Welcome to our website and Align Analytics™. By using this website and/or obtaining access to Align Analytics, you agree to comply with and be bound by the following terms and conditions of use.
1. Acceptance of Terms of Use.
These terms of use are entered into by and between you and Construction Insurance Compliance Services, LLC, a Delaware limited liability company, (the “Company”, “we”, “us”, “our”). These Terms of Use apply to all users of the Site and Align Analytics (collectively, “you”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of www.cicssolutions.com, including any content, functionality, and services offered on or through www.cicssolutions.com (“Site”), including but not limited to Align Analytics. Please review these Terms of Use carefully before you use the Site. By using this Site, you accept and agree to be bound and abide by these Terms of Use. If you do not agree to these Terms of Use, you must not access or use this Site.
2. Changes to Terms of Use.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
3. Privacy.
In addition to these Terms of Use, your access to and use of the Site and Align Analytics is also governed by our Privacy Statement. Please review our Privacy Statement at www.cicssolutions.com/privacy.
4. Accessing the Website and Account Security
We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
You are responsible for making all arrangements necessary for you to have access to the Site and ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use, the Privacy Statement and the Align Analytics User Agreement relating specifically to Align Analytics, and comply with them.
To access Align Analytics, you will be asked to provide certain registration details or other information. It is a condition of your access to and use of Align Analytics that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including but not limited to through the use of any interactive features on the Site, is governed by these Terms of Use, the Privacy Statement and the Align Analytics User Agreement, and you consent to all actions we take with respect to your information consistent with our Privacy Statement.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to Align Analytics or other portions of the Site using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use, the Privacy Statement or the Align Analytics User Agreement.
5. Intellectual Property Rights.
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Content shall include but not be limited to data, text, graphics, appearance, visual elements, design, concepts, business models, operational models, databases, collections of links, hyper text markup language (HTML) code, and scripts. The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of the Company and is protected by applicable copyright laws. We grant you permission to view and use content and software made available to you on the Site in connection with your use of the Site only. Any other use, including, without limitation, the reproduction, modification, distribution, transmission, republication, display or performance, of the content or software on the Site is strictly prohibited, except as expressly permitted in these Terms of Use, or other such written agreement with us. The Company and its affiliates, subsidiaries, suppliers and licensors expressly reserve all intellectual property rights in all text, products, technology, content and all other material that appears on the Site. Accessing the Site does not confer and shall not be construed as conferring on you or anyone else any license, ownership rights or other claim, interest or title in any content or to the Company's or any third party's intellectual property rights.
6. Trademarks.
Trademarks appearing on this Site are protected by law and you cannot use any such trademarks in any manner without the express written permission of the trademark owner.
7. Prohibited Uses.
You may use the Site only for lawful purposes and in accordance with these Terms of Use, the Privacy Statement and the Align Analytics User Agreement. You agree not to use the Site:
Additionally, you agree not to:
8. Information Posted by Third Parties.
The information and materials submitted to Align Analytics by authorized users (the “Materials”) are submitted in accordance with these Terms of Use, the Privacy Statement and the Align Analytics User Agreement and other written agreements between the Company and authorized users. We cannot and do not guarantee the accuracy or completeness of the Materials. The Materials may contain technical inaccuracies and typographical errors.
You acknowledge and agree that the Company, its affiliates, subsidiaries, members, managers, directors, officers, employees, successors and assigns are in no way responsible or liable for the availability or content of the Materials provided by authorized users or others. The Company, its affiliates, subsidiaries, members, managers, directors, officers, employees, successors and assigns make no representations whatsoever about any Materials provided to the Site by users.
9. Information Posted by You.
As part of your authorized use of Align Analytics, you will be able to post documents, photographs, inspection reports, agreements, schedules, plans and other materials and information (“User Content”) for analysis. User Content will be maintained at a secure, password protected platform. Once uploaded, insurance carriers will have access to User Content uploaded by or on behalf of those insureds with whom such carrier has a policy of insurance for related construction projects. Insureds will only have access to User Content uploaded on their behalf.
By posting User Content to Align Analytics, you represent and warrant that:
You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. You acknowledge and agree that the Company is under no obligation to you to police, monitor or remove User Content and the Company makes no guarantee with respect to the completeness, accuracy, integrity or quality of User Content. We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Site.
By posting User Content to Align Analytics, you acknowledge and expressly authorize the Company to access, review, edit, modify and otherwise use User Content in order to prepare analytic and trending reports for its clients and to do any of the following to the User Content: (i) decompile, disassemble, or reverse engineer; (ii) modify or create any derivative works (including, without limitation, translations, transformations, adaptations or other recast or altered versions), or alter in any way; and (iii) merge the User Content with any other data, information or other developments. Our access to and use of the User Content shall be subject to these Terms of Use, the Privacy Statement and the Align Analytics User Agreement and other written agreements between you and the Company.
10. Content Standards.
These content standards apply to any and all Materials and User Content and use of Align Analytics. Materials and User Content must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, Materials and User Content posted to Align Analytics or any other interactive part of the Site must not:
11. Monitoring and Enforcement; Termination.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section, except to the extent expressly assumed in a written agreement signed by an authorized representative of the Company.
12. Copyright Infringement.
If you believe that any User Content violates your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
13. Reliance on Information Posted.
All information on this Site, including all analytical reports, trending reports, educational materials, risk reports, and other analytics and reports, is for general informational purposes only, and is not offered as legal or financial advice.
This Site may include content provided by third parties, including Materials provided by other users, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these Materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those Materials. These Materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any Materials provided by third parties.
14. Intended Audience.
This Site is intended for adults only, 18 years of age and older. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Company. If you do not meet such requirement, you must not access or use the Site.
15. Links to Third Party Sites.
If the Site contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. The inclusion of any link does not imply endorsement by the Company of the linked site or any association with its operators.
16. Disclaimer of Warranties.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE 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 SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY 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 PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW OR THOSE EXPRESSLY PROVIDED IN A WRITTEN AGREEMENT SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE COMPANY.
17. Indemnification.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns 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 or your use of the Site, including, but not limited to, your User Content, any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.
18. LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, 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, LOSS OF DATA, AND 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.
19. Geographic Restrictions.
We provide this Site for use only by persons located in the United States. We make no representations that the Site and any content or functionality available through the Site and its associated features are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk and are responsible for complying with local laws, to the extent they are applicable.
20. Governing Law and Jurisdiction.
All matters relating to the Site 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 Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS BARRED.
21. Merger, Sale or Bankruptcy.
In the event the Company is acquired by or merged with a third-party entity, we reserve the right to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how the Material or User Content are treated, transferred, or used. In any of the circumstances described in this paragraph, the information will be subject to the terms of use and/or privacy policy of the purchaser or assignee.
22. Waiver and Severability.
No waiver by the Company of any term or condition set out 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 the Company 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.
23. Entire Agreement.
The Terms of Use and our Privacy Statement, and any other terms, conditions or agreements concerning access to or use of password protected portions of the Site that we have posted to the Site as of the effective date of these Terms of Use, constitute the entire agreement between you and the Company regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
24. Entire Agreement.
The Terms of Use and our Privacy Statement, and any other terms, conditions or agreements concerning access to or use of password protected portions of the Site that we have posted to the Site as of the effective date of these Terms of Use, constitute the entire agreement between you and the Company regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
25. Contact Information.
This Site is operated by:
Construction Insurance Compliance Services, LLC
5155 W. Colonial Dr. #783336
Winter Garden, FL 34778
www.cicssolutions.com
Notices And Procedure For Making Claims Of Copyright Infringement: Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Construction Insurance Compliance Services, LLC at [email protected].
All other notices, feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: [email protected].
© 2020