TERMS OF USE
Effective Date: November 1, 2024
1. General Information Regarding These Terms of Use
Welcome, and thank you for your interest in CPARSradar LLC, also referred to as “CPARSradar” and the “Company.”
These Terms of Use (“Terms”) apply to your use of any services, software, web applications, and websites, collectively, "Services," that CPARSradar provides, publishes, and/or operates. Examples of these include cloud-based offerings and websites such as CPARSradar.com, as well as support and implementation services.
Services are made available to you as an individual or authorized member of an organization with an active CPARSradar account (“Services Account”). If a Services Account for which you have been granted authorization is suspended or terminated, your access to the Services may be suspended or terminated without prior notice to you.
2. Your Agreement to the Terms
BY CLICKING “I ACCEPT” OR OTHERWISE ACCESSING OR USING ANY OF THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS. By clicking “I ACCEPT” or otherwise accessing or using any Services, you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Services. If you do not agree to the Terms, you are not authorized to use any Services. If you are an individual entering into these Terms on behalf of an entity, you represent and warrant that you have the power to bind that entity, and you hereby agree on that entity’s behalf to be bound by these Terms, with the terms “you” and “your” applying to you, that entity, and other users accessing the Services on behalf of that entity.
3. Changes to the Terms
From time to time, CPARSradar may change, remove, or add to the Terms, and reserves the right to do so at its sole discretion. In that case, we will post updated Terms and indicate the date of revision. If we believe the modifications are material, we will make reasonable efforts to notify you via email. All new and/or revised Terms take effect immediately and apply to your use of the Services from that date on. Your continued use of any Services after new and/or revised Terms are effective indicates that you have read, understood, and agreed to those Terms.
4. No Legal Advice
CPARSradar is not a law firm, does not provide legal advice, and is not a substitute for a law firm. CPARSradar Services may provide information, recommendations or insights and should not be interpreted as legal, financial, or business advice. Use of the Services does not constitute legal advice or create an attorney-client relationship.
5. Content Available through the Services
Provided as-is: You acknowledge that CPARSradar does not make any representations or warranties about the material, data, and information (“Content”) that you may have access to as part of, or through your use of, the Services. Under no circumstances is CPARSradar liable in any way for any Content, including, but not limited to any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Services.
6. Eligibility and Use of Services
A. Registration
By registering and/or using any of the Services, you represent and warrant that you are the age of majority in your jurisdiction (typically age 18).
If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to "you", "your", and "yourself" in these Terms, except for in this sentence, refer to that organization or entity).
Services offered to registered users are provided subject to these Master Terms, the CPARSradar Privacy Policy, and any Additional Terms specified on the relevant Website(s), all of which are hereby incorporated by reference into these Terms.
You agree to (a) only provide CPARSradar current information about yourself, (b) maintain the security of your passwords and identification, (c) promptly update your email address to keep it accurate so that we may contact you, and (d) be fully responsible for all uses of your user account(s). You must not set up any user account on behalf of another individual or entity unless you are authorized to do so.
B. User Accounts
User accounts are configured and managed within a Services Account owned by a Corporation or LLC. Within the Services Account, user accounts may be set up and assigned access and permissions based on roles and other criteria.
C. Termination
CPARSradar reserves the right to modify or discontinue use of the Services at any time for any reason or no reason at all.
7. Payment Terms
A. Subscriptions
CPARSradar is a paid subscription service. The prices, features, and options of CPARSradar depend on the Subscription selected by you as well as any changes you have requested and enabled.
CPARSradar does not represent or warrant that a particular Subscription will be offered indefinitely and reserves the right to change the prices for or alter the features and options in a particular Service or Subscription without prior notice.
B. Pricing Model
The CPARSradar subscription service is based on a per contract or order as defined by the unique government Procurement Instrument Identifier (PIID) name. For example, if additional contracts or orders (PIIDs) are added to be monitored, CPARSradar will charge the applicable increased subscription amount for each user account. You may also purchase optional services on a periodic or per-use basis. CPARSradar may change the prices for or alter the features and options in a particular Subscription without notice.
C. Fees
You can access certain portions of the Services by submitting a fee payment (such services, “Paid Services”). Paid Services will remain in effect until canceled or terminated in accordance with this Agreement. Transaction fees and additional fees may also apply to certain portions of the Services, and we’ll tell you about those fees before charging you. Our fees will appear on an invoice that we provide via the Services.
D. Automatic Subscription Renewals
To ensure uninterrupted service, we'll automatically bill you for certain Paid Services from the date you submit your initial payment and on each renewal period or amount afterwards until cancellation. Your renewal period will be equal in time or amount to the renewal period of your current subscription. For example, if you're on a monthly subscription plan, each billable renewal period will be for one (1) month. We’ll automatically charge you the applicable amount using the payment method you have on file with us and by agreeing to this Agreement, you authorize us to do this. We’ll let you know in advance if you’re purchasing a Paid Service that includes auto-renewal payments. You can disable auto-renewal at any time.
E. Refunds
While you may cancel any Paid Services at any time, you won't be issued a refund except in our sole discretion, or if legally required. Some of the Paid Services may offer a free trial at our sole discretion so you can try out your subscription. Please note applicable statutory rights of cancellation may not result in a refund, as we do not charge for this trial period.
F. Fee Changes
We may change our fees at any time. We’ll provide you with advance notice of these fee changes via the Services. New fees will not apply retroactively. If you don't agree with the fee changes, you have the right to reject the change by canceling the applicable Paid Service before your next payment date.
G. Our Payment Processor
We use third party payment processors (each, a “Payment Processor”) to bill you through a payment account linked to your Account. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to this Agreement. Your payments are processed by our Payment Processor in accordance with their terms of service and privacy policy. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. You agree to make payment using the payment method you provide with your Account. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received.
H. Late Fees & Collection Costs
If CPARSradar does not receive payment from your payment method, you agree to pay all amounts due upon demand. Any amount not paid when due will be subject to finance charges equaling a percentage on the unpaid balance per month or the highest rate permitted by applicable law, whichever is less, determined, and compounded daily from the date due until the date paid. You will reimburse any costs or expenses (including, but not limited to, reasonable attorneys’ fees) incurred by CPARSradar to collect any amount that is not paid when due. CPARSradar may accept payment in any amount without prejudice to CPARSradar’s right to recover the balance of the amount due or to pursue any other right or remedy. Amounts due to CPARSradar may not be withheld or offset by you for any reason against amounts due or asserted to be due from CPARSradar to you.
I. Invoices
CPARSradar will provide billing and usage information in the format we choose, which may change from time to time. CPARSradar reserves the right to correct any errors or mistakes that it identifies even if it has already issued an invoice or received payment. You agree to notify us about any billing problems or discrepancies within thirty (30) days after they first appear on your invoice. If you do not bring such problems/discrepancies to our attention within thirty (30) days, you agree to waive your right to dispute such problems or discrepancies.
J. Billing Cycles
Billing cycle end dates may change from time to time. When a billing cycle covers less than or more than a full month, we may make reasonable adjustments. You agree that we may, at our option, accumulate charges incurred during a billing cycle and submit them as one or more aggregate charges during or at the end of a cycle.
K. Cancellations
You can cancel your Subscription at any time. Cancellation will be effective at the end of your current billing period. If you cancel your subscription, all discounts will also be cancelled at the final day of your billing period.
L. Tax Responsibility
All payments required by these Terms are stated exclusive of all taxes, duties, levies, imposts, fines, or similar governmental assessments, including sales and use taxes, value-added taxes, goods and services taxes, excise, business, service, and similar taxes imposed by various jurisdictions and the interest and penalties thereon, excluding taxes based on CPARSradar’s net income (collectively, "Tax", “Taxes”). You shall be responsible for and bear Taxes associated with its purchase of, payment for, access to, or use of the Services. Where the responsibility to remit Taxes falls upon CPARSradar, the Taxes will be added to the payment and payable to CPARSradar at the same time as the payment. Taxes shall not be deducted from payments except as required by law, in which case you shall increase the amount payable as necessary so that after making all required withholdings and deductions, CPARSradar receives and retains, free from any Tax liability, an amount equal to the amount it would have received had no such deductions and withholdings been made. You hereby confirm that CPARSradar can rely on the name and address set forth in your registration for a Subscription as being the place of supply for Tax purposes. CPARSradar’s and your obligations under this section shall survive the termination or expiration of these Terms.
8. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CPARSRADAR OFFERS THE SERVICES (INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH THE SERVICES) AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CPARSRADAR DOES NOT WARRANT THAT THE FUNCTIONS OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVERS USED BY CPARSRADAR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CPARSRADAR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN, AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISES IN CONNECTION WITH THE SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF CPARSRADAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Indemnification
To the extent authorized by law, you agree to indemnify and hold harmless CPARSradar, its employees, officers, directors, affiliates, and agents from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting directly or indirectly from or arising out of your violation of the Terms, your use of any of the Services, and all content you make available on any of the Services.
11. Privacy Policy
CPARSradar is committed to responsibly handling the information and data we collect through our Services in compliance with our Privacy Policy, which is incorporated by reference into these Terms. Please review the Privacy Policy so you are aware of how we collect and use your personal information.
12. Termination
CPARSradar may modify, suspend, or terminate access to all or any portion of the Services at any time for any reason. Additionally, your individual access to, and use of, the Services may be terminated by CPARSradar at any time and for any reason.
Your right to access and use the Services terminates automatically upon your breach of any of the Terms.
The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions will survive any termination. Your warranties and indemnification obligations will survive for one year after termination.
13. Miscellaneous Terms
The Terms are governed by and construed by the laws of the State of Delaware in the United States, not including its choice of law rules.
If any part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and CPARSradar as a result of the Terms or from your use of any of the Services.
These Terms and any applicable Additional Terms constitute the entire agreement between you and CPARSradar relating to this subject matter and supersede any and all prior communications and/or agreements between you and CPARSradar relating to access and use of the Services.
18. How To Contact Us
If you have questions or comments about our Terms, please email us at info@cparsradar.com or write to us at the addresses below:
CPARSradar LLC
11011 Forest Oak Lane
Great Falls, VA 22066