Use of the Site

You are authorized to use this Site only to obtain information, communicate with CCS representatives or, for customers who are using CCS Services through an account, then also to access the CCS Services only for uses permitted in the applicable Terms and Conditions.

This means that CCS does not give you the right to do thing such as copy, reproduce, republish, mirror or upload the Site, reverse engineer any of its content, any CCS Services or data derived therefrom and you cannot create derivative works from any part of the Site (including its content) or any CCS Services or distribute any of it or them to anywhere or anyone else.

If you obtain data from third parties by accessing the Site then your use of those data must be in compliance with all applicable laws and regulations.

CCS does not grant you any express or implied rights or licenses or any other intellectual property rights, except for the limited and revocable authorization granted in the first paragraph of this Section.

The Site and/or your account might not be accessible from time to time for any number of reasons, including maintenance or system problems. CCS will work to minimize such downtime but it makes no promises, representations or warranties.

Access from Outside of the United States

Some features or functionality might not be available if you are accessing the Site from outside of United States territory. CCS has no obligation to make such features and functionality available.

Your information; CCS information on the Site; Third Party Links

1. Your Information.  If you provide CCS with information then the use of that information will be governed by CCS’s privacy policy, which you can find [here].
2. CCS Information on the Site.  CCS does not promise, warrant or represent that the information on the Site is accurate, complete or current. CCS assumes no responsibility (and expressly disclaims responsibility) for updating this Site. You can also find the explicit disclaimers and representations in the Sections below. CCS might provide updates or it may add or delete features, functionality or entire services or products. CCS might not resolve any reported problems with the Site.
3. Third Party Links.  You might find links to other websites on this Site. CCS is not responsible for your use of those other websites. You are entirely responsible for whatever you do or do not do on those websites and should review their respective privacy policies and terms prior to using the websites.

DISCLAIMER OF WARRANTIES

YOU ACCESS THIS SITE AND DISPLAY THE WEBPAGES AND THEIR CONTENT AT YOUR SOLE RISK. YOU ALSO USE THE CCS SERVICES AT YOUR OWN RISK. CCS PROVIDES THE SITE AND ALL CONTENT, SOFTWARE, PROGRAMS, FEATURES AND FUNCTIONALITY AND SERVICES “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER.

CCS, WITHOUT LIMITATION, MAKES NO WARRANTY OR GUARANTEE THAT YOUR ACCESS TO THE SITE, YOUR DISPLAY OF ANY PART OF THE SITE AND/OR THE USE OF THE CCS SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR WILL BE IN COMPLIANCE WITH APPLICABLE LAW AND REGULATIONS.

TO THE FULLEST EXTENT PERMITTED BY LAW, CCS EXPRESSLY DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS AND/OR LAWS AND REGULATIONS.

YOU UNDERSTAND AND AGREE THAT YOU OBTAIN MATERIALS, CONTENT, PRODUCTS, SOFTWARE, PRODUCTS OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

CCS MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR EQUIPMENT TO ACCESS AND DISPLAY THE SITE WILL BE COMPATIBLE WITH THE SITE AND/OR CCS SERVICES.

LIMITATION OF CCS’S LIABILITY

IN NO EVENT WILL CCS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS SITE, ITS USE OR ACCESS AND/OR ANYTHING OR ANYPLACE ACCESSED THROUGH THE SITE AND/OR THE USE OF CCS SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA OR DAMAGES OR PENALTIES ARISING FROM A VIOLATION OF LAWS OR REGULATIONS, EVEN IF CCS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

Indemnification

You agree to indemnify, hold harmless and defend CCS, its shareholders, directors, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability (and including any governmental actions or governmental or other lawsuits), including reasonable costs and attorney’s fees, asserted by any person, arising out of or relating to: (a) your breach of the terms of this Agreement; (b) your unauthorized use of the Site, including any information, communication, data or work that you provide or obtain in connection through the Site; (c) libelous, slanderous, indecent or other statement concerning any person made or republished by you; (d) any violation of federal, state and/or local law related to, arising out of or connected with your use of the Site. CCS has the right, but not the obligation, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you pursuant to this Section. CCS agrees that it shall give you reasonable notice of any claim, threatened or made, or suit instituted against it that could result in a claim for indemnification. CCS agrees that in the event that indemnification is sought under this provision, CCS shall furnish you, upon request, all information and assistance available to CCS for defense against any such claim, suit, or demand, to the extent permitted by law or court action but taking into account any non-disclosure obligations CCS may have. Please note that this indemnification is in addition to any other indemnification obligations you may have with CCS.

Limiting Access to the Site

CCS has the right to suspend or terminate your access to the Site at any time and without notice if CCS believes that you have violated this Agreement or any other agreement you have with CCS (such as your service agreement if you are a paid subscriber), failed to pay in accordance with your payment obligations (if any) and/or if CCS believes that your access may result in injury to CCS or third parties or violation of law or regulations or an investigation by governmental authorities as to your use. CCS can also suspend or terminate access by free-trial users for any reason whatsoever at any time and without notice. If a governmental authority advises CCS that it believes that your access to the Site violates or will violate applicable laws and regulations and CCS incurs any costs or other expenses arising from its response to such advice, then you will reimburse CCS for all such costs and expenses, which includes attorney fees and expenses.

Changes to this Agreement

This is a binding agreement and so it cannot be changed without your consent. If you consent to those changes (see how that happens below), then the changes will affect only your use of the Site only after your acceptance of the changes.

CCS will provide notice of any changes to this Agreement either by posting a notice on the Site or by contacting you (or both). You consent to the changes in the same way that you consented to this Agreement—by using the Site. If you do not agree to the changes, then do not use the Site.

This is the entire agreement relating to the access to and display of the Site. This Agreement cannot be changed by any oral or written (including email) communications and/or documents unless such documents expressly state that this Agreement is being thusly changed. Use of the CCS Services by subscribers will continue to be governed by your CCS Services Agreement, which this Agreement does not alter.

Governing Law, Remedies, Waiver

This Agreement is governed by the law of the State of California without taking into account its principles and case law relating to conflicts of laws. CCS and you consent to the exclusive jurisdiction of the state and federal courts sitting in Los Angeles, California. You waive all claims to the defense of inconvenient venue and any related defense.

If a court determines that some terms of this Agreement are not enforceable, that will not affect other terms. They will still be enforceable.

CCS and you agree that other remedies might not be adequate and, accordingly, agree that CCS shall have rights in equity for injunctive and other equitable relief, in addition to any and all other remedies CCS may have under this or other agreements with you or at law.

CCS does not waive any of its rights or remedies because it does little or nothing when you do something that breaches, or may breach, this Agreement. It does not mean that you have no liability for that action (or inaction), that CCS cannot exercise whatever remedies it may have or that you can do it again.

No Assignment

CCS is granting certain rights to you, and accordingly you may not assign this Agreement or any of its rights or obligations without the prior written consent of CCS. Any attempted assignment without such prior written consent shall be void, and will be considered a material breach of this Agreement.

Contacting Us

You can contact us either by email at info@directccs.com or by phone at 888-992-6682.

Survival

The following Sections survive any termination or expiration of this Agreement: (1) Use of the Site; (2) Access from Outside of the United States; (3) Your Information; CCS information on the Site; Third Party Links; (4) Disclaimer of Warranties; (5) Indemnification; (6)Indemnification; (7) Governing Law, Remedies, Waiver; (8) Survival; (9) Definitions; and (10) Compliance with Law.

Definitions

“Agreement” and “TOU” each means this Terms of Use, including any and all changes to it.

“CCS” means the company, Contact Center Specialists LLC.

“CCS Services” means each service option that CCS provides to its customers (i.e., those with accounts) as governed by the Terms & Conditions, whether accessed through a Site or otherwise. This definition also includes and changes to any such services.

“Site” means the website linked to this TOU and on which CCS provides general information about the CCS Services and CCS itself.

“You” (whether in lower case or not) means the person who visits the Site and if the access to the Site is for business purposes by a legal entity then that business as well.

Compliance with Law

You agree that CCS is not and will not be responsible for your use of the Site and/or the CCS Services and other services. You hereby assume all liability and responsibility for use of the Site in compliance with any applicable federal, state or local laws (and including the laws of non-US jurisdictions in which your use of the CCS Services may result in jurisdiction over your actions).

You hereby assume responsibility for promptly reimbursing CCS for all costs and expenses of any kind, including reasonable attorneys’ fees, as they are incurred by CCS in connection with or related to any actual, alleged or threatened damages or other claims arising from alleged and/or actual violations by you of any applicable laws and/or regulations.