Terms of Use

Last Updated: July 9, 2018

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

By using CompanyWeek.com (the “Site”), you signify your assent to these terms of use (the “Terms of Use”). If you do not agree to all of these Terms of Use, do not use the Site!

CompanyWeek, a Colorado corporation, ("CompanyWeek", “we”, “us” or “our”) may revise and update these Terms of Use at any time. The date these Terms of Use were last updated is set forth on the top of this page. Your continued usage of the Site or any of the services available on the Site, including all levels of subscription data access services, (collectively, the “Services”) will mean you acknowledge and accept those changes. These Terms of Use also governs the sale of CompanyWeek Digital Products (the “Digital Products”), described below.

SITE ACCESS AND USE

Subject to these Terms of Use, CompanyWeek grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access the Site and use the Services, including any graphics, text, instructions, images, audio files, and/or other sounds, videos, and other materials you may view on, access through, or are otherwise related to the Services (collectively, the “Content”) for your personal, non-commercial use. When using the Site, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright law. Except as expressly permitted in these Terms of Use, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit the Content for any purpose whatsoever without obtaining prior written consent from us or, in the case of third-party Content, its respective owner. In certain instances, we may permit you to download or print the Content or both. In such a case, you may download or print (as applicable) one copy of the Content for your personal, non-commercial use only.

You agree not to:

  • collect information from the Services using an automated software tool or manually on a mass basis;
  • use automated means to access the Services, or gain unauthorized access to the Services or to any account or computer system connected to the Services;
  • obtain, or attempt to obtain, access to areas of the Site or our systems that are not intended for access by you;
  • “flood” the Services with requests or otherwise overburden, disrupt, or harm the Services or our systems;
  • restrict or inhibit other users from accessing or using the Services; or
  • modify or delete any copyright, trademark, or other proprietary rights notices that appear on the Site or in the Content.

DIGITAL PRODUCTS

1. Digital Products

The Digital Products include the website (www.companyweek.com) and certain data products sold as part of certain subscription packages. You are not necessarily required to purchase anything to use the Site. If you do not purchase a subscription or product, however, your access to the Digital Products will be limited. We reserve the right to modify the content, type and availability of any Digital Product at any time.

2. Subscription

a. Auto-renewing Subscription. Your Digital Products subscription, which may start with a promotional rate, will auto-renew at the end of the cycle stated at the time of your order (“Billing Period”) unless and until you cancel your subscription or we terminate it. You can view the date of your next scheduled payment by visiting our website and clicking on the “My Account” link. You will not receive a notice from us that your promotional period has ended or that your subscription has auto-renewed.

b. Differing Subscriptions/Promotions. We offer a number of types of subscriptions, including subscriptions to different Digital Products. You can view CompanyWeek’s subscription packages at www.companyweek.com. You can find specific details regarding your current subscription by clicking on the Login on the Site. We reserve the right to change or terminate any offered subscriptions or promotions at any time.

3. Billing

a. Payment Method. You can pay for your subscription with a major credit card or company check after invoicing. Only credit cards checks are eligible for payment. Do not sign up for a subscription by identifying a debit card in the credit card option. A debit card may also be known as a “check” or “ATM” card and typically has the word “debit” on it. You may edit your Payment Method information by visiting the Site and clicking on the “My Account” link. If your payment is unsuccessful by reason of insufficient funds, expiration, or otherwise, you remain responsible for any uncollected amount.

b. Recurring Billing. By placing an order for a subscription, you authorize us to charge you the subscription fee then in effect at the beginning of each Billing Period, plus applicable taxes (if any), to your Payment Method. You acknowledge that the amount charged each Billing Period may vary for reasons that may include price changes, changing your subscription, or changes in applicable taxes, and you authorize us to charge your Payment Method for such varying amount each Billing Period. Applicable taxes may vary. For example, you authorize us to charge your Payment Method the promotional rate disclosed on the subscription screen in the initial Billing Period (if applicable) and the regular subscription rate in subsequent Billing Periods, each with applicable taxes. We automatically charge your Payment Method on the first day of each Billing Period. We reserve the right to change the timing of our billing, in particular, in the event your Payment Method has not successfully settled. If your Payment Method is declined for a recurring payment of your subscription fee, you have five (5) days to provide us a new Payment Method or your subscription will be canceled.

c. Price Changes. We reserve the right to change subscription fees for any of our subscriptions or Digital Products at any time. We will notify you of any changes if the regular fee for your subscription or Digital Product changes from what was stated at the time of your initial order. You will have an opportunity to cancel your subscription at that time. If you do not cancel your subscription, you will be charged the new subscription fee at your next Billing Period.

d. Billing Period. We will charge the subscription fee at the commencement of your subscription or, if applicable, at the end of your free trial period, and automatically on the first calendar day of each Billing Period thereafter unless and until your subscription is cancelled.

4. Cancellation, and Refund

a. Cancellations. You can cancel your subscription at any time by going to the My Account page. You must cancel your subscription before it renews for a new Billing Period to avoid billing of the next Billing Period’s subscription fees to your Payment Method. That is, when you cancel your subscription, you cancel only future charges associated with your subscription, and you will not receive a refund for the current Billing Period. Your cancellation will become effective at the end of your current Billing Period, and you will continue to have access to your subscription and Digital Products for the balance of the Billing Period.

b. Refunds. Payments are non-refundable, and there are no refunds or credits for partially used Billing Periods. We reserve the right, however, to issue refunds or credits at our sole discretion. If we issue a refund or credit in one instance, we are under no obligation to issue the same refund or credit in the future.

PRIVACY POLICY

You acknowledge and agree that all information collected by CompanyWeek is subject to our Privacy Policy. By using the Services and Digital Products, you consent to all actions we take with respect to your information in compliance with our Privacy Policy.

USER REGISTRATION

In order to access or use the Digital Services and some features of the Site, you must become a registered user. If you are under the age of 18, then you are not permitted to register as a user or otherwise submit personal information.

If you become a registered user, you agree to provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create an account with a user name and password (a “Membership”), which may permit you access to Digital Products and certain areas of the Site not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Membership. You are solely responsible for the activity that occurs under your Membership, whether or not you have authorized the activity. You agree to notify us immediately of any breach of security or unauthorized use of your Membership. We are not liable for any loss or damage arising from your failure to protect your username or password.

CHANGES TO THE SERVICES

CompanyWeek reserves the right to make changes to, suspend, or discontinue (temporarily or permanently) the Services or any portion thereof (including any Content) at any time. You agree that we will not be liable to you or to any third party for any such change, suspension, or discontinuance.

OWNERSHIP

The Services and Digital Products (including the Content) are owned by CompanyWeek and/or its licensors and are protected under copyright, trademark, and other applicable United States and international laws and treaties. Without limiting the foregoing, the trademarks, service marks, and logos displayed on the Site are registered and unregistered marks of CompanyWeek and its licensors. You acknowledge and agree that, as between you and CompanyWeek, we are and shall remain the sole owner of the Services and the Content, including, without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights therein and thereto.

ADVERTISING

From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (collectively, the “Advertisers”) such as our (and third-party) advertisers, sponsors, or promotional partners as a result of your use of the Site. All such communication, interaction, and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts, or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).

ADVERTISEMENTS, SEARCHES, AND LINKS TO OTHER SITES

CompanyWeek may provide links to third-party websites. We do not recommend and do not endorse the content on any third-party websites and are not responsible for the content of linked third-party websites, websites framed within the Site, or third-party advertisements and make no representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites. CompanyWeek does not endorse any product, service, or treatment advertised on the Site.

RELIANCE ON CONTENT

We provide the Site and Digital Products, including the Content, for informational, educational, and promotional purposes only. You may not rely on any information and opinions expressed on our Site or Digital Products for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of the Digital Products and Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any of the Digital Products and Content.

In most instances, the Content will include materials provided by a third-party or will represent the opinions and judgments of a third party. We do not endorse or warrant, and are not responsible for, the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on the Site or Digital Products by anyone other than authorized employees or spokespersons of CompanyWeek while acting in their official capacities.

If there is a dispute between persons accessing the Digital Products or Site or between persons accessing the Digital Products or Site and any third party, you understand and agree that we are under no obligation to become involved. If there is such a dispute, you hereby release CompanyWeek and our officers, directors, employees, successors, agents, affiliates, subsidiaries, and related companies from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.

INDEMNIFICATION

You agree to indemnify and hold harmless CompanyWeek and our officers, directors, employees, successors, agents, affiliates, subsidiaries, and related companies from and against any and all claims, liabilities, losses, damages, obligations, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (i) your access to or use of the Digital Products and Site; (ii) Content provided by you or through use of your Membership; (iii) any actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.

DISCLAIMERS OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THE DIGITAL PRODUCTS AND SITE ARE AT YOUR SOLE RISK. THE DIGITAL PRODUCTS, SITE, AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANYWEEK AND OUR OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, AGENTS, AFFILIATES, SUBSIDIARIES, AND RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE DIGITAL PRODUCTS OR CONTENT WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE DIGITAL PRODUCTS, SITE OR CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR ACCESSED THROUGH THE SITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE DIGITAL PRODUCTS OR SITE; (6) WARRANTIES THAT YOUR USE OF THE SITE WILL BE SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.

LIMITATION ON LIABILITY

UNDER NO CIRCUMSTANCES SHALL COMPANYWEEK OR OUR OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, AGENTS, AFFILIATES, SUBSIDIARIES, OR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF THE ABOVE LISTED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE DIGITAL PRODUCTS, SITE, OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE DIGITAL PRODUCTS, SITE, OR SERVICES INCLUDING, WITHOUT LIMITATION, THE CONTENT, IS TO STOP USING THE SITE AND SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR ANY LINKS ON THE SITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT PROVIDED BY A THIRD PARTY OR CONDUCT OF A THIRD PARTY ON THE SITE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF COMPANYWEEK AND OUR OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, AGENTS, AFFILIATES, SUBSIDIARIES, AND RELATED COMPANIES EXCEED THE GREATER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY THE ABOVE LISTED PARTIES DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100.

FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE DIGITAL PRODUCTS, SITE, OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.

TERMINATION

We reserve the right, in our sole discretion and at any time, to terminate or suspend your Membership and/or block your access to the Digital Products and/or Site for any reason including, without limitation, if you have failed to comply with the letter and spirit of these Terms of Use. You agree that the Digital Products, Site, CompanyWeek, our officers, directors, employees, successors, agents, affiliates, subsidiaries, and related companies shall not be liable to you or any third party for any termination or suspension of your Membership or for blocking your access to the Digital Products or Site.

Any suspension or termination shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive the suspension or termination of your Membership or these Terms of Use shall survive, including, but not limited to, the rights and licenses that you have granted hereunder, indemnification, releases, disclaimers, limitations on liability, provisions related to choice of law, and all of the miscellaneous provisions set forth below.

GOVERNING LAW

These Terms of Use and any dispute or claim arising out of or related to these Terms of Use, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Colorado, other than such laws and case law that would result in the application of the laws of a jurisdiction other than Colorado.

AMENDMENT; ADDITIONAL TERMS

We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of the Digital Products and/or Site or to modify these Terms of Use. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of the Digital Products and/or Site generally, unique parts of the Site, including any sales made on the Site, or both (“Additional Terms”). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms of Use. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.

Modifications to these Terms of Use or Additional Terms will be effective immediately upon notice, either by posting on the Site or by notification by email or conventional mail. It is your responsibility to review the Terms of Use and the Site from time to time for any changes or Additional Terms. Your access and use of any of the Digital Products and/or Site following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, immediately discontinue use of the Digital Products and Site and, if applicable, terminate your Membership.

MISCELLANEOUS

Entire Agreement. These Terms of Use, including our Privacy Policy and any other Additional Terms, constitute the sole and entire agreement between you and CompanyWeek with respect to the subject matter hereof, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

Waiver And Severability. Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of these Terms of Use will continue in full force and effect.

Headings/Interpretation. The section headings are for convenience only and shall not control or affect the meaning or construction of any provision of these Terms of Use.

Assignment. CompanyWeek may freely assign or transfer any or all of the rights and obligations described in these Terms of Use. You may not assign these Terms of Use or any of your rights and duties hereunder without our prior written consent. These Terms of Use shall be binding upon and inure to the benefit of the parties hereto and their respective successor and assigns.

Questions. If you have any questions about the Services or these Terms of Use, please contact us at:

CompanyWeek

Attention: Bart Taylor

6111 Diamond Ridge Parkway

Castle Rock CO 80108

btaylor@companyweek.com

Notice to California Residents. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.