Terms of Use and Privacy Statement for CafePulse Programs
General Terms of Use
1. Overview of Terms of Use. Compass Group USA, Inc. (“Compass”, “we”, or “us”) uses a third-party supplier (“Supplier”) to provide you with this software (“Software”) and website (“Site”). Compass requires that you, a Customer of Compass purchasing Compass products and services (“Product”) agree to the following Terms of Use (“Terms of Use”). If you do not agree to the Terms of Use, you must immediately discontinue your use of the Software and the Site. By accessing or using the Software or this Site you indicate your acknowledgement and acceptance of these Terms of Use. We may, at any time and at our sole discretion, change these Terms of Use by updating this posting.
2. Site Content. You acknowledge that the Site contains information, data, software (whether applications, scripts, plug-ins or applets), photographs, graphics, text, images and other material (collectively, the “Content”) that are protected, individually and collectively, by copyright, trademark, patent or other proprietary rights of the Company or third parties. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part, except as expressly allowed by this Terms of Use and Privacy Statement or applicable law (including, without limitation, U.S. copyright, trademark and patent law). Concerning certain designated Content, you may make a single copy of the Content, provided that the copy is made only for your personal, informational and non-commercial use and that you do not alter or modify the Content in any way. You must not delete or alter any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided above, you may not upload, post, reproduce, modify or distribute in any way the Content without obtaining the permission of the owner of the copyright or other proprietary right. Your access and use of the Site in accordance with this Terms of Use and Privacy Statement does not give you any right or interest in any Content or other information available on the Site, which at all times shall remain the property of the Company or other owner.
3. Conformance with Law. Your access to and use of the Software and this Site is subject to all applicable laws and regulations.
4. Intellectual Property; Content; Reserved Rights. The trademarks, logos and service marks (“Marks”) displayed in the Software and on this Site are the respective property of Supplier or Compass. In the absence of express prior written consent of Supplier or Compass, you may not use any Marks for any purpose, including without limitation, as metatags on other websites or web pages. All information contained in or displayed by the Software or the Site, including without limitation, any software available on or through the Site (“Content”) is protected by copyright. Without the express prior written consent of Supplier or Compass (or other owner of the copyright for the Content), no one is permitted to copy, modify, download, screen-scrape, distribute, transmit, display, publish, sell, license, use or create a derivative work with respect to, any Content. Supplier, Compass, and all other owners of any intellectual property in or on, or available through the Software or the Site, reserve all rights to such intellectual property to the extent not expressly granted. CafePulse is a registered trademark of Compass.
5. Hyperlinks. If this Site contains links to other websites, Compass is not responsible for the content or other information contained in such linked sites, and disclaim any responsibility for the accuracy or appropriateness of such content or information. Compass prohibits caching, unauthorized hypertext linking to this Site, and the framing of any Content available through the Site.
6. No Representation or Warranty. Compass and Supplier makes no representation or warranty to you as to the availability, accuracy or completeness of the content of the Software or the Site, and shall not be liable for any damages or injury resulting from user access to or inability to access the Software or the Site or from reliance on any information in either. The Software and the Site may contain information about products that may or may not be available in any particular country or region of the world, may be available under different trademarks in different countries and, where applicable, may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries. Nothing contained on this Site should be construed as a promotion or solicitation of an offer for any product or service or for the use of the same, that is not authorized by the laws and regulations of the country where you are located, or whose laws may be applicable.
7. Disclaimers and Limitation of Liability. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER WE, NOR OUR SUPPLIER, NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR OTHERS (COLLECTIVELY, THE “PROVIDERS”), WARRANT TO YOU THAT (i) USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (ii) THE INFORMATION OR CONTENT PROVIDED ON OR THROUGH THE SITE IS ACCURATE, RELIABLE OR CURRENT; OR (iii) THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS.
THE SITE, AND YOUR ACCESS TO IT, IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS AND WE SPECIFICALLY DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION GIVEN BY US OR ANY PROVIDER SHALL CREATE ANY WARRANTY.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SITE. BECAUSE THE LAW IN SOME STATES DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE COMPANY, SUPPLIER, COMPANY AND SUPPLIER’S OFFICERS, EMPLOYEES, AGENTS, DIRECTORS, SUCCESSORS AND ASSIGNS, FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES, EXPENSES, COSTS, REASONABLE ATTORNEYS’ FEES AND LIABILITIES THAT ANY OF THEM MAY SUSTAIN ARISING DIRECTLY OR INDIRECTLY OUT OF YOUR USE OF THE SITE OR ANY INFORMATION OR CONTENT CONTAINED ON THE SITE INFORMATION OR CONTENT CONTAINED ON THE SITE.
8. Copyright Complaints. We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify us by providing us a written notice that includes the following information
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
b. A description of the copyrighted work that you claim has been infringed, including the URL (i.e., Web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
c. Identification of the URL or other specific location on the Site where the material that you claim is infringing is located.
d. Your address, telephone number, and email address.
e. A 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.
9. Waiver of Class Actions. You the Customer waive, to the fullest extent allowed by law, any right you may have to pursue any claims on a class or consolidated basis or in a representative capacity.
10. Governing Law. We or our Supplier on our behalf maintain the Site from our offices within North Carolina and other locations in the United States of America. We make no representation that the Content in the Site is appropriate or available for use in any jurisdiction, and access to them from locations in which such Content is illegal is prohibited. Those who may choose to access the Site from other jurisdictions do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of US export laws and regulations. Any claim relating to the Site or the Content and all transactions related to the use of this Site shall be governed by the laws of the State of North Carolina and applicable federal law, without regard to conflict of laws principles, and all users of the Software and the Site consent to venue and jurisdiction in the courts of said State for the enforcement of these Terms of Use.
11. Age Restrictions. You may only use the Software and this Site if you are age 18 or older.
12. Notices. If you have any questions or comments about the Software or this Site, or if you believe your personal information has been compromised or stolen as a result of your use of the Software or this Site, then you should contact your local Compass management.
Privacy Statement
1. Overview of Privacy Statement. This is a statement of privacy policy (this “Privacy Statement”) that applies to you as a Customer of Compass and to your use of software and related services (“Software”) provided to facilitate and enhance the products and related services the Compass provides to you as a Customer (“Products”). Throughout this Privacy Statement, the word Customer is used interchangeably with “you” and “your” in order to refer to you. This Privacy Statement tells you about the information collected from you when you use the Software in order to obtain Products from Compass, how that information is used, and what options you have in connection with this information.
2. Your Consent to Collection and Use of Information; Modification of this Privacy Statement; Method of Opt-Out. By using the Software in order to obtain Products from Compass or for related activities, you consent to the collection and use practices described in this Privacy Statement, as modified from time to time. You may opt-out at any time using the opt out link included in all communications.
3. Types of Information We May Collect. “Personally Identifiable Information” is collected on an opt in basis. This information about you that can be used to identify you as an individual, such as your name, email address, mobile number and site location.
4. Collection and Use of Information in Different Situations. The type of information we collect and use depends upon your particular situation, which will differ, depending upon how you are using the Software to obtain the Products, as follows:
a. Registration. Registration of your identity may be required for us to deliver some Products and/or Services to you. If you choose to register, then we collect from you the following information:
i. Personally Identifiable Information: We may collect your name, telephone number, site location and e-mail address. We never collect your social security identification number.
b. Cookies. Cookies are small text files that a web server can create and place on a user’s computer when not prevented by preference settings in the user’s browser. A cookie does not read content or information on the user’s computer, but the server originally placing it can subsequently retrieve the contents of the cookie itself, including information on other websites visited in the meantime. We may use session cookies to enhance navigation within our Site during the session of your visit to the Site, but these cookies do not survive the end of your visit and thus provide us no information about other websites visited between visits to our Site. You may adjust your remote browser not to accept cookies but in some cases, the Software or Site may function less effectively or deny access to you.
5. Restricted Use of Information About You. We use, sell, or disclose information about you (Personally Identifiable Information, Aggregated Information and Other Personal Information) only as disclosed in this Privacy Statement:
a. Disclosure of Personal Identifiable Information. We do not sell or externally disclose Personal Identifiable Information about any Customer of Compass to any other person or entity except to Compass, unless:
b. The Customer consents to such sale or disclosure;
c. It is required by law or in response to lawful subpoena or court order;
d. It is required to enforce our collection rights or defend property of
ours, of our Compass, or of Customers of Compass; or
e. If we believe in good faith that disclosure without delay is required to
reduce the risk of death or grave personal injury.
f. Internal Analysis and Promotion. We and Compass may use information about you for our own internal business, marketing and promotional analysis, and may outsource such internal activity to third party agents who agree to comply with the terms of this Privacy Statement.
g. Direct Communication With You for Marketing and Promotion; We and Compass may use information about you to communicate directly with you for marketing and promotion, Notwithstanding the foregoing, if you do not wish to receive direct communication from us, from Compass, or from our agents for marketing and promotion purposes, you may Opt-Out in the manner provided in Paragraph 28 of this Privacy Statement.
6. Security. Whereas perfect security is not achievable, we have conducted a risk assessment process and has implemented security precautions commensurate with that risk, to protect the Personally-Identifiable Information about you from unauthorized access or misuse.