CompanyCam Terms of Service

Updated: January 14, 2025

PLEASE CAREFULLY READ THESE TERMS OF SERVICE BEFORE YOU USE THE SERVICES AS THESE TERMS IMPACT YOUR LEGAL RIGHTS.

CompanyCam, Inc. welcomes you to our website (the ​“Site”) and the applications and services available from us, through the Site, on your mobile device, or other platforms (collectively with the Site, the ​“Services”). Your use of the Services is governed by these Terms of Service (these ​“Terms”). Any time you use the Services in any way, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use the Services.

Modifications to the Terms

We reserve the right to modify these Terms at any time, with such changes becoming effective when we post the modified Terms to the Services. Each time you use the Services, the then-current version of the Terms will apply. If you use the Services after a modification of these Terms, you agree to be bound by the Terms as modified.

Agreement to Arbitrate and Waiver of Class Action and Jury Trial

This agreement includes a mandatory mutual arbitration agreement (“arbitration agreement”). Under that arbitration agreement, you agree that we will resolve all disputes between us by binding arbitration. You understand that you waive the right to bring or participate in a class action, the right to a court proceeding, and the right to a jury trial. See the section of these terms titled ​“Mandatory Dispute Resolution and Agreement to Arbitrate; Class Action Waiver and Jury Trial Waiver” for more information.

Cookies, Pixels, Session Replay and Other Tracking Technologies 

We may use cookies, pixels, session replay and other tracking technologies, including third-party tracking technologies, or (collectively, ​“Adech”) on the Services. We use Adtech to collect and perform data analytics, to record how you interact with the Services and Content, including where you direct your mouse, the information you type, and other user related activities and to serve you with targeted advertising. 

By visiting and using the Services, you are consenting to our use of Adtech and understand and agree that we may share personal information about you that we collect from the use of Adtech with our Adtech partners. For more information about how we use Adtech, please see our Privacy Policy.

Online Chat

If you have a question about our products, a previous order, or other inquiry, you can use our Services chat feature to contact us. We use a third-party service provider to provide the online chat feature. To better serve you, our customer service agents leverage our service provider’s artificial intelligence-powered online chat Service to promptly assist with your questions or concerns.

By using the chat feature on the Services, you consent to your information being collected, used, and processed by our service provider on our behalf. We will handle any personal information we receive through the chat feature, such as chat transcripts, account or order information, or your contact information, in accordance with our Privacy Policy.

Eligibility

When you use the Services, you represent that you are (i) at least the age of majority in the jurisdiction where you reside or (ii) if you have not reached the age of majority in the jurisdiction where you reside, that you have received permission to use the Services from your parent or legal guardian. 

You represent that any information you submit to us when using the Services is accurate, truthful, and current. You also represent that your use of the Services does not violate any applicable law or regulation. 

Privacy Policy

We collect certain Personal Information when you use our Services which we will handle in accordance with our Privacy Policy.

Protection of Intellectual Property Rights and License

CompanyCam is the sole and exclusive owner of the Services. The Services contain certain text, graphics, interfaces, computer code, documentation, logos, slogans, product names, software, data, music, sound, photographs, videos, recordings, creative works, reports and other content, including the design, selection, and arrangement of content on the Services (“Content”). The Services and their Content are protected by copyright, trademarks, patents, or other proprietary rights and laws (“Intellectual Property Rights”). The Services may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners.

Nothing contained in these Terms or the Services shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise in the Content or any of CompanyCam’s or a third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved. Any unauthorized use of the Intellectual Property Rights in the Services or Content are strictly prohibited.

We authorize you to copy materials from the Services to your device’s local or cloud storage solely for viewing and using the Services for your individual use or use by your organization, provided that you do not remove or obscure the copyright notice or other notices displayed on the Content. The CompanyCam name and logo are our trademarks, and may not be copied, imitated or used, in whole or in part, without our prior written permission. In addition, all page headers, custom graphics, button icons, and scripts are our Service marks, trademarks, and/​or trade dress, and may not be copied, imitated or disseminated, in whole or in part, without prior written permission from us.

Account Registration

In order to use the Services, you will be required to register for an account (“Account”). As the person who registered for the Account (the ​“Account Owner”), you are entitled to certain administrative permissions as set out in the Services. As part of the Account creation process, you will be asked to provide a username and password unique to the Account (“Login Information”). You are responsible for the confidentiality and use of your Login Information and agree not to transfer or disclose your Login Information to any third party other than an individual with express authority to act on your behalf. You are solely responsible for any activities occurring under your Account. If you suspect any unauthorized use of your Account, you agree to notify us immediately at support@​companycam.​com or through the ​“Chat with Support” links in our web and mobile application. We reserve the right to discontinue offering the Services, including by terminating your Account, at any time pursuant to these Terms. You have no ownership right to your Account, and our liability if you are unable to access the Services, if any, is limited by these Terms.

Accounts

Accounts come in two primary groups: 1) Organizational Accounts, and 2) Individual Accounts. Organizational Accounts can assign access rights to and be linked to a certain number of Individual Accounts as set out in your access plan (as an example a business would have an Organizational Account and its individual employees or agents would have Individual Accounts under the Organizational Account). 

Organizational Accounts

As the Account Owner of an Account opened on behalf of an organization (an ​“Organizational Account”), you may grant access to the Services to certain individuals or other organizations (“Authorized Users”), subject to the limits of any plan for which you enroll. When registering for an Organizational Account, administering such Account, and when accessing or otherwise using the Services, you represent or warrant that the information you enter for your organization is correct. You understand that the Organizational Account Owner is responsible for all activity conducted by all Authorized Users. Each Authorized User must have their own Login Information. Use of a single Individual Account by several end users shall be considered a material breach of this Agreement, and CompanyCam reserves the right to terminate the Organizational Account for cause due to such breach.

Individual Accounts

As the Account Owner of an individual account (“Individual Account” or ​“Account”), you are responsible for your own actions. If you choose to add any users, your Individual Account will become an Organizational Account for purposes of these Terms. If you have accepted an invitation to join the Services by your organization, and your Account becomes linked to such Organizational Account, you acknowledge that the administrators of the Organizational Account to which you are linked may have access to all activity/​data logged or generated in your Account. You further acknowledge that you have no individual rights in your Account if you are linked to an Organizational Account, and that the Organizational Account Owner may revoke your permission to access your Account. Finally, you acknowledge that any and all User Content you upload or otherwise supply to the Services shall become the property of your Organizational Account Owner, and you hereby assign all right, title, or interest in such User Content to such Account Owner.

Permitted Uses

You are authorized to access the Services for the sole purpose of viewing and using the Services on your computer or device. If you fail to abide by these Terms, we reserve the right to terminate your access the Services and we may pursue legal actions including to protect our intellectual property rights or the intellectual property rights of others. If you use the Services or their Content, you must comply with the following:

• No Violation of Applicable Laws. You may not use the Services for any illegal or unauthorized purpose. You must comply with all laws, rules, and regulations (for example, federal, state, local and provincial) applicable to your use of the Services and your User Content (defined below), including but not limited to, copyright laws.

• No Copying or Republication. You may not decompile, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Services, or any Content thereon. 

• No Unauthorized Sharing. You may not use any information or shared with you from another user or account owner (such as through our Corporate Portal product) for any purposes except in connection with the use of the Services, unless you have otherwise obtained permission for such use from the owner of such information.

• No Scraping. You may not use any robot, spider, or other automatic device or manual process to scrape, monitor, mine, retrieve, or copy the Services or their Content without our prior written permission. 

• No Linking or Framing. You may not link or frame to any pages of the Services or any Content except as may be specifically authorized by CompanyCam in advance and in writing.

• No Inappropriate Content. You agree not to submit any materials that are vulgar, profane, abusive, hateful, or which use sexually explicit language, epithets or slurs, text or images in poor taste, inflammatory attacks of a personal, sexual, racial, or religious nature, or expressions of bigotry, racism, discrimination or hate, or that harms, or is inappropriate for minors to view.

• Limits on User Content. You agree not to Submit any User Content that is harassing, defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, or unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights or right of publicity of any third party, is harmful or offensive to any individual or community, contains any actionable statement, tends to mislead or reflect unfairly on any other person, business or entity, or Submit User Content that contains copyrighted Content without the express permission of the owner of the copyrights in the Content.

• Protection of Intellectual Property Rights. You shall not violate the Intellectual Property Rights of any person or entity when using the Services, the Content or in providing User Content. 

• No Use with AI. You are prohibited from using or incorporating all or a portion of the Services or the Content into any large learning model, algorithmic software program, data set, AI Model or generative AI tool, including, but not limited to, training or using the Content in developing or operating any AI Technologies, or for automated decision making. 

• Protection of Personal Information. You will not disclose any Personal Information or image of another individual without that person’s prior written consent. You will not post any Personal Information or likeness of a minor.

• No Harmful Behavior. You will not submit inaccurate information via the Services or your Account, commit fraud or falsify information in connection with your use of the Services or your Account, or act maliciously against the business interests or reputation of CompanyCam, its employees or its customers. You will not interfere with another person’s or entity’s use or enjoyment of the Services or the Content. You will not use the Services or Submit User Content to promote a cause or movement, whether political, religious, or otherwise, or to use the Services for chain letters or texts, junk mail, spamming, or use of distribution lists. You will not act maliciously against the business interests or reputation of CompanyCam.

• No Impersonations. You may not impersonate or attempt to impersonate another user or person when using the Services or their Content or when making a purchase.

• No Commercialization. You shall not advertise, promote or offer to trade any goods or Services using the Services or Content or use the Services or Content to create a competing website or business.

• No Assignment. You will not sell or otherwise transfer your Account.

• No Interference with the Operation of the Services. You will not engage in activities designed to disable, damage, change the functionality or appearance of the Services, to render the Services inoperable or to make it more difficult to use. You will not use the Services to access or attempt to access our network or infrastructure, another Account, or unauthorized access to the Services. 

• No Hacking. You will not attempt to gain unauthorized access to other computer systems from or through the Services or your Account; not to upload, post, or transmit malware, viruses, Trojan horses, worms, time bombs, cancelbots, ransomware, or other harmful, disruptive, or destructive files or computer programming routines (“Malware”); and not to disrupt, interfere with, or otherwise harm or violate the security or functionality of the Services, system resources, accounts, passwords, servers, or networks connected to or accessible through the Services.

CompanyCam will cooperate with law enforcement if you are suspected of having violated applicable laws in connection with your use of the Services or the submission of User Content. You waive and hold CompanyCam harmless for any cooperation with, or disclosure of your information to, law enforcement relating to your suspected violation of applicable laws.

Payment Terms

In the event you have a paid Account, fees are non-refundable except as required by law or in our sole discretion. If we terminate your Account without cause, we may refund you the fees for the unused portion of your subscription. If you sign up for our annual or monthly prepaid plans, and cancel those plans later, you are not entitled to a refund for the unused portion of your subscription period. You agree to pay all applicable fees when due and, if such fees are being paid via credit card or other electronic means, you authorize us to charge such fees using your selected payment method. By default, customer Accounts are set to auto-renew and we may automatically charge you for such renewal on or after the renewal date associated with your Account unless you have cancelled the Services prior to its renewal date. We may revise fee rates for the Services from time to time and will provide you with email notice of any changes in fees at least thirty (30) days prior to your Services renewal date. You are responsible for providing complete and accurate billing information to CompanyCam. We may suspend or terminate your use of the Services if fees become past due. You are responsible for all taxes (excluding taxes on our net income), and we will charge tax if required to do so by law.

Location-Based Services

Some of the Services may require that location functionality be enabled on the relevant device in order to work properly. You acknowledge and agree that if location permissions and functionalities are not enabled on the device with which you access the Services, the Services may not work appropriately or at all. We will use any location information we receive from you in accordance with our Privacy Policy. By using the Services you are bound by Google’s Terms of Service.

Third-Party Sites

The Site may contain links to third party applications or websites we do not operate, control, or maintain (“Third-Party Sites”). We do not endorse any Third-Party Sites, and we make no representation or warranty in any respect regarding the Third-Party websites. Any links to Third-Party Sites on the Services are provided solely for your convenience. If you do access any Third-Party Sites, you do so at your own risk and waive any and all claims against us regarding the Third-Party Sites or our links thereto.

Usage Data

You agree that we have the right to collect and analyze usage data and other information relating to the provision, use and performance of various aspects of the Services, and related systems (for example, anonymous and aggregated information concerning user behavior and use of the Services) (“Usage Data”). We use such Usage Data to (i) improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other of our offerings, and (ii) disclose such usage data solely in aggregate or other de-identified form in connection with our business.

User Content

Subject to the limitations set forth herein, you may submit, post, or upload (“Submit”) company and user profile information, project descriptions, photographs, comments, video clips, reviews and other communications and content to the Services or through social media websites (“User Content”).

When you Submit User Content, you represent and warrant to us that (i) you own or have the necessary rights to use and share the User Content, (ii) the posting of the User Content does not violate any rights of any person or entity, and (iii) you have no agreement with or obligations to any third party that would prohibit your use of the Site or Services in the manner so used. 

You agree that we may, in our sole discretion, remove User Content at any time. 

You agree not to include any Personal Information about yourself or any other person in any User Content except as requested or required by CompanyCam. 

By Submitting any User Content in the Services, you give us a perpetual, nonexclusive, irrevocable, royalty-free, fully-paid, sublicensable and fully-transferable, worldwide license to use, transmit, reproduce, commercialize, distribute, modify, create derivative works from, and otherwise exploit such User Content (including any related Intellectual Property Rights) for any and all purposes. You agree that we are not required to provide further notice to you, attribution, or payment to you or any other person or entity, except as otherwise expressly provided herein. You agree that this license provides CompanyCam with the right to use User Content to provide, improve, and develop the Services including CompanyCam’s use of Artificial Intelligence Technologies. Artificial Intelligence (“AI”)Technologies are a set of technologies that enable computers to simulate human learning, problem-solving and decision making, including by use of machine learning, and any related AI models, large language models, data sets (including training data sets), algorithms, any technology that can create original text, images, video and other content (known as Generative AI) or automated decision making technology.

User Content Disclaimer

The User Content represents the view of the user and may not represent the views of CompanyCam. We do not endorse the User Content. We cannot confirm the accuracy or credibility of any User Content and we will not be liable to you or any other third party for any actions you may take as a result of reading or viewing User Content.

Feedback

From time to time, you may be asked to provide feedback on the Services or the Platform, whether by a survey or by giving a written testimonial (“Feedback”). Feedback shall include any communications directed to us related to the Services, including without limitation suggestions for new features or functionality or comments, questions, or other suggestions. If you choose to give such Feedback, you agree that all such Feedback shall belong entirely to us, including any ideas, know-how, concepts, techniques, or other intellectual property rights contained in such Feedback, and you hereby assign all right, title, and interest in such Feedback to us. We shall be free to use any Feedback, with or without attribution (subject to our obligations to protect your privacy) or compensation to the provider. 

Content-Sharing Platform

The Services include a content-sharing platform (the ​“Platform”) whereby content-creating users (“Creators”) can create and share certain User Content with other users subject to the sharing permission set by the Creator in the Platform. By sharing User Content, you represent and warrant that you have all necessary permission to share the Content in its form. If the User Content is a photograph, you represent that all personally identifiable information has been removed from the photograph. At times, entering project information into the Services and Platform may require sharing the Personal Information of third parties, such as clients. You agree that only such Personal Information as is necessary has been uploaded to the Services and Platform, and that you have permission in accordance with applicable laws from the subject to share their information with whoever has permission to see such Personal Information inside the Services.

If a Creator shares User Content with you, you agree that Creator retains all ownership rights in the shared content, and you may not use such shared content for any purposes other than in connection with the Platform or other Services offered by CompanyCam or its authorized partners. 

Copyright Infringement

We respect the Intellectual Property Rights of others and comply with the Digital Millennium Copyright Act of 1998 (the ​“DMCA”), which provides a complaint procedure for copyright owners who believe that any material posted online or in an app infringes their rights under U.S. copyright law. 

If you believe in good faith that your work has been improperly copied and posted, please provide us with the following information: 

1. Name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/​her behalf; 

2. Description of the copyrighted work that you claim has been infringed; 

3. Description of where in the Services the material that you claim is infringing is located; 

4. Written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and 

5. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. 

These requirements must be followed to give us legally sufficient notice of infringement. 

Send copyright infringement complaints to the following email address: dmca@​companycam.​com.

We suggest that you consult your legal advisor before filing a DMCA notice with our copyright agent. There can be penalties for false claims under the DMCA.

Warranty Disclaimer

You agree that the Services are available on an ​“as is” and ​“as available” basis, without any warranty, and that you use the Services at your own risk. We disclaim, to the maximum extent permitted by law, any and all warranties, whether express or implied, with regards to the Service, the Content, or user Content, including, without limitation, warranties of merchantability, fitness for a particular purpose, title or non-infringement. CompanyCam does not make any warranty that the Services, content, or user content will meet your requirements, or that access to the Services will be uninterrupted, timely, secure or error-free, that defects, if any, will be corrected, or that there will be continued availability of your stored user content. CompanyCam makes no warranties as to the results that may be obtained from the use of the Services or as to the accuracy, quality, or reliability of any Content or User Content obtained through the Services.

You understand and agree that any Content or user content you download or obtain through the use of the Services is used at your own risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of malware or such Content and/​or data.

We expressly disclaim any liability for claims arising from or related to the use of the online chat feature or Adtech, including but not limited to any session replay technology or any other advertising or website advertising analytics technologies.

Mandatory Dispute Resolution and Agreement to Arbitrate; Class Action Waiver and Jury Trial Waiver

Waiver of Rights

Please read this section carefully. It contains procedures for mandatory binding arbitration and a class action waiver. This covers any disagreement, dispute, claim or controversy arising out of or related to these terms, your use of our Services, Content, User Content, or any other aspect of your relationship with CompanyCam, whether in contract, tort or otherwise (​“dispute”) except the following:

• Any dispute falling within the jurisdictional scope and amount of an appropriate small claims court must be brought in small claims court on an individual basis; and 

• Any dispute to seek to enjoin infringement or other misuse of intellectual property rights may be brought in any court of competent jurisdiction.

Each Party may proceed in any dispute only in that party’s individual capacity, and not as a plaintiff or class member in any class action. A Party’s claim may be part of a mass arbitration in accordance with this arbitration agreement.

By entering into this arbitration agreement, independent of the remaining provisions of these terms, and by agreeing to a waiver of class actions, each of us is giving up certain rights including:

• The right to file a lawsuit or have a jury trial. Instead, we will have a hearing before a neutral arbitrator. There is no judge or jury in arbitration and the discovery and appeal process is different. 

• The right to pursue class actions, collective, or representative claims in court.

Good Faith Negotiations

We always prefer to resolve Disputes by negotiating in good faith. Either party may attempt to resolve a Dispute through good faith negotiations. In the event of a Dispute, each party shall first send written notice of the Dispute, which includes your name, address, email address, phone number and a description of the relief you are seeking (“Dispute Notice”). Within 30 days after delivery of the Dispute Notice (unless mutually agreed by the parties), the parties shall meet virtually at a mutually acceptable date and time. At no point during this time shall either party initiate litigation or arbitration, except for Disputes subject to injunctive or other equitable relief. If the Parties cannot resolve the Dispute within 60 days of the Dispute Notice, either party may pursue individual arbitration proceedings as described below.

Mutual Arbitration Agreement

Arbitration of Individual Disputes.

Any Dispute which cannot be resolved through good faith negotiations, must be pursued through binding arbitration as described in this Section (the ​“Arbitration Agreement”). The arbitration shall be administered before a single arbitrator. 

Scope of Arbitrator’s Decision Making

The parties agree that a single arbitrator shall decide all Disputes and all related issues excluding: (a) issues expressly reserved in the Terms for a court decision; (b) issues that relate to the scope, validity, and enforceability of the Arbitration Agreement, class action waiver, jury waiver or any of the dispute resolution provisions of this Agreement; © issues that relate to the arbitrability of any Dispute; (d) whether a Dispute is barred by the statute of limitations or a contractual provision in these Terms; (e) issues related to the scope, application and enforceability of the waiver provisions are for the court to decide or (f) whether filing of a demand for arbitration was authorized by a party. All other issues are for the arbitrator to decide.

Final and Binding Decision

The decision of the arbitrator will be final and binding and will not have precedential effect. The arbitrator shall not have the authority to award damages outside of those set forth in these Terms. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action, class arbitration or mass arbitration except for as provided in these Terms.

Applicability of the FAA

The parties acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act, 9 U.S.C. Sections 1 – 16, shall govern the interpretation, enforcement, and proceedings pursuant to this Arbitration Agreement. The parties expressly agree that any and all actions taken under the Arbitration Agreement and related provisions, including but not limited to all filings, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party.

Survival

This Arbitration Agreement provision will survive the termination of these Terms. 

AAA Proceedings

All arbitrations shall be filed with and administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules and the Supplementary Rules for Multiple Case Filings (collectively, the ​“AAA Rules”). For more information, please see the American Arbitration Association web site at adr​.org.

If the Arbitrator finds the costs and fees of an Arbitration you initiate will be prohibitive as compared to litigation in court, we will pay as much of your Arbitration filing and arbitrator fees as the Arbitrator deems necessary to prevent the Arbitration from being cost-prohibitive. Payment of fees will be governed by AAA rules. AAA has discretion to reduce fees and a good-faith challenge to the fees does not constitute a waiver or breach of this Agreement.

Mass Arbitrations

If 25 or more arbitration demands asserting the same or substantially similar claims, and seeking the same or substantially similar relief are submitted to AAA with the assistance or coordination of the same law firm(s) or legal entities against either party (a ​“Mass Filing”), the parties agree (i) to administer the Mass Filing in batches of 10 demands per batch with only one batch filed, processed, and adjudicated at a time; (ii) to designate one arbitrator for each batch; (iii) to accept applicable fees, including any related fee reduction determined by AAA Rules in its discretion; (iv) that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 10 is adjudicated; (v) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by us, you and other claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; (vi) that the staged process of batched proceedings, with each set including 10 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved; and (vii) to make good faith efforts to resolve each batch of demands within 180-days, failing which any party may cease arbitration and file in a court of competent jurisdiction.

Appointment of Arbitrator for Batch Proceedings; Procedural Arbitrators

Arbitrators will be selected in accordance with the applicable AAA Rules. The parties agree to cooperate in good faith with each other and with AAA to implement a ​“batch approach” to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by AAA in its discretion, for each batch of demands. 

The parties shall cooperate with each other and with AAA to establish any other processes or procedures that will provide for an efficient resolution of any claims. If the parties cannot agree on a batching process, the parties agree that AAA shall appoint a procedural arbitrator. This ​“Batch Arbitration” provision shall not increase the number of demands necessary to trigger the applicability of AAA’s Mass Arbitration Supplementary Rules or authorizing class arbitration of any kind. 

CompanyCam does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances. The parties agree that this batching provision is critical to this Section. If the batching provision in this Section is found to be invalid, unenforceable or illegal, then this Section shall be null and void, and neither party shall be entitled to arbitrate any claim that is a part of the Mass Filing.

Mediation Following First Batch in a Mass Filing

The results of the first batch of demands will be given to a AAA mediator selected from a group of 5 mediators initially proposed by AAA. CompanyCam and the counsel for the remaining claimants’ have the right to strike one mediator and then rank the remaining mediators and the highest collectively ranked mediator being selected. 

The selected mediator is responsible for attempting to resolve the Dispute in the Mass Filing. The parties will then have 90 days (the ​“Mediation Period”) to agree on a resolution or substantive methodology for resolving the outstanding demands. If the parties are unable to resolve the outstanding demands during the Mediation Period and cannot agree on a methodology for resolving them through further arbitrations, either we or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in a state or federal court located in Lancaster County, Nebraska. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period. If neither party opts out and they cannot agree to a method for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process. Absent notice of an opt-out, the arbitrations will proceed in the order determined by the sequential numbers assigned to demands in the Mass Filing.

Location and Manner of Arbitration

Any scheduled pre-liminary hearing(s) will take place over telephone or online video conferencing platform. For any claim where the total amount of the award sought is $10,000 or less, unless you request to have an in-person hearing, the arbitration shall be conducted solely based on telephone or online appearances and/​or written submissions. If the claim exceeds $10,000, the hearing will take place in Lancaster County, Nebraska, unless otherwise agreed to in writing by all parties to the arbitration. 

Opt Out

If you wish to opt out of this Arbitration Agreement, you must, within forty-five (45) days of first using the Site or the Content, email CompanyCam stating ​“Request to Opt Out of Arbitration Agreement” to: 350 Canopy Street, Suite 230, Lincoln, NE 68508. If you opt out of this Arbitration Agreement, all other parts of these Terms will still apply to you. This opt-out does not apply to the class action waiver provided below. Opting out of the Arbitration Agreement in these Terms has no effect on any other current or future Arbitration Agreements you may have with us. 

Modification

If we modify this Arbitration Agreement, you may reject that change by sending us written notice within thirty (30) days of our posting of the change, in which case we will terminate your account and you must stop using the Services, your Account, the Content and the User Content.

Appliable Law

Nebraska law applies to any arbitration under these Terms, but the FAA governs the interpretation and enforcement of the Arbitration Agreement.

Enforceability

If any of the terms of this Arbitration Agreement, including this class action waiver, is deemed invalid or unenforceable, neither party may use arbitration to resolve disputes under these terms and all disputes will be resolved through litigation. 

Waiver of Jury Trial & Class Actions

The parties hereby waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes shall be resolved by arbitration under these terms. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, you waive all rights to a jury trial, instead electing that the dispute be resolved by a judge. All claims and disputes within the scope of this section must be arbitrated or litigated on an individual basis and not on a class basis and claims of more than one user cannot be arbitrated or litigated jointly or consolidated with those of any other user.

Limitation of Liability

You understand and agree that any liability CompanyCam, its employees, officers, directors, agents, service providers, or professional advisors (“Agents”) have to you in connection with these terms, under any cause of action or theory, is strictly limited to, in aggregate for all violations, $100. Without limiting the previous sentence, in no event shall we or any of our agents be liable to you for any indirect, special, incidental, consequential, punitive, or exemplary damages. Arising out of or in connection with, these terms. This includes without limitation:

1. Any loss of use, loss of profits, loss of data, loss of goodwill, cost of procurement of substitute Services, or any other indirect, special, incidental, or consequential damages. 

2. Any damages to, or malware that may infect your electronic devices or other property resulting from your use of the Services or your access to, use of, browsing of, or downloading of any Content or User Content from the Services. 

3. Any Content available on or through the Services or any third-party websites or other websites linked to the Services; or

4. Any losses or damages arising from the use of the online chat feature or AdTech on the Services, including use of cookies, session replay technology, or any other advertising or website analytics technologies. 

The above limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, resulting from (1) the use of, or the inability to use, the Services; (2) the use of, or the inability to use, items purchased on the Services; or (3) the cost of procurement of substitute Services or items, even if we or our Agents have been advised of the possibility of such damages. 

Terms Applicable to New Jersey Customers

No provision in these Terms shall apply to any consumer in New Jersey if the provision limits remedies for (i) negligence, (ii) products liability claims, (iii) the punitive damages laws, (iv) the New Jersey Uniform Commercial Code, or (v) failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft). The provisions of these Terms concerning the exclusion or limitation of certain damages are not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property. CompanyCam reserves all rights, defenses, and permissible limitations under the laws of New Jersey and under the laws of your state of residence.

Indemnification

You agree to indemnify and hold harmless CompanyCam and our Agents from and against any loss, liability, claim, dispute, demand, damages, and costs of any kind, whether direct, indirect, consequential, including, without limitation, reasonable attorneys’ fees (collectively, ​“Claims”), made by any third party due to or arising out of your use of the Services or Content in violation of these Terms, any breach of the representations and warranties you make in these Terms, or your User Content. You agree to be solely responsible for defending any Claims against or suffered by us with counsel subject to our reasonable approval and further subject to our right to participate with counsel of our own choosing.

Venue and Governing Law

These Terms are governed by Nebraska law, without giving effect to conflicts of law principles. You agree that, to the extent applicable and expressly subject to the dispute resolution provisions below, to submit to the exclusive jurisdiction of the state and federal courts located in Lancaster County, Nebraska in circumstances where these Terms permit litigation in court. We may assign, transfer, delegate, or otherwise hypothecate our rights under these Terms in our sole discretion. If we fail to enforce a provision of these Terms, you agree that such a failure does not constitute a waiver to enforce the provision (or any other provision hereunder). If any provision of these Terms is held or made invalid, the invalidity does not affect the remainder of these Terms. We reserve all rights not expressly granted in these Terms and disclaim all implied licenses. 

Special Terms for Apps Distributed Through the Apple App Store or Google Play Store

Acknowledgement

Our Services and certain Content, including may be available through the Apple App Store or Google Play (collectively the ​“Apps”). You understand that these Terms are between you and CompanyCam, and not with Apple Inc. or Google, Inc. (each an ​“App Distributor”). CompanyCam, not the App Distributor, is solely responsible for the Services and their Content. In the event that the rules and restrictions in these Terms related to your use of the Services conflict with the terms and conditions provided by the applicable App Distributor, the App Distributor’s terms shall control.

Scope of License

The licenses granted to you for the Services in these Terms are solely for use by you on a device that utilizes the Apple iOS or Android operating system, in accordance with the applicable App Distributor’s terms and conditions. 

Maintenance and Support 

CompanyCam is solely responsible for providing any Services maintenance and you agree that the App Distributor has no obligation to furnish any Services maintenance and support.

Warranty

CompanyCam is solely responsible for any product warranties, whether express or implied by law, to the extent not disclaimed in these Terms. In the event the Services fails to conform to any applicable warranty, you may notify the App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the Services. To the maximum extent permitted by applicable law, the App Distributor has no other warranty obligation with respect to the Apps, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be CompanyCam’s sole responsibility.

Product Claims

You and CompanyCam acknowledge that CompanyCam, not an App Distributor, is responsible for addressing any claims that you or any third party have relating to the Services, including any (1) product liability claims; (2) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (3) any claim arising under consumer protection, privacy, or similar legislation.

Intellectual Property Rights

CompanyCam, not the App Distributor, will be solely responsible for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claims related to the use of the Services and you must comply with applicable App Distributor terms when using the Services.

Third-Party Beneficiary

You agree that the App Distributors, and their subsidiaries, are third party beneficiaries to these Terms as applicable to the Services, and that, upon your acceptance of these Terms, each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms (as applicable) against you as a third-party beneficiary thereof.

Miscellaneous

Electronic Signatures and Notices

Certain activities on the Services may require you to make an electronic signature. You understand and accept that an electronic signature has same legal rights and obligations as a physical signature. You acknowledge and agree that any communication by e‑mail or by posting at the Services satisfies any legal requirement that such communications be made in writing.

If you have an Account, you agree that we may provide you any and all required notices electronically through your Account or other electronic means. You agree that we are not responsible for any delivery fees charged to you as a result of your receipt of our electronic notices.

Electronic Communications

You represent that any contact information voluntarily provided to us, including, but not limited to, your mailing address, shipping address, e‑mail address, residential phone number, and mobile phone number is true and accurate. You further verify that you are the telephone subscriber and/​or that you own any telephone numbers that you provide to us. If you change or deactivate the phone number you provided when creating your Account, you agree to update your Account information to help prevent us from inadvertently communicating with anyone who acquires your old number. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. CompanyCam is not responsible for these charges.

We may provide you with transactional communications concerning your Account, the Services, updates to these Terms or our Privacy Policy or news concerning CompanyCam, and industry developments. 

We may also send communications concerning marketing or promotions run by us or our third-party partners. With your express, written consent, we may send you marketing communications via SMS.

If you wish to opt out of promotional emails, you can unsubscribe from our promotional email list by following the unsubscribe options in the promotional email itself. 

If you wish to opt out of promotional, operational or transactional calls or text messages, you may log into your account and update your marketing preferences at any time. You may also respond to any promotional text you receive on your mobile device with the word ​“stop.” You are not required to consent to receive promotional text messages or calls as a condition of using the Services. However, you acknowledge that opting out of receiving all such communications may impact your use of the Services.

Assignment

CompanyCam may assign, transfer, or sub-contract any our rights or obligations under these Terms to any third party at our discretion.

Termination of the Services

We reserve the right to make any changes to the Services in any manner and to deny or terminate your access to the Services, even if you have an Account, in our sole discretion.

No Waivers

Unless modified in a writing signed by both parties, these warranty terms, conditions, and limitations are understood to be the complete and exclusive agreement between the parties, superseding all prior agreements and representations, oral or written, and all other communications between the parties relating to the subject matter of these warranty terms. No employee of CompanyCam or any other party (including without limitation distributors, dealers, and retailers) is authorized to make any warranty in addition to the warranty made herein.

Severance

If any part or parts of these Terms are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder shall continue in full force and effect.

Contact Us

If you have any questions about the Services or these Terms, please contact us at Help Center (com​pa​ny​cam​.com).