE OR OTHER INFORMATION IT PROVIDES, IS NOT A SUBSTITUTE FOR THE ADVICE OF AN ATTORNEY.

BY USING THE SITES OR OUR SERVICES, YOU ACKNOWLEDGE YOUR UNDERSTANDING THAT WE PROVIDE TOOLS HELP YOUR ORGANIZATION OR YOUR ORGANIZATION’S THIRD PARTY VENDORS ASSESS AND UNDERSTAND THE ACTIONS NEEDED TO COME INTO COMPLIANCE WITH APPLICABLE COMPLIANCE FRAMEWORKS. IFC DOES NOT MAKE YOUR ORGANIZATION OR YOUR THIRD PARTY VENDORS COMPLIANT OR CERTIFY YOUR ORGANIZATION’S OR YOUR THIRD PARTY VENDOR’S COMPLIANCE. YOUR ORGANIZATION OR YOUR THIRD PARTY VENDORS MAY NEED TO TAKE ADDITIONAL MEASURES TO COMPLY WITH THE APPLICABLE COMPLIANCE REQUIREMENTS.

BY USING THE SITES OR OUR SERVICES, YOU ARE NOT ESTABLISHING AN ATTORNEY-CLIENT RELATIONSHIP WITH IFC, ANY OF ITS EMPLOYEES, OR WITH ANY ATTORNEY. ANY INFORMATION YOU PROVIDE TO IFC IS NOT PROTECTED BY ATTORNEY-CLIENT PRIVILEGE OR AS WORK PRODUCT.

IN ACCESSING THE SITES OR OUR SERVICES, THE USER ASSUMES RESPONSIBILITY TO PROVIDE CORRECT AND UP-TO-DATE INFORMATION. INACCURACIES IN INFORMATION PROVIDED COULD AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REPORTS GENERATED BY THE SITES OR OUR SERVICES. YOU TAKE SOLE RESPONSIBILITY FOR THE COMPLETENESS, CORRECTNESS AND ACCURACY OF THE INFORMATION YOU PROVIDE TO IFC.

IFC DOES NOT: REVIEW YOUR DOCUMENTS OR ANY INFORMATION YOU INPUT FOR ACCURACY OR LEGAL SUFFICIENCY, DRAW LEGAL OR OTHER CONCLUSIONS, PROVIDE LEGAL ADVICE, OR APPLY THE COMPLIANCE REQUIREMENTS TO THE FACTS OF YOUR PARTICULAR SITUATION.

EACH USER HAS THE OBLIGATION TO MAKE HIS OR HER OWN DETERMINATION AS TO WHETHER TO SEEK THE ADVICE OF A LAWYER OR COMPLIANCE PROFESSIONAL. 

LIMITATION ON LIABILITY AND TIME TO FILE CLAIMS

IFC WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR THE SERVICES.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL IFC, ITS SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MANAGERS, OR DIRECTORS, OR AFFILIATES OR THEIR LICENSORS, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE SITES OR SERVICES, ANY WEBSITES LINKED TO THE SITES OR SERVICES, ANY CONTENT ON THE SITES OR SERVICES OR SUCH OTHER WEBSITES OR ANY THIRD PARTY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR SUCH OTHER WEBSITES. THIS LIMITATION INCLUDES ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, AND LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITES OR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. 

Indemnification

You agree to defend, indemnify and hold harmless IFC, its affiliates, licensors and service providers, and its and their respective officers, directors, managers, employees, contractors, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys” fees) arising out of or relating to your violation of these Terms of Use and applicable law.

Governing Law and Jurisdiction 

You agree that all matters relating to the Sites, Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).  You agree that the federal and state courts located in Orange County, Florida shall have exclusive jurisdiction over any legal proceedings relating to, arising out of, or connected in any way to your use of the Sites and Services. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

ARBITRATION

UNLESS OTHERWISE PROVIDED IN AN APPLICABLE SUBSCRIPTION AGREEMENT BETWEEN YOU AND IFC, YOU AND IFC HEREBY AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CIVIL CLAIMS ARISING FROM OR RELATED TO YOUR USE OF THE SITES OR SERVICES IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT WOULD BE AVAILABLE IN COURT PROCEEDINGS MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND IFC ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect. (The AAA Rules are available at https://www.adr.org/sites/default/files/Consumer_Rules_Web_0.pdf or by calling the AAA at 1-800-778-7879.)

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR IFC WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

Waiver and Severability

No waiver by IFC of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of IFC to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. 

Entire Agreement

The Terms of Use, the Privacy Policy, Legal Disclaimer and, if applicable, the subscription agreement between you and IFC constitute the sole and entire agreement between you and IFC with respect to the Sites and Services, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Sites and Services.

Comments and Feedback 

All feedback, comments, requests for technical support, and other communications relating to the Sites and Services should be directed to: support@infrontcompliance.com.

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