Terms of Use

Ownership of Website; Arbitration; Agreement to Terms of Use

This Terms of Use Agreement (“Agreement”) is made and entered into by and between 3CG ONSITE LLC, a limited liability company organized under the laws of the State of Delaware (“OnSite”), and you (“you” or “your”), the user of the OnSite website and its associated services (collectively “Website”). This Agreement will be effective when you browse the Website, accept cookies from the Website, and/or select the box to agree to our terms of use upon creating a User Account, and your continued use of the Website or selection of the “I Agree” button constitutes your manifestation of assent to the terms of this Agreement. If you do not wish to be bound by the terms of this Agreement, you must not select the “I Agree” button or use the Website.

NOTICE OF ARBITRATION. THIS TERMS OF USE AGREEMENT CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT APPLIES TO ALL CLAIMS EXCEPT FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT OR THOSE THAT CAN BE BROUGHT IN SMALL CLAIMS COURT. EXCEPT AS OTHERWISE STATED UNDER THE TERMS OF THIS AGREEMENT, YOU AGREE THAT ANY AND ALL DISPUTES BETWEEN YOU AND ONSITE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.

OnSite’s Ownership of Content and Trademarks

You understand and agree that the Website, including, but not limited to, its source code, data, selection and arrangement, executable code, structure, and organization, contains the valuable trade secrets and intellectual property of OnSite. Under the terms of this Agreement, you do not acquire any ownership rights to the Website or the data contained therein. You acquire only a limited license to use the Website subject to the terms of this Agreement. All other rights are reserved by OnSite.

You acknowledge and agree that any and all trademarks, trade names, design marks, or logos displayed on or through the Website by OnSite, including, but not limited to, ONSITE, are common law or registered trademarks owned by or licensed to OnSite. You are expressly prohibited from using the trademarks of OnSite to cause confusion in, to cause mistake in, or to deceive consumers, or from falsely designating the origin of, the source of, or the sponsorship of your goods or services. You are further prohibited from using the trademarks of OnSite in domain names, in keyword advertisements, to trigger keyword advertisements, or in meta tags. All other trademarks, trade names, design marks, or logos are the property of their respective owners.

Your Use of the Website

Conditional upon your adherence to the terms of this Agreement, OnSite grants you a limited, non-exclusive, non-transferable, worldwide, and revocable license to use the Website in its executable, and non-source code, form and for its customary and intended purposes. The customary and intended purposes of the Website are limited to its use, to review information published on the Website, to communication with OnSite, or to purchase services through the Website.

As a condition of the license granted to you under the terms of this Agreement, and except where otherwise expressly allowed under the terms of this Agreement, you are expressly prohibited from the following:

1. 1. Attempting to access the Website other than through a standard web browser unless You have been permitted to do so by OnSite through a separate, written agreement (this restriction does not apply to search engines that comply with OnSite’s robots.txt file);

1. 2. Accessing or attempting to access the Website through automated means (this restriction does not apply to search engines that comply with OnSite’s robots.txt file);

1. 3. Distributing, framing, emulating, cloning, publishing, displaying, selling, assigning, sublicensing, renting, leasing, loaning, modifying, publicly displaying, publicly performing, creating derivative works of, translating, or adapting the Website;

1. 4. Decompiling, reverse engineering, disassembling, or hacking the Website;

1. 5. Scraping, caching, or utilizing the Website through a proxy;

1. 6. Utilizing the content of the Website for the training of machine learning or artificial intelligence algorithms;

1. 7. Sharing your User Account with others or providing unauthorized access to your User Account;

1. 8. Circumventing the Website’s technology protection measures;

1. 9. Infringing upon the intellectual property or other proprietary rights of OnSite;

1. 10. Posting or transmitting content intended to collect personal or personally identifiable information from users of the Website or third parties;

1. 11. Exporting the Website in violation of the export controls or regulations of the laws of Your country or any other country’s laws or regulations;

1. 12. Using the Website to violate any applicable law, statute, regulation, ordinance, or treaty, whether national or international;

1. 13. Using the Website to violate the rights of third parties, including, but not limited to, personal and proprietary rights;

1. 14. Removing or altering any proprietary notices contained within the Website, including, but not limited to, copyright and trademark notices; or

1. 15. Encouraging or assisting any other party to do anything in violation of the terms of this Agreement.

Your Representations and Warranties

When using the Website, you warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that you are a human individual that is eighteen (18) years of age or older and that you are not a bot, script, or other computer or machine. You warrant that you are not prohibited from assenting to this Agreement by any preexisting Agreement. If you are using the Website on behalf of a third party, including but not limited to a business entity, you warrant that you are the authorized representative of that third party and have the authority to bind that third party to the terms of this Agreement.

User Accounts

OnSite may provide you with the ability to register a user account (“User Account”), which will provide you with additional access to the Website.

Your User Account is protected by a username and password. You recognize that you are solely responsible for maintaining the security and confidentiality of your username and password and that you are responsible for any unauthorized access to your User Account. In the event your User Account is accessed without your authorization, you agree to notify OnSite immediately. You expressly agree and understand that you are prohibited from allowing any third party to use your User Account. You are also prohibited from using any other user’s User Account. You may be held liable for losses incurred by OnSite due to someone else using your User Account or as a result of your failure to keep your User Account information secure and confidential. OnSite reserves the right to restrict access to, suspend, disable, or delete Your User Account at any time, in its sole discretion, and without warning.

OnSite may provide you with the ability to submit ideas to OnSite through the Website. If you submit ideas to OnSite, you agree that any ideas that you submit to OnSite will automatically become the property of OnSite and that you will not be compensated for the submission, use, or implementation of the idea that you submitted to OnSite. You understand and agree that OnSite may use or redistribute any ideas that you submit to OnSite for any purpose and in any way and that OnSite has no obligation to keep any ideas submitted to OnSite confidential.

Privacy and Data Processing

In your use of the Website, OnSite may collect personal or personally identifiable information from you. You warrant and agree that, for any personal or personally identifiable information that you transmit to OnSite, you have adequate rights to transmit that personal or personally identifiable information to OnSite and that doing so does not violate any law, statute, regulation, ordinance, or treaty, whether local, state, national, or provincial. OnSite has adopted its Privacy Notice to ensure that you understand the type of information that it collects, when it collects it, how it uses it, and your right of access to it.

Payment; Taxes

Payment for all services obtained through the Website must be made at the time of ordering. You understand and agree that the prices quoted on the Website are an invitation to deal and that no contract will be formed between you and OnSite until OnSite accepts your invitation to deal by performance, specifically, by providing the ordered services. Pricing errors will not constitute a contract between you and OnSite, and OnSite strives to quickly correct any pricing errors on the Website when discovered. You agree that you will pay all applicable taxes or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website or purchase of services through the Website. All costs and fees are quoted and payable in United States Dollars and you acknowledge and agree that OnSite is not responsible for any foreign transaction fees or other fees charged to you by your financial institution or by OnSite’s payment processor. You agree that you will not initiate any chargebacks to OnSite unless otherwise authorized by OnSite in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against OnSite. OnSite will report as income all payments received from You to OnSite to all proper taxing authorities.

Onsite uses third party payment providers to receive payments from you. Onsite is not responsible for delays or erroneous transaction execution or cancellation of orders due to payment issues. Onsite takes utmost care to work with 3rd party payment providers, but it does not control their systems, processes, technology and workflows, hence cannot be held responsible for any fault at the end of payment providers. You understand and expressly authorize Onsite to collect payment from or charge the credit card for availing our services.

Onsite reserves the right to change or replace the payment gateway at its sole discretion without any reservation whatsoever.

All transactions are completed through secure third-party payment gateways and at no point of time does Onsite assume any liability for any loss of data or wrongful payment or invalid payment processing by such a third party. You agree that you shall hold Onsite harmless against any such dispute or legal claim.

Onsite is not liable and will not be held as such for any unexpected charges. You, as a user of the Website, are expected to monitor your subscription and make conscious decisions to cancel or continue your services at a time of your choosing, and Onsite will not provide refunds based upon your failure to cancel subscription services obtained through the Website. Only a customer stopping the subscription via manual means with their payment processor shall terminate any subscription, and correspondence through email, social media, or verbally does not in any way guarantee a subscription will be terminated.

If you subscribe to a service through the Website, you may cancel your membership at any time, using the cancel link when logged in in the Billing tab of your User Account. Cancellation within a trial (before any charge has been made), will incur no further charges, and account termination will happen shortly afterwards. If you cancel during a monthly, or annual membership cycle, you will retain access to the software service until the end of that paid period. Onsite shall have no responsibility or liability to provide any form of refund after a monthly, or annual cycle has already started and been paid for.

Enrollment in Amazon’s PLS Program

When you use the Website and its associated services, you may be provided with the ability to enroll in Amazon’s PLS program. When you enroll in Amazon’s PLS program, you agree to the following terms and conditions.

Enrollment Timeframe: Amazon typically takes up to 14 days to process the enrollment into the PLS Program. However, please note that any delays in the enrollment process are solely at the discretion of Amazon and are beyond the control of Onsite.

Refund Policy: Due to the variable processing time required by Amazon to ensure brand compliance and listing accuracy, refunds for Onsite’s subscription are not warranted. Amazon’s thorough review process is essential to ensure that your brand is properly represented and live on their platform.

Responsibility for Delays: Onsite accepts no responsibility for any delays in the enrollment process. This includes delays caused by Amazon’s review procedures or any other factors beyond Onsite’s control. Onsite is not responsible for any monetary losses incurred as a result of these delays.

No Warranties for Customer Disputes: Customers are not warranted for refunds, disputes, or credits due to delays in Amazon’s PLS enrollment process. It is understood that this aspect of the enrollment process is a small portion of the overall services provided by Onsite, and as such, Onsite cannot be held liable for any issues arising from such delays.

By proceeding with enrollment in Amazon’s PLS Program through Onsite, you acknowledge that you have read, understood, and agreed to abide by these terms and conditions. These terms are subject to change at the discretion of Onsite without prior notice.

Consumer Rights Information; California Civil Code Section 1789.3

If this Website charges for services, products, content, or information, pricing information will be posted as part of the ordering process for this Website. We maintain specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3. All correspondence should be addressed to our agent for notice at the following address:

Notification of Consumer Rights Complaint or Pricing Inquiry:

3CG ONSITE LLC

16192 Coastal Hwy

Lewes, DE 19958

[email protected]

You may contact us with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries.

The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814.

Disclaimer of Warranties and Limitation of Liability

The services sold through the Website have been designed for the specific uses designated within their accompanying instructional materials or as displayed on the Website. These services may not be used for unlawful uses or for uses not expressly stated in their instructional materials.

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES PROVIDED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT. WHEREVER PERMITTED BY LAW, YOU ACKNOWLEDGE THAT ONSITE WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE SERVICES PURCHASED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS AND ATTORNEYS’ FEES. YOU ACKNOWLEDGE THAT YOUR USE OF SERVICES PURCHASED THROUGH THE WEBSITE IS AT YOUR SOLE RISK AND THAT ONSITE’S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID FOR THE SERVICES IN QUESTION OR $1000, WHICHEVER IS LESS. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO SEEK LEGAL ADVICE TO DETERMINE IF THIS EXCLUSION APPLIES TO YOU.

ONSITE WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY, WHETHER IN WARRANTY, CONTRACT, STRICT LIABILITY, TORT, OR NEGLIGENCE, FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF SERVICES PURCHASED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DAMAGE TO PROPERTY, LOSS OF BUSINESS, LOSS OF INCOME, LOSS OF LIFE, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNATIVE DAMAGES, OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WEBSITE IS PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT. WHEREVER PERMITTED BY LAW, YOU ACKNOWLEDGE THAT ONSITE WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS, AND ATTORNEYS’ FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE WEBSITE OR DOWNTIME. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT ONSITE’S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO USE THE WEBSITE OR $1000, WHICHEVER IS LESS.

Indemnification

You agree to indemnify, defend, and hold harmless OnSite, its officers, shareholders, directors, employees, subsidiaries, affiliates, and representatives, from any and all losses, including, but not limited to, costs and attorneys’ fees, arising out of or related to (i) your use or misuse of the Website, (ii) your use or misuse of services purchased from the Website; (iii) your violation of any term or condition of this Agreement; (iv) your violation of the rights of third parties, including, but not limited to, intellectual property rights or other personal or proprietary rights; and (v) your violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international. Your obligation to defend OnSite will not provide you with the ability to control OnSite’s defense, and OnSite reserves the right to control its defense, including its choice of counsel and whether to litigate or settle a claim subject to indemnification.

Arbitration and Choice of Laws

You agree that any dispute, claim, or controversy arising out of or in relation to this Agreement, or the applicability, breach, termination, validity, enforcement, or interpretation thereof, will be settled by binding individual arbitration. If there is a dispute about whether this arbitration clause can be enforced or applies to the dispute between you and OnSite, the parties agree that the arbitrator will decide that issue. Notwithstanding the foregoing, You and OnSite each agree that any claim related to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights will not be subject to this arbitration clause or arbitration. However, all claims related to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or intellectual property rights will be interpreted under Delaware law and will be heard exclusively in the state and federal courts located in or with jurisdiction over Dover, Delaware.

You and OnSite agree that the Federal Arbitration Act will govern the interpretation and enforcement of this arbitration provision. The arbitration shall be finally resolved by binding arbitration through the platform provided by New Era ADR, Inc. (https://app.neweraadr.com/) (the “New Era Platform”) in accordance with its rules and procedures for “Virtual Expedited Arbitrations” by a professional neutral(s) with substantial experience in resolving commercial disputes (the “Neutral”). The Neutral shall be chosen in accordance with the rules and procedures of the New Era Platform. The parties will bear costs as provided for under this Agreement or, if silent, in accordance with the rules and procedures of the New Era Platform. Judgment on any award rendered by the arbitrator may be entered in any court having jurisdiction and shall be enforceable consistent with the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, commonly referred to as the 1958 New York Convention. The arbitrator will be provided with the right to award costs and attorneys’ fees to the prevailing Party. The arbitrator will apply the laws of the State of Delaware and the federal laws of the United States in deciding any controversy or claim pursuant to this arbitration clause. ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION, AND YOU AND ONSITE EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN NOR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS.

Force Majeure

OnSite will not be responsible for any delay or failure in performance of the Website arising out of any cause beyond OnSite’s control, such as acts of God, war, riots, fire, pandemic, terrorist attacks, power outages, severe weather, or other accidents.

Survivability

The representations, warranties, duties, and covenants made by you under this Agreement will survive the termination of this Agreement, your User Account, or the Website, including, but not limited to, your duty to indemnify and defend OnSite.

Interpretation

This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against its drafter.

Assignment

You are expressly prohibited from assigning your rights and duties under this Agreement. OnSite reserves the right to assign its rights and duties under this Agreement, including in a sale of OnSite, its assets, or the Website.

Waiver and Integration

No term or condition of this Agreement or breach of this Agreement will be deemed to have been waived or consented to unless said waiver is writing and signed by the party to be charged. This Agreement is the entire agreement between the parties and supersedes all previous agreements or representations between the parties.