1. ACCEPTANCE OF TERMS

Welcome to CivilCommunicator.com (the "Service"). Data Engineering, LLC ("DE") provides the service to you ("Registrant"), subject to the following Terms of Service ("TOS"), which may be updated by DE from time to time without notice to you. In addition, when using the Service, you agree to use the Service in accordance with any posted guidelines or rules applicable to the Service which may be posted from time to time and are hereby incorporated by reference into the TOS.

  1. DESCRIPTION OF SERVICE

The Service is provided to enable individuals to resolve conflicts and converse with their former domestic partners in a safe, non-threatening environment, through monitored written communication.

Messages and responses can be submitted and read 24/7. Our hours of operation for reviewing messages are 7 am MT - 11 pm MT.

All messages and textual responses are reviewed by DE professionals for offensive, aggressive, passive aggressive or otherwise inappropriate content before being forwarded to the recipient. All communication threads are recorded for according to Service retention policies and ongoing communication data points, such as communication category, number of revised and rejected communications, are retained and displayed.

Our subscribers are able to draft and respond to proposals to their Parental Coordinators / Decision Makers and receive their professional decisions from within the Service.

All communications within the Service use SSL encryption at each transfer stage and all data storage is password protected and secured behind firewalls. Passwords are hashed and encrypted before being stored. No plain-text passwords are ever stored for any user accounts. Data is stored on secure servers.

Fees are charged to subscribers according to the type of Service the subscriber is enrolled under and the term of commitment.

  1. YOUR REGISTRATION OBLIGATIONS

In consideration for your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or DE has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, DE has the right to suspend or terminate your registration and refuse any and all current or future use of the Service (or any portion thereof).

DE is concerned about the safety and privacy of all its users, particularly minors. For this reason, minors under the age of 13 may not register for or use the Service.

  1. DE PRIVACY POLICY

Please see our full privacy policy at https://civilcommunicator.squarespace.com/config#/pages|/privacy-policy.

  1. REGISTRATION ID, PASSWORD AND SECURITY

Your registration identity will be your email address ("Registration ID"). At the time of registration, you will establish the password that will be used by the Service to authenticate your access. You may change that password at any time through the user profile administration page which may be reached by selecting "Account Settings" at the top right of each page once you are logged into the Service.

You are responsible for maintaining the confidentiality of the password, and are fully responsible for all activities that occur under your password. You agree to (a) immediately notify DE of any unauthorized use of your password or any other breach of security, and (b) ensure that you exit the service at the end of each session. DE will not be liable for any loss or damage arising from your failure to comply with this Section 5.

  1. REGISTRANT CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") transmitted are the sole responsibility of the person from which such Content originated. This means that you, and not DE, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. While DE, through its Civil Communicator professionals, makes all reasonable efforts to remove inappropriate content, DE does not guarantee the removal of all such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will DE be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to:

    1. upload, post, email, communicate, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, including the use of all capital font or explanation or other inappropriate marks or symbols;
    2. harm minors in any way;
    3. impersonate any person or entity, including, but not limited to, a DE representative , or falsely state or otherwise misrepresent your affiliation with a person or entity;
    4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
    5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual proprietary rights ("IP Rights") of any party;
    7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except as permitted by law;
    8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    9. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
    10. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
    11. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
    12. "stalk" or otherwise harass another person or entity.

You acknowledge, consent and agree that DE may access, preserve, and disclose your registration and usage information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the IP Rights of a third party; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of DE, its users and the public. This specifically includes transmitting any statement of an intention to inflict pain, injury, damage, or other hostile action on another.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by DE and/or account holders who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service.

For each message, the Service records the time the key was stored in the database, the sender's email address, the subject, the email address of the recipient(s), the most recent time each recipient successfully requested the key and various attributes about the message, such as whether the sender was directly authenticated by the Service prior to storing the key.

Much of this information is made available to senders of messages and account administrators designated by enterprise account owners through administrative interfaces.

  1. SCHEDULED MAINTENANCE

The Service is subject to scheduled downtime from midnight to 2 AM Pacific Time on the first and third Saturday of every month.

  1. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. You acknowledge that your personal information, such as registration data and key data, will be stored on a computer system under the jurisdiction of United States laws and regulations.

  1. INDEMNITY

You agree to indemnify and hold DE, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees thereof, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

  1. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that DE may establish general practices and limits concerning use of the Service, including without limitation the maximum number of messages that may be sent from or received by an account on the Service, the rate at which messages are sent through the system, the maximum size of any message that may be sent using the Service, the maximum size, aggregate size, maximum number and persistence of attachments associated with a message that is transmitted through the service, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that DE has no responsibility or liability for the deletion or failure to store any encryption key and other communications or other Content maintained or transmitted by the Service. You further acknowledge that DE reserves the right to modify these general practices and limits from time to time and may apply different policies to different users at its sole discretion.

  1. MODIFICATIONS TO SERVICE

DE reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that DE shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service, except as provided for in contracts with account holders.

  1. TERMINATION

You agree that DE may, under certain circumstances and without prior notice, immediately terminate your Service Registration and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated registration deletions), (d) discontinuance or material modification to the Service (or any part thereof), or (e) unexpected technical or security issues or problems. Termination of your Service Registration may include (a) deletion of your password and all related information, and (b) barring further use of the Service. Further, you agree that all terminations for cause shall be made at DE's sole discretion and that DE shall not be liable to you or any third-party for any termination of your registration or access to the Service.

  1. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because DE has no control over such sites and resources, you acknowledge and agree that DE is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that DE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

  1. DE'S PROPRIETARY RIGHTS

You acknowledge and agree that any necessary software used to provide the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by DE, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

DE grants you a personal, non-transferable and non-exclusive right and license to use the Service and Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, disassemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Service or Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interfaces that are provided by DE or its licensees for use in accessing the Service.

  1. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

DE MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

  1. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT DE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.

  1. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 14 AND 15 MAY NOT APPLY TO YOU.

  1. NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.

  1. NOTICE

DE may provide you with notices, including notices regarding changes to the TOS, by email, postal mail, or postings on the Service.

  1. TRADEMARK INFORMATION

The Service trademarks and service marks and other DE logos and product and service names are trademarks of DE (the "DE Marks"). Without DE's prior permission, you agree not to display or use in any manner, the DE Marks. Other trademarks and service marks are the property of their respective owners, and are used by permission of those owners.

  1. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

DE respects the intellectual property of others, and we ask our users to do the same. DE may, in appropriate circumstances and at its discretion, disable and/or terminate the registration of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, and that the Service was involved in the alleged infringement, please provide DE with the following information:

    1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
    2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
    3. a description of how the Service was involved in the alleged infringement;
    4. your address, telephone number and email address;
    5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright, trademark or service mark owner, its agent, or the law;
    6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

DE's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
Data Engineering Service Support
Data Engineering, LLC
10955 Westmoor Dr., Suite 400
Westminster, CO 80021
USA

By email: support@data-engineering.com

  1. GENERAL INFORMATION

Entire Agreement. The TOS constitute the entire agreement between you and DE and govern your use of the Service, superseding any prior agreements between you and DE. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other DE services, affiliate services or third-party software.

Choice of Law and Forum. The TOS and the relationship between you and DE shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions. You and DE agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Broomfield, Colorado.

Waiver and Severability of Terms. The failure of DE to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your DE registration is non-transferable and any rights to your registration and associated information terminate upon your death. Upon receipt of a copy of a death certificate, your registration may be terminated and all contents therein permanently deleted.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

  1. VIOLATIONS

Please report any violations of the TOS to Service Support:

By mail:
Data Engineering Service Support
Data Engineering, LLC
10128A Airport Court
Broomfield, CO 80021
USA

By email: support@data-engineering.com

Last Updated April 2017.