These Terms of Service, together with any documents they expressly incorporate by reference (collectively, the “Terms of Service”) govern the relationship between ChangeTower LLC (“we” or “ChangeTower”) and anyone who uses or has access to, or attempts to use or gain access to any application, functionality, or digital asset owned, provided by or otherwise affiliated with or disseminated by ChangeTower on or through https://ChangeTower.com (the “Website). In case of conflict, these Terms of Service supersede any past or contemporary communications between you and ChangeTower.
The terms and conditions set forth herein apply regardless of the device, service or method used to access ChangeTower and extend to any geographic location in which ChangeTower is accessed. These articles define the legally binding terms for your use of and access to ChangeTower, its services, features, content and assets (“Services”). Please read the Terms of Services before using ChangeTower.
The Services are in a constant state of change and evolution. The Terms of Service may include references to future functionality and Services that have not yet been implemented and are not yet publicly available. Accessing ChangeTower or using the Service constitutes continued acceptance of the Terms of Service.
At all times, you are solely responsible for reviewing and confirming that these Terms of Service are in compliance with all laws, rules and regulations applicable to you or your operating entity. Should compliance be unconfirmed, you agree not to use or otherwise benefit from the use of the Services
GOVERNING LAW AND JURISDICTION; JURY WAIVER
All matters relating to the Website and these Terms of Service shall be governed by and construed in accordance with the laws of the State of Illinois, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of the Website of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of Cook County, Illinois.
You acknowledge and agree that you and ChangeTower are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and ChangeTower otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.
ACCEPTANCE OF TERMS
CHANGES TO THE TERMS OF SERVICE
We may revise and update these Terms of Service from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website.
Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
We will use reasonable efforts to give you notice of these modifications, such as by posting notice of modifications to the Terms and Conditions on this web page, through ChangeTower, or via email.
SIGN UP & REGISTRATION
In order to use portions of the Service, you must sign up with ChangeTower (thereby becoming a “User” and creating an “Account”). Information provided during the registration process must be complete and accurate.
You shall not: a) create an account with the intent to impersonate another user or person; or b) employ a username that is offensive, vulgar, or of other ill regard as defined at the sole discretion of ChangeTower.
Any use of another User’s account of Services may only be permitted with the express permission of the User.
You are solely responsible for all activity performed on your account. It is your responsibility to protect the safety and security of your account’s password. In the event of a security breach or suspected security breach, you are required to provide notice to ChangeTower without delay.
You may not access the Services in an attempt to modify, publish, distribute, transmit, systematically download, use automated means to index or extract data from, participate in the transfer or sale or rental of, translate, create derivative works from, frame, co-brand, or in any way exploit any part of the Services other than for personal or internal business use or as specifically permitted in this agreement, without ChangeTower’s written consent. You agree to immediately cease use of the Services at ChangeTower’s request.
ELIGIBILITY & COMPLIANCE
ChangeTower may, at any time at its sole discretion, refuse to offer the Services to any User, individual or entity without notice including but limited to entities with a paid for (“Upgraded”) account and a free account. ChangeTower may delete or otherwise disable any User’s account without notice or explanation. By accessing the Services, you acknowledge and agree that you will not directly or indirectly attempt to copy, replicate, reverse engineer, decode, or acquire any frontend or backend source code except as expressly permitted by ChangeTower or corresponding laws and regulations. You will not attempt to alter, modify, or otherwise derive another product or work based on or otherwise employing use of the Services.
USE OF THE SERVICES, RESTRICTION AND LIMITS
ChangeTower Services may access 3rd-party websites, webpages, URLs and files including (a) text, (b) images, (c) code and other components (“External Content”) that are otherwise available to the general public or to the User. ChangeTower uses proprietary technology to enable Users to automatically and programmatically access External Content at a User-specified cadence and store External Content (“Crawl”). ChangeTower will not knowingly or intentionally circumnavigate any 3rd-party security, obfuscation or privacy parameters in the delivery of its Services, including but not limited to the Crawling of External Content.
You represent and warrant to ChangeTower that you are authorized, or otherwise legally permitted, to access and Crawl any webpage or website that you direct ChangeTower’s Services to Crawl. In the event that User is for any reason no longer authorized or permitted to Crawl any webpage or website, User shall immediately discontinue use of all relevant Services.
In the course of your use of the Website and Services you may not, and agree not to (a) reproduce or circumvent the navigational structure or presentation of the Website or Services to obtain, or attempt to obtain, any materials, documents or information through any means not purposely made available to you through the Services AS-IS; (b) attempt to gain unauthorized access (by hacking, password “mining” or any other means) to (i) any portion or feature of the Services, (ii) any other system or network connected to the Services, (iii) any ChangeTower server, or (iv) any of the services offered on or through the Services; (d) probe, scan or test the vulnerability of the Services or any network connected to the Services; (e) breach the security or authentication measures on the Services or any network or system connected to the Services or any webpage or website being Crawled by the Services; (f) exploit the Services, or any service or information made available through the Services; or (g) use any device, software or routine in order to interfere, or attempt to interfere, with (i) the proper working of the Services, (ii) any transaction conducted on the Services, or (iii) any third party’s use of the Services; (h) or use the Services for any purpose that is unlawful or otherwise prohibited.
“Content” refers to and includes any data, image, company name, logo, text, style, pattern, document, asset, feature or functionality used on or affiliated with ChangeTower and its Services whether created, uploaded or otherwise employed by ChangeTower, its Users or affiliates.
User may not use ChangeTower to defraud or manipulate any Online Services or their operators, including advertising networks, polling, surveys, or voting systems.
User may not use ChangeTower in any manner that materially negatively impacts the performance of or materially limits the ability of others to use any Online Services, or otherwise causes any damage to the integrity or stability of any Online Services. Moreover, User will not use ChangeTower in any manner that might be construed as a denial of service attack on any Online Services.
Using ChangeTower does not give you ownership of any intellectual property rights in ChangeTower or the Content you access through it, including External Content. ChangeTower may use Content generated by or affiliated with you including but not limited to text, images, logos, company name, branding, styles and likeness for purposes including but not limited to marketing, promotion, benchmarks, reporting, press releases, and public relations unless otherwise contractually agreed to or prohibited by law
ChangeTower may provide you with professional services, which may be subject to additional fees. These services may include, without limitation, assistance with the setup, configuration, and management of the Services as well as certain customizations to ChangeTower, including software engineering. Regardless of the nature of the professional services, we will own all right, title, and interest in and to, including the right to re-use, all work produced and everything else we conceive, create, or reduce to practice while or as a result of providing such professional services.
FEES, PROMOTIONS, AND BILLING
Any and all fees collected by ChangeTower are subject to change at any time at the sole discretion of ChangeTower. Prior to implementing any changes to fee structure, ChangeTower will make a reasonable effort to inform Users directly affected by the fee change.
From time to time, ChangeTower may offer an incentive (“Promotion”) in the form of a monetary discount or other benefit to encourage Users to purchase an Upgraded Account for a certain duration (usually 12 months excluding any Promotion period). ChangeTower reserves the right to create, cancel or otherwise alter an ongoing Promotion at any time. ChangeTower may, at its sole discretion, refuse to honor the terms of the Promotion to any individual or entity for any reason including but not limited to the suspicion of fraud. Already Upgraded Users are not entitled to receive the incentive(s) offered by a Promotion.
By providing payment information for your Upgraded Account subscription, you are agreeing to pay a non-refundable subscription fee, and any applicable taxes and service fees for your use of your Upgraded Account. The subscription fee will be charged to your credit card at the start of your subscription term, and automatically at the beginning of each subsequent renewal period unless you cancel your Upgraded Account subscription. The subscription fee charged to your credit card may vary from year-to-year due to changes in your subscription plan or applicable taxes, and you expressly authorize ChangeTower to charge your credit card for this amount. All payments must be made in United States dollars. ChangeTower reserves the right to seek payment for any fees owed, whether resulting from a chargeback or reversal from a User’s bank or credit card company, improper billing, fraudulent transaction, or any other case or scenario in which ChangeTower is unable to collect fees due at the time of sale. Failure to remit fees owed can result in the suspension or termination of your account without notice.
While ChangeTower will evaluate the request for a refund of any fees already paid on a case-by-case basis, ChangeTower reserves the right to refuse any such refund for any reason. Please note that ChangeTower will not provide refunds for subscription customers whose plan renews prior to the cancellation date. Please see the CANCELLATION OF SUBSCRIPTION section for further information.
AUTOMATIC RENEWAL OF UPGRADED ACCOUNT
Your Upgraded Account will renew automatically at the end of the current term. If you have provided a method of payment to us for the Services, we may charge you automatically at the end of the Promotion or for the renewal, unless you notify us that you want to cancel your subscription. The Upgraded Account subscription is effective from date of purchase and will automatically renew for a renewal term of the same duration unless you cancel prior to expiration of the subscription term or renewal term in progress. The renewal will be charged at the Upgraded Account price then in effect (not including any special offers that may be valid for new members or other specific groups), which may be higher than the price in effect during the previous term. You must cancel the Upgraded Account prior to its renewal date to avoid incurring further charges. Your credit card will be automatically charged unless you have notified ChangeTower in accordance with Section CANCELLATION that you wish to cancel the Upgraded Account.
CANCELLATION OF SUBSCRIPTION
You may cancel your Upgraded Account during any free trial or complimentary offer without charge by logging into your Account and proceeding to the Subscription & Billing section of the platform. If you cancel your Upgraded Account subscription, the cancellation will go into effect at the end of the trial or the then-current subscription term or renewal term. You will have continued access to your Upgraded Account subscription for the remainder of the applicable period, but you will not receive a refund, prorated or otherwise, of any subscription fees paid. You must cancel your Upgraded Account subscription before it renews to avoid paying the subscription fee for the subscription term or renewal term, unless otherwise stated in our Refund Policy. ChangeTower does not prorate any charged amounts upon termination or cancellation and does not refund any such amounts for any term already charged.
To request cancelation of your subscription, you may also send a certified letter, return receipt requested, to ChangeTower LLC, Attention: Cancellation, 4803 N Milwaukee Ave, Suite B #325, Chicago, IL 60630. To authorize cancelation, you must include the (1) email address associated with your account, (2) the last 4 digital of the credit card used for your subscription and (3) the billing address of the credit card. Cancelation requests without inclusion of these verification details will not be honored. Communications other than the foregoing, including notifying your credit card company or bank that you no longer wish to be a member, will not serve as valid means of cancellation.
All provisions of these Terms of Service which by their nature should survive cancellation of your account shall survive, including, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
THIRD PARTY SERVICES
Certain components of the Service may allow you to link to, integrate, or otherwise employ a third party service, tool, website, product or other work. ChangeTower makes no warranties as to the ability to integrate with, availability, reliability, functionality or other facet of any third party or integration point. You understand and agree that any third party services are out of ChangeTower’s control, and ChangeTower is not responsible or liable for any damages, losses, penalties or other consequences associated with or due to the use of such third party services.
Your use of the Services is at your own risk. The Services are provided on an “as is” and “as available” basis. ChangeTower disclaims any warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement, and any warranties arising out of course of dealing or usage of trade.
ChangeTower does not complete background checks on Users or make and representations about the location, safety, or quality of the Users or Services. ChangeTower has no responsibility for your interactions with other Users of the Services. Your interactions with such persons are at your own risk.
By way of illustration, and without limiting the generality of the disclaimer in the paragraph above, ChangeTower disclaims any warranty that:
The inclusion or offering for sale of any product or service as part of the Services does not constitute an endorsement or recommendation by ChangeTower, and you agree not to make any claim against ChangeTower relating to the purchase of these products or services.
LIMITATION ON LIABILITY
To the fullest extent provided by law, in no event will the collective liability of ChangeTower and its subsidiaries and affiliates, and their licensors, service providers, employees, agents, officers, and directors to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $500 or the amount you have paid to ChangeTower for the applicable Service in the last 12 months out of which liability arose.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
LIMITATION ON TIME TO FILE CLAIMS
Any cause of action or claim you may have arising out of or relating to these Terms of Service or the Website must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.
To the maximum extent permitted by law, you shall indemnify ChangeTower, its subsidiaries, affiliates, licensors, service providers, content providers, employees, managers, agents, directors, from all third-party liabilities, claims, and expenses, including reasonable outside attorneys’ fees and costs, that may arise from or be associated with your use or misuse of the Services or Content or your breach of any representation or obligation in this agreement. ChangeTower reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any claim for which you are obligated to provide indemnification under this section. You shall fully cooperate as reasonably required in the defense of any claim.
You may contact ChangeTower by email at firstname.lastname@example.org or by physical mail at:
4803 N Milwaukee Ave
Suite B #325
Chicago, Illinois 60630
January 19, 2021