Terms of Service
ACCEPTANCE OF TERMS. Welcome to CivilCommunicator.com (“CC” or the “Service”). The Service is provided to you (“Subscriber” or “You”), by Data Engineering, LLC, a Colorado limited liability company (“DE” or the “Company”), subject to the following Terms of Service (“TOS”), which may be updated from time to time. THIS AGREEMENT SETS FORTH THE TERMS AND CONDITIONS APPLICABLE TO YOU IN USING THE SERVICE. BY CLICKING “ACCEPT” OR BY USING THE SERVICE, YOU AGREE TO BECOME A PARTY TO, AND BE BOUND BY, THESE TERMS. 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.
DESCRIPTION OF SERVICE
The Service is provided to assist, guide, and educate subscribers in communicating about co-parenting issues and about their child(ren) with their former domestic partners and in resolving related issues and conflicts in a safe, non-threatening environment, through monitored written communication. All communications are reviewed for compliance with the Service’s Communication Guidelines (the “Guidelines”). Reviews proceed under either a coaching workflow or the normal review process.
Under the normal review process, communications that are determined to be in compliance with the Guidelines, or can be brought into compliance with a “Minor” revision, are forwarded accordingly. If the communication can be brought into compliance with a more material revision(s) without materially changing the fundamental meaning, it will be modified to the extent necessary and forwarded to the intended recipient as a Revised communication. Revised communications are coded with the review codes relevant to the changes made. Both subscribers will be able to review the review codes attendant to the communication. Notes may also be provided by the Review Team to the subscriber that drafted the communication to explain the changes that were made to bring the communication into compliance with the Guidelines. In the event that the communication cannot be brought into compliance with the Guidelines, it will be rejected. As with Revised communications, Rejected communications will also contain the review codes and notes about the communication which the subscriber can use as learning opportunities for making improvements in future communications.
Under the coaching workflow, the subscriber is provided the opportunity to review the coach’s comments and/or proposed drafts of the communication following the review, and either approve or modify the changes before the communication is forwarded to the intended recipient. Assuming reasonable cooperation between the subscriber and the coach, the communication will be forwarded to the intended recipient without review codes and the statistics of the communication will be “accepted.” In the event the coaching efforts fail, the communication will ultimately revert to the normal review process.
Subscribers, in addition to other features, also have the use of a Shared Library, Shared Calendar, and Shared Expense Report to manage issues related to their child(ren).
Messages, responses, and entries into the Shared Library, Shared Calendar, and Expense Report can be submitted and read 24/7. For details regarding the functionality and use of these various portions of the Service, please refer to the appropriate sections under the My Support tab. Our hours of operation for reviewing messages and responses are 8 am – 8 pm daily.
All messages and manual written responses are reviewed by CC professionals to assure appropriateness of subject matter, compliance with Communications Guidelines, and for offensive, aggressive, passive-aggressive, or otherwise inappropriate content before being forwarded to the recipient. All communication entries and threads are stored according to Service retention policies. A history of Review Code categories, and statistics of the number of approved, revised, and rejected communications are retained, categorized, and displayed for both parties in the “Analytics” section.
All professional accounts are free of charge. Professional accounts are created, and access is granted, from within the “My Professional” page.
SECURITY & INFRASTRUCTURE
We maintain the best industry standards for encryption, backups, redundancy, infrastructure, policies, and application features. All communications within the Service use Bank-level encryption at rest and at each transfer stage using both SHA-256 and AES-256 encryption and is HIPAA and HITEC compliant. For an in-depth discussion of our security features, please refer to:
SUBSCRIPTION AND CANCELLATION POLICIES
Subscriptions are offered on a monthly, quarterly, or annual basis. In the past, subscriptions were offered on different terms, such as annual subscriptions with monthly payments. Some subscribers may still subscribe under such plans through their evergreen terms. Subscriptions begin on the date the registration is completed. Refunds are available for the cost of the Subscription, less administrative and processing costs if, within thirty (30) days of subscribing, the initial subscriber to an account notifies Civil Communicator of the desire to cancel due to unsuccessful in obtaining matching enrollment by the other party. Subscriptions automatically renew unless we are notified of the intent to discontinue the Service at least three (3) business days prior to the renewal date.
If you are court-ordered to use Civil Communicator, but the order does not specify whether the subscription is to be monitored or unmonitored, the order will be deemed to require monitored subscriptions, unless both subscribers agree to subscribe to unmonitored accounts.
Communications under monitored accounts are limited to topics reasonably related to general shared parenting issues. The basic subscription pricing includes up to 30 communications (not including the pre-written “Canned Responses”) per month. This service level satisfies the communication needs of nearly all CC subscribers. However, if needed, additional communication credits can be purchased within the “Additions” tab.
PRIVACY POLICY
Please see our full privacy policy.
USER LOGIN ID, PASSWORD, AND SECURITY
Your user ID will be your email address. At the time of registration, you will also create your password which will be used by the Service to authenticate your access. You can change that password at any time under Account Settings.
You are responsible for maintaining the confidentiality of the password and are fully responsible for all activities that occur under your login. You agree to (a) immediately notify CC 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. Neither DE nor CC will be liable for any loss or damage arising from your failure to comply with this Section 6.
SUBSCRIBER 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 CC, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Use of this Service requires that you read, understand, and follow the Communications Guidelines and Rules of Conduct as set forth under the Support tab.
While CC, through its professionals, makes all reasonable efforts to remove inappropriate content, CC 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 CC be liable in any way for any Content, including, but not limited to, 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. Under normal circumstances, we do not review the content in the Shared Library, Shared Calendar, or Expense Report.
You acknowledge, consent and agree that DE or CC may access, preserve, and disclose your statistical 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, CC, its users, and the public. This specifically includes transmitting any statement of an intention to inflict pain, injury, damage, or other hostile action on one’s self or another.
IN ADDITION, YOU AGREE THAT, BY USING THE SERVICE, YOU AGREE THAT DE AND CC SPECIFICALLY RESERVE THE RIGHT TO TRANSMIT OR RELEASE YOUR STATEMENTS OR PORTIONS OF YOUR STATEMENTS ENTERED BY YOU INTO THE SERVICE TO THE OTHER PARTY, TO THEIR PROFESSIONALS, THE COURT, CHILD PROTECTIVE SERVICES, FAMILY INVESTIGATORS, OR TO APPROPRIATE AUTHORITIES, UPON REQUEST OR AT ITS OWN DISCRETION.
DE may, under certain circumstances and without prior notice, immediately terminate or suspend your Service or access to the Service, or any portion thereof. Cause for such termination or suspension shall include, but not be limited to: (a)breaches or violations of the TOS; (b) three rejected messages within a 24-hour period; (c) refusal to follow the Communication Guidelines; (d) abuse or misuse of the shared library, shared calendar or shared expense report; (e) requests by law enforcement or other government agencies; (f) a request by you (self-initiated registration deletions); or (g) discontinuance or material modification to the Service (or any part thereof). Further, you agree that all terminations or suspensions for cause shall be made at DE’s sole discretion and that neither DE nor CC shall be liable to you or any third party for any such termination, suspension, or loss of access to the Service.
As stated above, abuse or misuse of the Shared Library, Shared Calendar, or Shared Expense Report may, at CC’s sole discretion, result in suspension or revocation of the Service or any portion thereof, or may result in monitoring of the Shared Library, Shared Calendar or Shared Expense Report, which will result in additional monitoring charges to such user’s account.
COMMUNICATION, BY ITS VERY NATURE, IS COMPLEX. THE REVIEW PROCESS IS SUBJECTIVE. BY USING THE SERVICE, YOU AGREE TO REMAIN OPEN-MINDED TO THE MERITS OF THE COMMUNICATION REVIEWS AND TO COMMIT TO THE OVERALL GOAL OF BECOMING A BETTER COMMUNICATOR. YOU AGREE TO THE USE OF THE COACHING, FEEDBACK, AND APPEAL FUNCTIONS WITHIN THE SYSTEM AS RESOURCES TO EITHER VOICE YOUR OPINION OR OBTAIN ADDITIONAL COMMUNICATION ASSISTANCE. YOU FURTHER AGREE TO NOT HARASS OR ATTEMPT TO INTIMIDATE REVIEW TEAM PERSONNEL. FAILURE TO ABIDE BY THE FOREGOING WILL CONSTITUTE A VIOLATION OF THE TOS.
MAINTENANCE
The Service is subject to downtime from time to time for the purpose of maintenance and upgrading of the Service. Every attempt will be made to: (1) provide advance notice to subscribers, and (2) avoid or limit downtime during normal hours of operation.
INDEMNITY
You agree to indemnify and hold DE, and its subsidiaries, affiliates, officers, agents, 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.
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, the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time, and surcharges for reviews in excess of the base amount of reviews in a given month. 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.
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.
DE’S PROPRIETARY RIGHTS
You acknowledge and agree that any necessary software used to provide the Service (“Software”) contains 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, sub-license, 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 for use in accessing the Service.
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.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CC OR DE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER DE NOR CC SHALL 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 OR CC 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.
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 13 AND 14 MAY NOT APPLY TO YOU.
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.
NOTICE
DE or CC may provide you with notices, including notices regarding changes to the TOS, by email, postal mail, or postings on the Service.
TRADEMARK INFORMATION
The Service trademarks and service marks and other CC logos and product and service names are trademarks of DE (the “CC Marks”). Without DE’s prior permission, you agree not to display or use in any manner, the CC Marks. Other trademarks and service marks are the property of their respective owners and are used by the permission of those owners.
PROCEDURE FOR CONTACTING CIVIL COMMUNICATOR.
If you believe that your communication has been reviewed or interpreted in error, or for any other reason related to the Service, please contact us in a message when logged into the Service under the Contact Us tab. Civil Communicator is not
GENERAL INFORMATION
Entire Agreement. These 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 or CC 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 state and federal courts located within the State of Colorado. Notwithstanding the foregoing, DE may seek injunctive or other equitable relief to protect its Intellectual Property rights in any court of competent jurisdiction.
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 CC 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 the 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.
Last Updated September 21, 2022.