ConsentMate Terms of Use

 

 

These Terms of Use (“Terms”) govern your access to and use of our various websites, SMS, APIs, email notifications, applications, buttons, and any information, videos or other materials or arrangements of materials uploaded, downloaded or appearing on the site (collectively referred to as "Site” or "It"). By accessing and using the Site you agree to be bound by these Terms of Use.

 

 

1. Who May Use this Site

 

If you are using this Site, you are accepting these Terms of Use, and if you are using the Site on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you,”“your,” and "user," as used in these Terms shall refer to such entity.

 

2. Privacy

 

Our Privacy Policy (https://www.consentmate.com/privacy) describes how we handle the information you provide to us when you use our Site. You understand that through your use of the Site you consent to the collection and use (as set forth in the Privacy Policy) of this information and the processing and use by ConsentMate and its affiliates.

 

3. Content on the Site

 

You are responsible for your use of the Site and for any Content/information you provide, including compliance with applicable laws, rules, and regulations. You should only share information that you are comfortable sharing in a present legal situation, and under the privacy laws that exist within your country. All content/information provided by the user on site are secured online, and can be gained access of by contacting us. 

 

Any use or reliance on any Content or materials posted via the Site or obtained by you through the Site is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Site. All Content is the sole responsibility of the person who originated/documented such Content/information. We may monitor the Content posted via the Site’s databases and we do not take responsibility for the truthfulness of such Content, but will guarantee the originality of what was submitted by the user(s). 

 

 

Your Rights and Grant of Rights in the Content

 

You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights for any Content that you submit on or through the Site. You agree that such Content will not contain material untruthful or misleading from the truth.

 

If you want to access your information, you have the ability to do so by filling out a security form confirming your identity.

 

4. Using the Site

 

You may use the Site only in compliance with these Terms and all applicable laws, rules and regulations. Our Site is evolving constantly. As such, the Site may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the Site or any features within the Site to you or to users generally. We may also limit distribution or visibility of any Content on the site if found just under the provided circumstances.

 

You agree not to misuse our Site by interfering with It or accessing It using a method other than the interface and the instructions that we provide, or providing information that is false or misleading. You may not do any of the following while accessing or using the Site: (i) access, tamper with, or use non-public areas of the Site, ConsentMate’s computer systems, or the technical delivery systems; (ii) probe, scan, or test the vulnerability of any system or network, or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the content by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by ConsentMate (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with ConsentMate (NOTE: crawling the Site is permissible if done in accordance with the provisions of the robots.txt file; however, scraping the Site without the prior consent of ConsentMate is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Site to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Site, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Site. We also reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of ConsentMate, its users and the public. We are not liable for any content submitted on site, as we provide a private server for people to simply record what happened, not enforce the law. We are not liable for any damages towards the user, or any damages prompted by the misfiling or falseness of the information provided to ConsentMate by the user. This form is private, but may have the ability to be used if a legal dispute ever arises. We are also not liable for any posted advertising content that some may find offensive. ConsentMate does not disclose personally-identifying information to third parties except in accordance with our Privacy Policy.

 

Your Account

 

You need to create an account to reap the full benefits of this Site. You are responsible for safeguarding your account, so use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

 

We may need to provide you with certain communications, such as Site announcements and administrative messages. These communications are considered part of the Site and your account, and you may not be able to opt-out from receiving them.

 

Your License to Use the Site

 

ConsentMate gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Site. This license has the sole purpose of enabling you to use and reap the benefits of the Site as provided by ConsentMate, in the manner permitted by these Terms.

 

The Site is protected by Servicemark and other laws of both the United States and other countries. Nothing in the Terms gives you a right to use the ConsentMate name or any of the ConsentMate, logos, domain names, other distinctive brand features, and other proprietary rights. All right, title, and interest in and to the Site (excluding Content provided by users) are and will remain the exclusive property of ConsentMate and its licensors. Any feedback, comments, or suggestions you may provide regarding ConsentMate, or the Site is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

 

Ending These Terms

 

You may end your legal agreement with ConsentMate at any time by discontinuing your use of the Site, or ConsentMate deems it appropriate to ban you from usage of the site. All applicable actions in accordance to ConsentMate described within these Terms, however, that take place while the user is not using the Site, shall be legally enforceable, both while you have status as either a "user," or are no longer a "user" of the site.

 

5. Disclaimers and Limitations of Liability

 

The Site is Available "AS-IS"

 

Your access to and use of the Site or record any information are at your own risk. You understand and agree that the Site is provided to you on an “AS IS” and “AS AVAILABLE” basis. The “ConsentMate Entities” refers to ConsentMate, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors. Without limiting the foregoing, to the maximum extent permitted by law, THE CONSENTMATE ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The ConsentMate Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Site or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Site or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Site; and (iv) whether the Site will meet your requirements or be available on an uninterrupted, secure, or error-free basis. ConsentMate does not guarantee any legal protection. ConsentMate does not guarantee legal admissibility from any situations presented in the court of law, past, present, or future. No advice or information, whether oral or written, obtained from the ConsentMate Entities or through the Site, will create any warranty or representation not expressly made herein.

 

 

Limitation of Liability

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CONSENTMATE ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SITE; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE CONSENTMATE ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00). THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE CONSENTMATE ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 

 

6. General


ConsentMate reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, ConsentMate grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. The most current version of the Terms, which will always be at (https://www.consentmate.com/tou), will govern our relationship with you.

 

The laws of the Commonwealth of Pennsylvania, excluding its choice of law provisions, will govern these Terms and any dispute that arises between you and ConsentMate. All disputes related to these Terms of Use will be brought solely in the federal or state courts located in Chester County, Pennsylvania, United States, and you consent to personal jurisdiction and waive any objection as to inconvenient forum.

 

If you are a federal, state, or local government entity in the United States using the Site in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Pennsylvania (excluding choice of law).

 

In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. ConsentMate’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

 

These Terms are an agreement between you and ConsentMate, Inc. If you have any questions about these Terms, please contact us.

Effective: March 10, 2021

 

Effective: March 11, 2021