Last updated: June 2014
Components of the Services
The Services may consist of several components, which may change over time. These components may include some or all of the following:
- Online Self-Assessment. The Online Self-Assessment allows you to submit information and obtain a series of maturity scores regarding your business processes for protecting intellectual property or preventing corruption.
- Independent Evaluation. CREATe may conduct an assessment to provide an independent evaluation of the maturity of your business processes for protecting intellectual property or preventing corruption. A series of independent evaluation maturity scores will be generated for comparison to the self-assessment maturity scores.
- Improvement Plan & Training. CREATe may offer general information and customized training to help you understand your maturity scores and improve your practices.
- Sponsor Company Access. If another person or entity has paid for or sponsored your access to the Services (“Sponsor Company”), the Sponsor Company is authorized to view your maturity scores and benchmarking data, and we have the right to provide such information and material to that Sponsor Company.
- Registry. CREATe may create a registry that allows you or CREATe to publish your name and maturity scores for otherusers to see (the “Registry”). Other users are permitted to view your name and maturity scores if you choose to participate in the Registry.
- Website and Access to Learning Environment. CREATe maintains a website and provides access to an online learning environment (the “LMS”) in order to help provide you the above-listed Services, to further your use of the Services, and to provide you additional information about CREATe and its affiliates.
Account Access to Services
Unless otherwise expressly indicated by us, users are required to use a unique key to set up a unique user account (“Account”) to access the Services. Each Account is unique to a single user only, unless otherwise expressly indicated by us. You may be required to submit information in order to set up an Account. If so, you agree to provide accurate and complete information during the set up process, and to inform us of any changes to that information. You are responsible for maintaining the confidentiality of your Account and password, and you agree to accept responsibility for all activities that occur under your Account or password. In case of misuse, we may terminate further access or take such other action as we, in our sole discretion, deem appropriate. If you believe there has been unauthorized use, you must notify us immediately.
The Services require payment of a fee and other charges unless otherwise expressly indicated by us. We reserve the right to update the fees and charges for our products and services.
Unless otherwise expressly indicated by us or required by law, all fees and charges are non-refundable, including for unused portions of Services and for terminated or suspended Accounts. All fees and charges will be billed to and paid by you in United States dollars, unless otherwise expressly indicated by us. You must pay all fees and charges incurred through your Account at the rates in effect at the time they are incurred and on or before the applicable due date.
You are responsible for paying all applicable taxes, and the fees and charges do not include any taxes. If any taxes are required to be withheld from any amounts payable to CREATe, the amounts payable to CREATe will be increased (grossed-up) to the extent necessary so that CREATe retains for itself, after the withholding and payment of all such taxes, the stated fees and charges for the applicable products and services.
We do not provide price protection or refunds, including in the event of a price drop or promotional offering.
Ownership and Use of the Services and Content
- Proprietary Rights. CREATe respects copyright and other intellectual property laws and expects you to do the same. The technology, information, content and other intellectual property on, included in, or made available to you as part of the Services, including the trademarks, service marks, logos and other indicia of origin used in connection with the Services (collectively, the “Content”), are owned by or licensed to CREATe, and are subject to copyright, trademark and other intellectual property protection under the law. This Content includes the text, software, graphics, images, audio, video, interactive features, information, methodologies, processes, know-how, benchmarking reports, data, plans, guides, evaluations, maturity scores, registries, and all other deliverables, documents and materials you may view or access through the Services or that are otherwise included in the Services or provided or made available to you by CREATe as part of the Services, as well as the compilation (meaning the collection, arrangement and assembly) thereof and any derivative works, improvements, or enhancements of the same. CREATe or its licensors solely and exclusively own all rights, title and interests in and to all Content, including all intellectual property rights relating to such Content.
Terminating your account on the Services will not automatically delete Your Material unless otherwise expressly indicated by us.
- Analytics Data. CREATe may create, maintain, use, share, distribute and otherwise exploit Analytics Data in any manner and for any purpose. “Analytics Data” means aggregated data derived from the operation or use of the Services, including blinded aggregated maturity scores of multiple companies and data elements derived, in whole or in part, from Your Material, and any conclusions, reports or other data resulting from analysis of any such data. As between you and us, we solely and exclusively own all rights, title and interests in and to all Analytics Data, including all intellectual property rights relating to such Analytics Data.
- Sponsor Company Access to Information. If you have a Sponsor Company, you hereby consent to us providing, and agree we have the right to provide, to your Sponsor Company your maturity scores and benchmarking data (collectively, “Sponsor Accessible Information”), and any other information you authorize us to provide to your Sponsor Company.
- Information in Registry. If you have separately elected to participate in a Registry, you hereby consent to us publishing, and agree we have the right to publish, your name and maturity scores in any such Registry that we may create.
- Your Marks. We will not use your names, marks or logos (collectively, “Your Marks”) in CREATe marketing materials, or to identify you as a user of the Services or CREATe customer without your prior approval, which approval you agree not to unreasonably withhold (such approved uses, collectively “Permitted Uses”).
- Your Marks License. You hereby grant to us a worldwide, sub-licensable, royalty-free, perpetual, irrevocable, non-exclusive license to use Your Marks in CREATe marketing materials, and to identify you as a user of the Services or CREATe customer as long as such uses are Permitted Uses. All goodwill arising out of our use of Your Marks shall inure only to your benefit.
Use for Informational Purposes and No Legal Advice or Legal Opinion
The Content provided through or as part of the Services, including the maturity scores, guides, evaluations, plans, and benchmarking reports, merely constitute information that may be useful to you. CREATe makes no guarantees as to any person’s or entity’s legal compliance or level of maturity achieved. The Services and Content are intended for informational and educational purposes only; they are not intended to provide and should not and cannot be considered as legal advice or legal opinion. You assume sole responsibility for all actions you take based upon your review of the Content or other use of the Services. Any reliance upon the Services or any Content is at your sole risk.
Misuse of the Services
You agree not to do or encourage or enable anyone else to do any of the following:
- Display, mirror or frame the Services or any individual element within the Services, without our express prior written consent;
- Tamper with or misuse non-public areas of the Services, our computer systems or the technical delivery systems of any of our providers or contractors;
- Attempt to access or search the Services or Content or download Content from the Services through the use of any mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software or search agents provided by us or other generally available third-party web browsers;
- Interfere with, or attempt to interfere with, the Services or the access of any user, including, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Impersonate or misrepresent your affiliation with any person or entity; or
- Violate any applicable law or regulation, or use the Services or Content for any illegal or unauthorized purpose.
You acknowledge and agree that CREATe has no obligation to monitor your access or use of the Services, but has the right to do so.
Warranty and Liability Limitations
- Sponsor Companies. CREATe and the CREATe Parties are not responsible for and have no liability for any act or omission of any Sponsor Company. Additionally, the Sponsor Companies ARE not authorized to make any representations or warranties or enter into any agreements, arrangements or understandings, contractual or otherwise, on behalf of CREATe or the CREATe Parties.
- General Availability of Services to Others. The Services are made available by us to many persons and entities.