On this page you will find terms and conditions for use of our products and services. If you have any questions, please use our contact form.
Acceptance of these Terms and Conditions
These terms and conditions are entered into by and between you (“the licencee”) and Disclosure Clinic. The following terms and conditions, together with any materials or documents specifically incorporated by reference, collectively, these “Terms and Conditions”, govern your access to and use of Disclosure Clinic’s software and its content, as well as any services and information provided or offered by Disclosure Clinic (“DC Apps & Services”).
Please read the Terms and Conditions carefully before you start to use DC Apps & Services. By using DC Apps & Services or by clicking to accept or agree to the Terms and Conditions when this option is made available to you, you accept and agree to be bound and abide by these Terms and Conditions. If you do not want to agree to these Terms and Conditions, you must not access or use DC Apps & Services.
Licence
As a user of DC Apps & Services, you must have a licence, purchased from Disclosure Clinic, at the applicable rate at the time of purchase. You may not assign, transfer or lend your licence to anyone else, without the prior written consent of Disclosure Clinic.
Term and Payment
Your licence begins on the date of your first payment and for the duration of the use of the DC Apps & Services as prescribed at the time of purchase.
Disclosure Clinic reserves the right to suspend your licence if there is material manipulation of DC Apps & Services provided by Disclosure Clinic, or non-payment of money owed, and to pursue any and all remedies available to us.
All prices are subject to change upon notice. Such notice may be provided by an e-mail message to you, or in the form of an announcement/posting on Disclosure Clinic’s website at www.DisclosureClinic.com.
Right to Use DC Apps & Services
Your purchase of a licence and acceptance of the Terms and Conditions, grants you a non-exclusive, non-transferable, limited licence to use and access DC Apps & Services for your personal purposes.
You agree not to reproduce, duplicate, modify, copy, create derivative works of, alter, sell, store, sublicense, publish, lease, transfer, resell or exploit access to or use of DC Apps & Services, or any portion thereof, without the express written permission from Disclosure Clinic.
You agree not to modify, reverse engineer, adapt or otherwise tamper with DC Apps & Services, or modify another website so as to falsely imply that it is associated with Disclosure Clinic, DC Apps & Services, licence, or any other software or service provided by Disclosure Clinic.
You agree not to use DC Apps & Services in any manner which may infringe copyright or intellectual property rights or in any manner which is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or in violation of these Terms and Conditions.
If you wish to make use of any material from DC Apps & Services other than as set out in this section, please address your request to: support@disclosureclinic.com.
Intellectual Property Rights
Disclosure Clinic retains all right, title, and interest in DC Apps & Services and its entire content, features, and functionality (including but not limited to all information, software, text, displays, images, logos, product names, slogans, video and audio, and the design, selection and arrangement thereof, as well as any suggestions, feature requests, or ideas provided by you), collectively “Disclosure Clinic’s Intellectual Property”.
Disclosure Clinic’s Intellectual Property may be protected by US, Canadian and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws and treaties.
Except for your non-exclusive licence to use DC Apps & Services pursuant to these Terms and Conditions, no other rights or licenses, whether express, implied, arising by estoppel or otherwise are conveyed or intended by these Terms and Conditions. You may not alter, remove or otherwise infringe any of Disclosure Clinic’s Intellectual Property, including downloaded content substantially adapted by you.
No Legal or Tax/Accounting Advice by Use of this Site
DC Apps & Services is not a substitute for the professional advice of a legal or tax professional unless stated otherwise.
While the information contained within DC Apps & Services concerns legal and tax issues, it is not legal advice, legal representation, tax or financial advice. Disclosure Clinic only provides legal advice under specified circumstances when specifically engaged as such by a user as separately agreed between the User and Disclosure Clinic.
Unless explicitly agreed between the User and Disclosure Clinic, your use of DC Apps & Services does not create a solicitor-client relationship between you and Disclosure Clinic, and/or any of the employees, licensors, members, officers, directors, agents, and/or independent contractors of Disclosure Clinic (collectively, “Disclosure Clinic Affiliates”).
ITC, Back-up, Storage, Transmission of Data
DC Apps & Services may not operate on all hardware or platforms. It is your responsibility to ensure that your Information Technology and Communication Infrastructure (“ITC”) is compatible with DC Apps & Services. During the term of use, the requirements to run DC Apps & Services may change from time to time, and Disclosure Clinic does not warrant or guarantee that DC Apps & Services will continue to run on your existing ITC. Disclosure Clinic is not responsible for any fees or costs that may arise from future software updates.
Disclosure Clinic does not rectify hardware, operating system, or network problems or problems relating to third-party software. Disclosure Clinic does not accept any responsibility for defects, data corruptions, failures, or performance degradation caused by viruses, other software, or components of your ITC that may interfere with the way DC Apps & Services operates.
You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output.
You are responsible for ensuring that all of the data, information and work that you input into or create in DC Apps & Services (“Data”) that is stored locally (ie. any desktop Software and Services) is backed up. You have no claim against Disclosure Clinic for any loss or damages to Data stored locally.
You acknowledge and agree that Disclosure Clinic is using third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, back up and related technology required to run the cloud-based Software and Services. All of your Data associated with the cloud-based Software and Services is stored on servers around the world.
You acknowledge and agree that the technical processing and transmission of Data in cloud-based uses, including email, include industry-standard encryption and may involve: (a) transmissions over various networks, including outside of the US, Canada or 3rd party cloud services such as Google Workplace and Amazon AWS; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You agree that we are acting on your behalf in transmitting all Data.
Accessing DC Apps & Services
If you have a licence, you may access DC Apps & Services as prescribed at the time of purchase.
You are responsible for:
- making all arrangements necessary for you to have access to DC Apps & Services;
- ensuring that all persons who access the cloud-based Software and Services through your internet connection or the desktop Software and Services locally have licences and are aware of these Terms and Conditions and comply with them.
We reserve the right at any time, and from time to time, to modify, withdraw or discontinue, temporarily or permanently, DC Apps & Services, and/or any component of DC Apps & Services, in our sole discretion, with or without notice. Continued use of DC Apps & Services following any modification constitutes your acceptance of the modification.
We reserve the right to temporarily suspend access to DC Apps & Services for operational purposes, including, but not limited to, maintenance, repairs or installation and upgrades.
Access to and use of DC Apps & Services via mechanical, programmatic, robotic, scripted or any other automated means not provided as part of DC Apps & Services is strictly prohibited.
Account Security
To access DC Apps & Services and set up your licence, you will be required to provide certain registration details or other information. It is a condition of your licence that all the information you provide regarding your licence is correct, current and complete.
Once you choose, or are provided with, a username, customer number, password or any other piece of information as part of our security procedures (collectively, “Security Information”), you must treat such Security Information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to your licence using your Security Information. You agree to notify us immediately of any unauthorized access to or use of your licence, Security Information, or any other breach of security. You also agree to ensure that you exit from DC Apps & Services at the end of each session. You should use particular caution when accessing your licence from a public or shared computer so that others are not able to view or record your Security Information, or use DC Apps & Services.
Disclosure Clinic is not liable for any harm related to the authorization, disclosure, misuse or theft of your Security Information. You will be liable for any access to and use of DC Apps & Services through your Security Information. We have the right to disable any Security Information at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.
Confidential Information and Security
To the extent the Data in DC Apps & Services is confidential personal information regarding you or your clients, or other persons (“Confidential Information”). You represent and warrant that you will, at all times during the Term and thereafter, comply with all laws directly or indirectly applicable to you that may now or hereafter govern the gathering, collection, use, transmission, processing, receipt, reporting, disclosure, viewing, maintenance, and storage of the Data, including Confidential Information (collectively the “Use of the Data, including Confidential Information”).
You represent and warrant that you will use your best efforts to cause all persons or entities under your direction or control to comply with such laws.
You are, at all times during the Term and thereafter, solely responsible for obtaining and maintaining all legally necessary consents or permissions, required or advisable, for use of the Data, including Confidential Information, in connection with DC Apps & Services.
Disclosure Clinic cannot and does not assume any responsibility for your Use of the Data, including Confidential Information, or misuse thereof while using DC Apps & Services.
Subject to confidentiality and solicitor-client privilege, you grant Disclosure Clinic and its Affiliates a non-exclusive, royalty-free right to view, monitor, receive, retrieve, process, store, maintain, transmit and otherwise use your Data, including Confidential Information, in connection with the operation of DC Apps & Services. Specifically, to generate, publish and sell aggregate, anonymized reports on system usage and data trends and types, using your Data, including Confidential Information.
The security of your Data, including Confidential Information, is important to Disclosure Clinic. We agree to use generally accepted industry standards and commercially reasonable efforts to maintain the security and confidentiality of such Data, including Confidential Information, and to prevent its disclosure to third parties except in connection with the transmission, storage, retrieval, and disclosure of such Data, including Confidential Information, on your behalf and as may be required or permitted by law, in connection with DC Apps & Services. Disclosure Clinic cannot, however, guarantee the absolute security of such Data, including Confidential Information.
Termination
Purchases for Apps and Services are non-refundable unless stated otherwise at the time of purchase.
If you terminate your licence before the end of the term, there are no refunds for periods of unused or partial licences during the term.
Disclosure Clinic, in its sole discretion, has the right to suspend or terminate your licence(s) without notice for non-compliance with these Terms and Conditions, or for any other reason, with or without cause, and to pursue any other remedy legally available to us.
Upon termination, cancellation or suspension of your licence, we have the right to delete your Data from the cloud-based Software and Services at our discretion.
These Terms and Conditions will survive the termination of your licence(s).
No Warranties
Disclosure Clinic provides the functions, capabilities and intellectual property of DC Apps & Services on an “as is” and “as available” basis. Your use of and reliance on DC Apps & Services, including any information obtained from or links provided on DC Apps & Services by us or any third party, is solely at your own risk.
Disclosure Clinic and its Affiliates expressly disclaim any and all warranties, whether express, implied or statutory, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title and non-infringement of third-party rights with respect to DC Apps & Services. Among other things, Disclosure Clinic and its Affiliates do not warrant that:
- DC Apps & Services is accurate and representative of the law in your jurisdiction;
- DC Apps & Services will meet any needs or specific requirements/expectations;
- DC Apps & Services will be available, uninterrupted, useable, timely, up-to-date, and secure;
- DC Apps & Services will be free of viruses, unauthorized codes, or other harmful or destructive components or code;
- DC Apps & Services, and any results or information obtained therefrom, will be accurate, complete, appropriate, reliable, timely, and free of errors, omissions, misinformation and/or defects;
- any errors, omissions, misinformation and/or defects in DC Apps & Services will be corrected;
there will be no security breaches of Data, Security Information, Confidential Information or other information from the use of DC Apps & Services, including security breaches experienced by any third party vendors or hosting partners; - there will be no loss of Data subsequent to a modification to DC Apps & Services or any component thereof, or subsequent to a cancellation, suspension or termination of DC Apps & Services; and/or
- the quality of any products, services, information, or other material purchased or obtained through DC Apps & Services will meet any needs or expectations.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
Limitation of Liability
Disclosure Clinic and its Affiliates expressly disclaim liability to you or any other individual or entity for any and all losses or damages of any kind, under any legal theory, including any direct, indirect, special, incidental, compensatory, exemplary, consequential or punitive damages, including but not limited to damages for personal injury, pain and suffering, mental distress, loss of profits, loss of business opportunities, loss of goodwill, loss of use, loss of revenue, loss of data, or other intangible losses (even if Disclosure Clinic has been advised of the possibility of such damages), and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, caused by your use of and reliance on DC Apps & Services, including any information obtained from or links provided on DC Apps & Services by us or any third party. Among other things, Disclosure Clinic and its Affiliates are not liable for any claims, losses or damages for:
- the use of or the inability to use DC Apps & Services;
- any inaccuracy in DC Apps & Services and any failure to be representative of the law in your jurisdiction;
- any failure of DC Apps & Services to meet any needs or specific requirements/expectations;
- the failure of DC Apps & Services to be available, uninterrupted, useable, timely, up-to-date, and secure, at any time or for any period;
- any viruses, unauthorized codes, distributed denial-of-service attack, or other technologically harmful or destructive components or code in DC Apps & Services that may affect your computer equipment, computer programs, data or other proprietary material due to your use of DC Apps & Services or to your downloading of any material posted on it, or on any software or information linked to it;
- any failure of DC Apps & Services, and any results or information obtained therefrom, to be accurate, complete, appropriate, reliable, timely, and free of errors, omissions, misinformation and/or defects;
- any failure to correct any errors, omissions, misinformation and/or defects in DC Apps & Services;
security breaches of Data, Security Information, Confidential Information or other information from the use of DC Apps & Services, including security breaches experienced by any third party vendors or hosting partners; - any loss of Data subsequent to a modification to DC Apps & Services or any component thereof, or subsequent to a cancellation, suspension or termination of DC Apps & Services;
the quality of any products, services, information, or other material purchased or obtained through DC Apps & Services;
the cost of procurement of substitute goods and services; - any price change, suspension or discontinuance of DC Apps & Services;
- any reliance on DC Apps & Services;
- any statements or conduct of any third party on DC Apps & Services;
- any other matter whatsoever relating to DC Apps & Services.
If, notwithstanding these Terms and Conditions, Disclosure Clinic should have any liability to you or any third party for any loss, harm, or damage, you agree that such liability shall under no circumstances exceed the lesser of $1,000 or the fees you paid to us during the twelve (12) months immediately preceding the day the act or omission occurred which gave rise to your claim. You agree that the foregoing limitation of liability is an agreed-upon allocation of risk between you and Disclosure Clinic which considers the fees, if any, Disclosure Clinic charges you to use DC Apps & Services. You acknowledge that absent your agreement to this limitation of liability, Disclosure Clinic would not provide DC Apps & Services to you.
The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
Indemnification
You agree to defend, indemnify and hold harmless Disclosure Clinic and its Affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable legal fees, expert fees, and other costs of litigation) arising out of or relating to your violation of these Terms and Conditions or your use of DC Apps & Services, other than as expressly authorized in these Terms and Conditions.
Waiver and Severability
The failure of Disclosure Clinic to enforce any provision of these Terms and Conditions shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
If any provision of these Terms and Conditions is found to be contrary to law, the remaining provisions of these Terms and Conditions will remain in full force and effect.
Entire Agreement
The Terms and Conditions and the agreed upon payment terms, constitute the sole and entire agreement between you and Disclosure Clinic with respect to DC Apps & Services and your licence(s), and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to DC Apps & Services and your licence(s) (including but not limited to, any prior versions of the Terms and Conditions).
Changes to the Terms and Conditions
Disclosure Clinic may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them on the Disclosure Clinic website, www.Disclosure Clinic.com, and apply to your access to and use of DC Apps & Services thereafter.
Your continued use of DC Apps & Services following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check the Terms and Conditions from time to time so you are aware of any changes, as they are binding on you.
Notice, Comments and Concerns
All legal notices should be addressed to Disclosure Clinic at support@disclosureclinic.com. Notices will be deemed effective upon receipt.
All other feedback, comments, requests for technical support and other communications relating to DC Apps & Services and licence(s) should be directed to: support@DisclosureClinic.com.