- Acceptance of Terms Through Use
- Use of the Services
- Authorized Use of Website Services
- Reservation of Rights
- Intellectual Property Notices
- Links to Other Websites and Related Disclaimer
- Potential Disruption of Service
- Limitation of Liability
- Indemnification of Constantial
- Severability and Integration
- Dispute Resolution
- Claims of Copyright Infringement
- Governing Law
- Other Assignments
1. Acceptance of Terms Through Use.
By registering with this website, you understand and agree that you have established a business relationship between you and Constantial. BY REGISTERING ON THE WEBSITE, YOU AGREE THAT Constantial MAY CONTACT YOU BY TELEPHONE AT THE NUMBER YOU PROVIDED OR BY EMAIL AT THE ADDRESS YOU PROVIDED REGARDING OTHER PRODUCTS OR SERVICES OFFERED BY OR THROUGH Constantial EVEN IF YOUR TELEPHONE NUMBER IS ON A DO-NOT-CALL REGISTRY OR SIMILAR LIST. With any email communication, Constantial will provide a means by which you may opt-out of further communication.
4. Use of the Services.
You agree to use the Services solely for your personal use and for commercial use limited to your own transactions. To use the website, you represent that you are an adult resident of the United States of America, including its Commonwealths and Territories (collectively, the "USA"). By registering, you warrant and represent to us and any other service provider with whom you authorize us to share your information that you are an adult resident of the USA. The website may be accessed from countries around the world and may contain references to Services that are not available where you are located or reside. These references do not imply that Constantial currently offers or intends to offer such Services in your country.
By using or visiting this website, you agree that you will not insert false, fraudulent, indecent, or obscene information as part of your registration and that your usage will comply with all applicable state and federal laws. Any unauthorized use or misuse of the Services may be a cause for terminating your right to use the Services. Constantial reserves the right, in its sole discretion, to terminate your access to any part of the website, with or without notice. If termination occurs in connection with a subscription service, Constantial will refund the pro rata unused portion of your subscription fee following such termination.
To ensure that Constantial provides a high-quality experience for you and other users of the website, you agree that Constantial or its representatives may investigate complaints, allegations of abuse, infringement of third-party rights, or other unauthorized uses of this website. Constantial will not disclose such an investigation unless required to do so by law. Constantial will cooperate fully with any law enforcement agencies in their investigation of the violation of any applicable laws.
5. Authorized Use of Website Services.
Constantial grants you a fully revocable, non-exclusive license to use the Services and view and print documents or information obtained on the website, subject to the following terms and conditions:
a. The documents or information may be used by you solely for informational purposes and will not be distributed to others who are not acting for you.
b. You will not charge any fee to any person in connection with the Services and information obtained by you on the website.
c. The Services or information obtained on the website will not be modified by you in any way.
d. You will not use the website to sell a product or service or to increase traffic to a website for commercial reasons. You will not take elements of the website and reformat or display them, or mirror them on another website.
e. All copyright or other proprietary notices that appear on the website or the materials downloaded or printed from the Website, will appear on any copy of the document or portion that you make.
f. Constantial reserves the right to revoke this license at any time. You agree that you and any person to whom you distribute the Services or information will immediately discontinue any use of the Services or information upon notice of revocation. If revocation occurs in connection with a subscription service, Constantial will refund the pro rata unused portion of your subscription fee following such revocation.
The license granted by Constantial does not include the layout or design of the website or logos, graphics, sounds, or images on the website. Elements of the website are protected by copyright, trade dress, or other laws and will not be imitated in whole or in part.
6. Reservation of Rights.
8. Intellectual Property Notices.
All images, text, sound, photos, custom graphics, button icons, the collection and compilation and assembly, and the overall “look and feel” and distinctiveness of the website constitute trade dress and the property of Constantial. The absence on the website of a Constantial product or service name, slogan, or logo does not constitute a waiver of Constantial's trademark or other intellectual property rights relating to such name or logo. All other product names, company names, marks, logos, and symbols appearing on the website may be the trademarks and the property of their respective owners.
10. Links to Other Websites and Related Disclaimer.
The website may include links to other websites beyond the control of Constantial. Constantial provides you with these links solely for your convenience. Some of these websites may be co-branded (i.e., bear the name and/or logo of both a third party service provider and Constantial). The provision of any link to another service provider does not signify an endorsement by Constantial of the service provider's website or the services offered by that service provider. Constantial has no control over, does not review, and cannot be responsible for the information contained on other websites. Your use of such websites will be subject to that website’s terms and conditions. YOU AGREE THAT Constantial WILL NOT BE RESPONSIBLE OR LIABLE FOR LOSS OR DAMAGE YOU MAY INCUR AS THE RESULT OF A TRANSACTION YOU ENTER INTO THROUGH ANOTHER WEB SITE.
11. Potential Disruption of Service.
Access to the website may from time to time be unavailable, delayed or limited due to, among other things: hardware failure; software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or content irregularities; system overload; damage caused by severe weather, natural disasters, war or acts of God; terrorism; interruption of power supplies; strike or other stoppage of labor; governmental or regulatory restrictions; or any other cause whatsoever beyond the control of Constantial.
THE WEBSITE IS MADE AVAILABLE FOR INFORMATIONAL PURPOSES ONLY AND NOT INTENDED TO PROVIDE SPECIFIC COMMERCIAL, FINANCIAL, INVESTMENT OR LEGAL ADVICE.
The materials, information, products, and services included in or available through the website, including the images, text, databases, photos, custom graphics, compilation, assembly, and the overall look and distinctiveness of the web site are provided "as is" and "as available." Constantial disclaims all express or implied representations, warranties, guaranties, and conditions, including implied warranties or conditions of merchantability, fitness for a particular purpose, title, or non-infringement. Neither Constantial nor its licensors make any representations, warranties, or guaranties as to the quality, reliability, suitability, truth, accuracy, or completeness of the website Content. Constantial disclaims any representation or warranty that the web site ITSELF OR ANY PRODUCT OR SERVICE OFFERED THROUGH THE WEBSITE will be available at any particular time or from any particular location OR that any defects or errors will be corrected. The website may include inaccuracies or typographical errors. Your use of the website is solely at your risk.
You also may have other rights, which may vary from state to state and jurisdiction to jurisdiction.
13. Limitation of Liability.
YOU UNDERSTAND AND AGREE THAT Constantial WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES RESULTING FROM OR IN ANY WAY CONNECTED TO YOUR ACCESS TO, USE, INABILITY TO USE, OR RELIANCE ON THE Constantial WEBSITE OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE. FOR THOSE JURISDICTIONS THAT EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS, THIS LIMITATION SHALL BE CONSTRUED TO PERMIT THE MAXIMUM EXCLUSION OR LIMITATION PERMITTED BY APPLICABLE LAW.
14. Indemnification of Constantial.
15. Severability and Integration.
16. Dispute Resolution. YOU AGREE THAT YOUR USE OF THIS WEBSITE CONSTITUTES A TRANSACTION IN INTERSTATE COMMERCE AND THAT
Any claim or controversy arising out of or relating to the use of this website or to any acts or omissions for which you may contend Constantial is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration PURSUANT TO THE FEDERAL ARBITRATION ACT, 9 U.S.C. § 1 ET SEQ.
YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY.
The arbitration will be held before one arbitrator under the arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitration will be conducted in Orange County, California. The arbitrator will be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, you will select an arbitrator from a panel of arbitrators acceptable to Constantial. In any arbitration, Constantial will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand.
Should a dispute arise and should the arbitration provisions become inapplicable or unenforceable, you agree that jurisdiction over and venue of any suit will be exclusively in the state and federal courts sitting in Orange County, California. If either party employs attorneys to enforce any right in connection with any dispute or lawsuit the prevailing party is entitled to recover reasonable attorneys' fees.
17. Claims of Copyright Infringement.
If you believe that your work has been copied and is accessible on the website in a way that constitutes copyright infringement, notify Constantial in writing:
Attn: Legal Department
3050 Pullman St.
Costa Mesa, CA 92626
Any claim of copyright infringement should include sufficient information to enable us to evaluate your claim and to take appropriate action.
18. Governing Law.
21. Other Agreements.
In the event you enter into an agreement with product specific terms, such agreement will apply.
Last Updated October 14, 2013