TERMS OF SERVICE AGREEMENTLast Modified: November 17, 2025Welcome to CCRcorp! CCRcorp is a legal publishing company that delivers expert-driven insights and guidance on corporate law, securities regulation, governance, executive compensation, M&A, and related topics. In addition to our ongoing publications, CCRcorp also hosts conferences and events bringing together practitioners, regulators, and thought leaders. CCRcorp curates up-to-date regulatory governance directly from experts to help organizations stay informed on ever-evolving areas of law. Please read this Terms of Use Agreement ("Terms") carefully. These Terms are a legal contract between EP Executive Press, Inc., dba CCRcorp ("CCRcorp," "we," "us" or "our") and (a) companies that subscribe to the Services (as defined below) (each, a "Customer"); (b) individuals that are authorized to access the Services on Customer's behalf ("Authorized Users") and (c) guests who access the Services as a "free trial" user ("Trial Users," and together with Customers and Authorized Users, collectively "Users," "you," or "your"). This Agreement governs your access to and use of the website located at https://www.ccrcorp.com/ and its subdomains (including, but not limited to, TheCorporateCounsel.net, CompensationStandards.com, Section16.net, DealLawyers.com, and PracticalESG.com) and any other website referring to these Terms, and any content made available on the website and its subdomains (collectively, the "Services"). BY CLICKING "I ACCEPT," EXECUTING AN ORDER FORM OR AGREEMENT REFERING TO OR INCORPORATING THESE TERMS, PAYING AN INVOICE REFERRING TO THESE TERMS, OR OTHERWISE ACCESSING OR USING THE SERVICES, OR ANY PORTION THEREOF, YOU ACKNOWLEDGE AND AGREE THAT: (A) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE AGREEMENT; (B) YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT, AND, IF ENTERING INTO THIS AGREEMENT ON BEHALF OF AN ORGANIZATION, THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION; (C) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH CCRCORP, AND (D) YOU ARE NOT BARRED FROM USING THE SERVICES UNDER THE LAWS OF THE UNITED STATES, YOUR PLACE OF RESIDENCE OR ANY OTHER APPLICABLE JURISDICTION. YOU FURTHER REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE AGREEMENT IN YOUR PERSONAL CAPACITY. IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICES. PLEASE READ THIS AGREEMENT CAREFULLY AND BE AWARE THAT SECTION 10.8 PROVIDES THAT, UNLESS YOU OPT OUT WITHIN 30 DAYS OF AGREEING TO THIS AGREEMENT, ALL DISPUTES BETWEEN YOU AND COMPANY, WITH LIMITED EXCEPTIONS, WILL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 10 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER.
1.1 Access to the Services. Subject to the terms and conditions of this Agreement, CCRcorp hereby grants to User a revocable, non-sublicensable, non-transferable (except as provided in Section 9.2), non-exclusive right to access and use the Services solely for User's internal business purposes. Access to certain parts of the Services requires a Subscription and, if so, User must purchase or use a valid Subscription to access such features of the Services in accordance with Section 2.1 (Membership Subscriptions; Fees). 1.2 Account Registration and Access. In order to access and use certain features of the Services, you may need to register or create an account on the Services ("Account") and provide certain information about yourself as prompted by the account registration form, including (but not limited to) your name, an email address and password. You agree to provide information required for your use of the Services that is, and to update such information so it remains true, accurate, current and complete. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You will not share, sell, transfer, or otherwise lend any third party to use your access credentials. You agree to immediately notify CCRcorp of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. You agree not to create an Account using a false identity or false information, or on behalf of someone other than yourself. CCRcorp reserves the right to establish eligibility criteria to use the Services, and in some cases, at our sole discretion, impose limitations or restrictions on certain Accounts including, but not limited to, deletion of Accounts. Customer is fully responsible for all Authorized Users that access the Services pursuant to its rights hereunder. 1.3 Support. Subject to the terms and conditions of this Agreement, CCRcorp will exercise commercially reasonable efforts to: (a) provide support to Customer for the use of the Services; and (b) keep the Services operational and available to Customer, in each case in accordance with its standard policies and procedures. 1.4 Restrictions. Users will not, and will not permit any third party to: (a) sublicense, lease, sell, resell, rent, loan, distribute, transfer or otherwise allow the use of the Services for the benefit of any unauthorized third party; (b) use any manual, or automated software, devices, or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, browser extensions, data mining tools or the like) to "scrape," extract, or download Services (collectively, the "Scraping Devices") (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (c) use the Scraping Devices to leverage any content or information from the Services for machine learning or training of artificial intelligence models or tools; (d) attempt to access the Services through any unapproved interface; (e) attempt to circumvent any usage restrictions of the Services; (f) access or use the Services to build a similar, substitute, or competitive website; competitive product or service; (g) use bots or any unauthorized automated tools to access or interact with the Services, including importing or exporting information, generating or interacting with User Content or Services, or otherwise manipulating engagement in a deceptive or non-genuine manner; (h) reproduce, utilize, display, or share any information obtained from the Services—either directly or via third parties—without the permission of the content owner; (i) remove, alter, or obscure any proprietary notices (including copyright and trademark notices) of CCRcorp or any copies thereof; (j) infringe on any third-party intellectual property rights or breach any non-disclosure obligations by uploading User Content; (k) access or use the Services, including sharing any feedback or User Content, in violation of your enterprise's applicable policies; (l) use any parts or components of the Services with any artificial intelligence tools, machine learning tools, large language or natural language processing models or cloud-based AI services ("AI Models") without the prior written consent of CCRcorp; or (l) otherwise use the Services in any manner that exceeds the scope of use permitted under Section 1.1, violates applicable law, the Order (as defined below) or this Agreement. 1.5 Suspension. CCRcorp reserves the right to suspend any User's access to the Services for any failure, or suspected failure, to comply with Section 1.4. CCRcorp may also suspend any User's access to all or any part of the Services, without notice and without incurring any resulting obligation or liability, if: (a) Customer fails to pay the Fees; or (b) CCRcorp believes, in its good faith and reasonable discretion, that such User's use of the Services poses a risk to the security or integrity of CCRcorp's systems, interferes with CCRcorp's ability to reliably provide Services to other Users, or may subject CCRcorp to liability. 1.6 User Content. Users may be able to upload or transmit to the Services, including through Third-Party Services (defined below), content or information ("User Content"). Each User will have the sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all User Content uploaded by such User. User Content includes User's trademarks, tradenames, service marks, and logos ("User Marks"). User Content does not include Performance Data. The User Content will not: (a) be unlawful; (b) contain any sensitive personal information, including but not limited to personal medical information, personal financial information, or social security numbers, (c) contain any viruses, worms or other malicious computer programming codes intended to damage the Services; or (d) violate the intellectual property, privacy, or other rights of any third party or violate any applicable privacy laws. 1.7 Third-Party Services. User may elect, or where it is a necessary part of the Services, may be required, to link certain third-party services or applications (e.g., event registration pages) to the Services ("Third-Party Services"). User acknowledges that: (a) CCRcorp may access any of User's User Content provided via a Third-Party Service so that it may be used in accordance with the terms of this Agreement, and (b) it is instructing CCRcorp to share its User Content (including any personal information contained therein where directed) with the providers of such Third-Party Services; (c) it is responsible for ensuring that it is entitled to grant CCRcorp access to User's account with such Third-Party Service; and (d) it is responsible for all activity under the Third-Party Services and any content derived therefrom, including all payment obligations associated with a Third-Party Service. Third-Party Services are not under the control of CCRcorp, and CCRcorp is not responsible for any Third-Party Services. User's use of the Third-Party Services is governed by the User's agreement with providers of the Third-Party Services. User acknowledges and accepts that CCRcorp does not guarantee the continued interoperability or availability of any Third-Party Service, which may be updated or removed from the Services from time to time. 2.1 Membership Subscriptions; Fees. Subscriptions to certain aspects of the Services are available on a membership subscription basis (a "Subscription"). The Fees for such Subscription will be set forth on an applicable electronic order or invoice provided in connection with your purchase of any Services ("Order") and will be billed at the start of the Subscription in accordance with Customer's elections on the Order at the time of purchase. CCRcorp reserves the right to change the timing of billing and to change the Subscription pricing at any time. If any changes are made during the Term, such update(s) would only take effect at the beginning of any new Subscription term. Fees are non-refundable (except as expressly set out in an Order) and are not eligible for set off. Customer will maintain complete, accurate and up-to-date User billing and contact information. (b) Cancelling Subscriptions. Customer may cancel its Subscription by contacting CCRcorp in accordance with Section 9.3 (Notices), which will be effective at the end of the then-current Subscription term. For clarity, any cancellation of a Subscription will be subject to any minimum term agreed in an Order. (c) Effect of Cancellation. If Customer cancels its Subscription, Customer may use its Subscription until the end of the then-current Subscription term. However, Customer will not be eligible for a prorated refund of any portion of the Fees paid for the then-current Subscription period. (d) Upgrades and Downgrades. If Customer chooses to upgrade its Subscription in the middle of a Subscription period, such upgrade will take effect immediately and any incremental Fees associated with such upgrade will be charged in accordance with this Agreement. In any future Subscription term, the Fees will reflect any such upgrades. If Customer chooses to downgrade a Subscription, the downgrade will take effect as of the first day of the next Subscription term. Downgrading a Subscription may cause loss of content, features, or capacity of the Services, and CCRcorp does not accept any liability for such loss. (e) Free Trials and Promotional Access. Any free trial or other promotion that provides Customers access to the Services must be used within the specified time of the trial. At the end of the trial or promotional period, Customer's use of the Services will automatically roll into a paid Subscription at CCRcorp's then-current Fees, and Customer will be charged for such Subscription as set forth in this Section 2 (Subscriptions; Fees) if it does not cancel prior to the start date of the Subscription period. 2.2 Payments. Customer agrees to pay all charges at the amounts in effect when such charges are incurred. CCRcorp may use Stripe, Inc. and its affiliates ("Stripe"), among other third-party payment processors (collectively, "Payment Processors"), to facilitate payment services (e.g., card acceptance, merchant settlement, and related services). Unless you pay through a separate payment service provider, if you subscribe to the Services, you will be required to provide your payment details and any additional information required to complete your order directly to Stripe or a similar Payment Processor. You agree to be bound by Stripe's Privacy Policy (currently accessible at https://stripe.com/privacy) and its Terms of Service (currently accessible at https://stripe.com/legal/ssa) or the corresponding Privacy Policy and Terms of Service of any similar Payment Processor used. You also hereby consent and authorize CCRcorp and its Payment Processors to share any information and payment instructions you provide with one or more providers to the minimum extent required to complete your transactions. Please note that online payment transactions may be subject to validation checks by Payment Processors and your card issuer, and CCRcorp is not responsible if your card issuer declines to authorize payment for any reason. For your protection, Stripe and other Payment Processors use various fraud prevention protocols and industry standard verification systems to reduce fraud, and you authorize it to verify and authenticate your payment information. Your card issuer may charge you an online handling fee or processing fee. CCRcorp is not responsible for this. In some jurisdictions, Stripe or other Payment Processors may use external parties under strict confidentiality and data protection requirements for the purposes of payment processing services. 2.3 Payment Information. By providing your payment and financial information, you agree that CCRcorp, its service providers, and any of its third-party payment processors (e.g., Stripe) are authorized to immediately charge your account for all applicable Fees and that no additional notice or consent is required. 2.4 Taxes. All Fees owed by Customer in connection with this Agreement are exclusive of, and Customer will pay, all sales, use, excise and other taxes and applicable export and import fees, customs duties and similar charges that may be levied upon Customer in connection with this Agreement, except for employment taxes and taxes based on CCRcorp's income. 3.1 CCRcorp Intellectual Property. User acknowledges that CCRcorp retains all right, title and interest in and to the Services (including all content made available thereon), including any enhancements, improvements, or derivatives thereto, and that the Services is protected by intellectual property rights owned by or licensed to CCRcorp. Other than as expressly set forth in this Agreement, no license or other rights in the Services are granted to the User. 3.2 User Content. Users retain all right, title and interest in and to the User Content. Each User hereby grants to CCRcorp a non-exclusive, worldwide, royalty-free and fully paid-up license during the Term (as defined below) to access and use its User Content to provide the Services and any accompanying support to User as set forth in this Agreement. CCRcorp may collect, generate, and use aggregated and de-identified information derived from User Content to improve its products and services, provided that such information will be first de-identified and anonymized. For the avoidance of doubt, CCRcorp's use of User Content to make any improvements to the products or services are based solely on aggregated and de-identified data. 3.3 Interactions between Users. If any User provides suggestions or feedback to another User, such providing User acknowledges and agrees that the receiving User will have the right to use, reproduce, modify, and incorporate such feedback without any obligation to the providing User. Users further agree not to provide any information that is proprietary or confidential to any third party when providing such feedback. 3.4 Performance Data. CCRcorp may monitor a User's use of the Services and may collect and compile Performance Data. As between CCRcorp and any User, all right, title, and interest in the Performance Data, and all intellectual property rights therein, belong to and are retained solely by CCRcorp. CCRcorp may use Performance Data to operate, improve, analyze, and support the Services and for other lawful business purposes, provided that the Performance Data will not identify User or User's Confidential Information. 3.5 Feedback. If a User gives feedback to CCRcorp on the use, operation, and functionality of the Services, including information about operating results, known or suspected bugs, errors, or compatibility problems, suggested modifications, and user-desired features, functionality, or workflows (collectively, "Feedback"). CCRcorp may use and incorporate such Feedback in connection with its business, products and services without restriction or consideration to User. CCRcorp will not identify User as the source of any such Feedback. CCRcorp acknowledges that all Feedback is provided to CCRcorp on an "as is" basis and that User is not responsible for CCRcorp's use of any Feedback, including any results therefrom. 4.1 Restrictions. As a recipient of Confidential Information, each party agrees that it will (a) use the Confidential Information of the disclosing party only as set forth in this Agreement, (b) not disclose to any third party any Confidential Information of the disclosing party, except as expressly permitted under this Agreement, (c) limit access to the Confidential Information of the disclosing party to its employees and contractors who have a need to know such information to use or provide the Services, and ensure that such employees or contractors are bound by confidentiality obligations at least as protective as those contained herein, and (d) protect the Confidential Information of the disclosing party from unauthorized use, access, and disclosure in a reasonable manner. 4.2 Exclusions. The restrictions on use and disclosure of Confidential Information set forth above will not apply to any Confidential Information that (a) is or becomes generally known and available to the public through no act or omission of the receiving party, (b) was in the receiving party's lawful possession without confidentiality restrictions prior to disclosure by the disclosing party, (c) is received without confidentiality restrictions from a third party with the right to make such a disclosure, or (d) is independently developed by the receiving party. The receiving party may disclose Confidential Information to the extent that such disclosure is required by law or by the order of a court or similar judicial or administrative body, provided that the receiving party will, if permitted by law, provide advance notice of the disclosure to the disclosing party and cooperate so that the disclosing party has the opportunity to obtain appropriate confidential treatment for such Confidential Information. 5.1 Term. The term of this Agreement will commence on the date you accept this Agreement and continues for so long as you use the Services (the "Term"). User may deactivate or delete User accounts or permissions at any time, provided that the deletion of a User account does not by itself automatically terminate this Agreement. 5.2 Termination. Customer may terminate a Subscription in accordance with Section 2.1(b) (Cancelling Subscriptions). Either party may terminate this Agreement upon written notice if: (a) the other party materially breaches the Agreement and does not cure such breach (if curable) within thirty (30) days after written notice of such breach, or (b) the other party: (i) becomes insolvent, (ii) files a petition in bankruptcy that is not dismissed within sixty (60) days of commencement, or (iii) makes an assignment for the benefit of its creditors. CCRcorp reserves the right to terminate this Agreement or your access to the Services at any time without cause upon notice to you. If such termination is not due to your breach of this Agreement and you have prepaid any Fees with respect to your access to the Services, CCRcorp shall provide you with a pro rata refund of any such prepaid Fees to reflect the remainder of your Subscription term. 5.3 Effect of Termination. Upon the expiration or termination of this Agreement for any reason, the rights and licenses granted to User hereunder will immediately terminate and User will cease use of the Services. Termination of this Agreement will not relieve User of its obligation to pay all Fees that accrued prior to such termination. Each party will return to the other or destroy all property (including any Confidential Information) of the other party. Notwithstanding the foregoing, each party may retain the Confidential Information of the other in accordance with its standard backup procedures, subject to the requirements in Section 4 (Confidential Information). Sections 1.4 (Restrictions), 2.2 (Payments) through 2.4 (Taxes) (until such time that all Fees are paid), 3 (Proprietary Rights), 4 (Confidential Information), 5.3 (Effect of Termination), 6.2 (Disclaimer), 7 (Indemnification), 8 (Limitation of Liability) and 9 (General Provisions) will survive the termination of this Agreement. 6.1 User Content. User represents and warrants that it has all rights necessary to upload and use its User Content with the Services (and has provided all required notices related thereto) and to grant CCRcorp all licenses to the User Content in this Agreement without violating any third-party intellectual property, privacy, or other rights, or applicable privacy laws and regulations or any agreement with any Third-Party Service. 6.2 DISCLAIMER. EXCEPT AS EXPRESSLY PROVIDED HEREIN, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) THE CCRCORP SERVICES IS PROVIDED "AS IS" AND "AS AVAILABLE" AND (B) CCRCORP AND ITS SUPPLIERS MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, AND HEREBY EXPRESSLY DISCLAIM ANY AND ALL OTHER WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. CCRCORP DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE FREE FROM BUGS, UNINTERRUPTED, OR ERROR-FREE. (a) YOU ACKNOWLEDGE AND AGREE THAT CCRCORP IS NOT LIABLE, AND YOU AGREE YOU WILL NOT SEEK TO HOLD CCRCORP LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING ANY THIRD-PARTY SERVICE, AND THAT THE RISK OF INJURY FROM ANY THIRD PARTY RESTS ENTIRELY WITH YOU. (b) YOU ACKNOWLEDGE AND AGREE THAT CCRCORP IS NOT LIABLE, AND YOU AGREE YOU WILL NOT SEEK TO HOLD CCRCORP LIABLE FOR, ANY AND ALL CLAIMS THAT THE FEEDBACK OR SUGGESTIONS PROVIDED BY USERS INFRINGES THIRD PARTY INTELLECTUAL PROPERTY OR VIOLATES CONFIDENTIALITY RIGHTS. YOU ACKNOWLEDGE THAT CCRCORP MAKES NO ENDORSEMENT REGARDING ANY USER FEEDBACK, SUBMISSION, CONTENT. 9.1 Governing Law. This Agreement will be governed by the laws of the State of Texas, exclusive of conflict or choice of law rules. 9.2 Assignment; Subcontractors. Neither party may assign this Agreement, including any rights or obligations arising hereunder, without the prior written consent of the other party, except that CCRcorp may assign this Agreement without the consent of User in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Any attempted assignment or transfer in violation of the foregoing will be null and void. This Agreement will be binding upon each party's respective permitted successors and assigns. You agree that CCRcorp may subcontract certain aspects of the Services to qualified third parties, provided that any such subcontracting arrangement will not relieve CCRcorp of any of its obligations hereunder. 9.3 Notices. Any notice under this Agreement must be given in writing to the other party (a) if to CCRcorp, then to info@ccrcorp.com or 8911 N Capital of TX Hwy., Suites 4200-110, Austin, TX, 78759; and (b) if to User, then to the email address associated with User's account. Notices will be deemed to have been given upon: (a) receipt (or when delivery is refused) if delivered in person or sent by recognized courier service, or (b) delivery, if sent by email that references this Section 9.3. 9.4 Force Majeure. Any delay in the performance of any duties or obligations of either party (except for the obligation to pay Fees owed) will not be considered a breach of this Agreement if such delay is caused by a labor dispute, shortage of materials, war, fire, earthquake, typhoon, flood, natural disasters, governmental action, pandemic/epidemic, cloud-service provider outage, or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to notify the other party of the circumstances causing the delay and to resume performance as soon as possible. 9.5 Export. You agree not to use, export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from CCRcorp, or any products using such data, in violation of the U.S. export laws or regulations. Further, each party agrees to comply with all relevant export laws and regulations of the United States and the country or territory in which the Services are provided ("Export Laws") to assure that neither any deliverable, if any, nor any direct product thereof is (1) exported, directly or indirectly, in violation of the Export Laws or (2) intended to be used for any purposes prohibited by the Export Laws. User further represents that (i) User is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (ii) User is not listed on any U.S. Government list of prohibited or restricted parties. 9.6 U.S. Government Restricted Rights. If User is a government end user, then this provision also applies to User. The software contained within the Services and provided in connection with this Agreement has been developed entirely at private expense, as defined in FAR section 2.101, DFARS section 252.227-7014(a)(1) and DFARS section 252.227- 7015 (or any equivalent or subsequent agency regulation thereof), and is provided as "commercial items," "commercial computer software," and/or "commercial computer software documentation." Consistent with DFARS section 227.7202 and FAR section 12.212, and to the extent required under U.S. federal law, the minimum restricted rights as set forth in FAR section 52.227-19 (or any equivalent or subsequent agency regulation thereof), any use, modification, reproduction, release, performance, display, disclosure, or distribution thereof by or for the U.S. Government will be governed solely by this Agreement and will be prohibited except to the extent expressly permitted by this Agreement. 9.7 Miscellaneous. This Agreement (as may be modified from time to time) is the entire understanding and agreement of the parties, and supersedes any and all previous and contemporaneous understandings. To the extent of any inconsistency between this Agreement and an Order, the Order shall prevail solely to the extent of the inconsistency. No terms of any purchase order, acknowledgement, or other form provided by User will modify this Agreement, regardless of any failure of CCRcorp to object to such terms. Any ambiguity in this Agreement shall be interpreted equitably without regard to which party was the drafter hereof. CCRcorp may modify the terms of this Agreement at any time, and any such modification will take effect immediately upon publication of said terms and conditions. The terms of this Agreement In the event that any provision of this Agreement is held to be invalid or unenforceable, the valid or enforceable portion thereof and the remaining provisions of this Agreement will remain in full force and effect. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. All waivers must be in writing. The headings of Sections of this Agreement are for convenience and are not to be used in interpreting this Agreement. As used in this Agreement, the word "including" means "including but not limited to." The parties to this Agreement are independent contractors, and no agency, partnership, franchise, joint venture, or employee-employer relationship is intended or created by this Agreement. There are no third-party beneficiaries of this Agreement. 10.1 Arbitration of Disputes. Subject to the terms of this agreement to arbitrate ("Arbitration Agreement"), you and CCRcorp agree that all disputes or claims between you and CCRcorp that arise out of or relate in any way to your use of or access to the Services, or to this Agreement, including prior versions of this Agreement, (each, a "Dispute") will be resolved by binding arbitration. By entering into this Arbitration Agreement, all parties are waiving their respective rights to sue in court and have a trial in front of a judge or jury. This Arbitration Agreement is intended to be broadly interpreted and includes, for example, Disputes brought under any legal theory or that arose before you first accepted any version of this Agreement containing an arbitration provision. This Arbitration Agreement does not preclude any party from (1) bringing claims in small claims court if such claims qualify and remain in small claims court; or (2) seeking equitable relief in any court of competent jurisdiction for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). 10.2 Informal Dispute Resolution. Before initiating any proceeding according to the terms of this Arbitration Agreement, as a condition precedent to doing so, you and CCRcorp agree to try to first resolve Disputes informally by contacting the other party in writing (the "Notice of Dispute"). If the Dispute is not resolved within forty-five (45) days after submission of the Notice of Dispute, you or CCRcorp may commence arbitration or, in the limited circumstances described in this subsection above, an alternative legal proceeding. Any applicable statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this informal Dispute resolution process. You and CCRcorp agree that any Dispute subject to arbitration under this Arbitration Agreement not resolved informally must be filed in arbitration within one (1) year after the cause of action accrues; otherwise, such cause of action is permanently barred. 10.3 Arbitration Procedures. The interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings initiated hereunder will be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. The National Arbitration & Mediation ("NAM") will administer the arbitration in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedure (the "NAM Rules") in effect at the time of arbitration, except as supplemented, where applicable, by the NAM Supplemental Rules for Mass Arbitration Filings (both sets of rules are currently available at https://www.namadr.com/resources/rules-fees-forms/), and as modified by this Arbitration Agreement. All issues are for the arbitrator to decide, including issues related to the scope and enforceability of this Arbitration Agreement and the arbitrability of Disputes, except that only a court of competent jurisdiction may decide issues concerning the validity, enforceability, interpretation, and breach of Section 10.6. The arbitration will be conducted in the county where you reside or Travis County, Texas, unless the parties agree to another location or the Batch Arbitration process is triggered per Section 10.7. The arbitrator will issue a final, binding written award, which may be entered in any court having jurisdiction. 10.4 Confidentiality. To the fullest extent permitted by applicable law, all materials and documents exchanged during the arbitration will be kept confidential. 10.5 Arbitration Fees. The NAM Rules will govern the payment of arbitration fees. The parties shall bear their own attorneys' fees and costs unless the arbitrator finds that the Dispute was frivolous and/or brought for an improper purpose (as measured by the standards set forth in the Federal Rule of Civil Procedure 11(b)). 10.6 No Class or Representative Actions. You and CCRcorp agree that, by entering into this Arbitration Agreement, all parties MAY EACH BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If a final decision, not subject to any further appeal or recourse, determines that this Arbitration Agreement is invalid or unenforceable as to any particular claim or request for relief (such as a request for public injunctive relief), you and CCRcorp agree that only that particular claim or request for relief will be severed from the arbitration and may be litigated in the state or federal courts located in Travis County, Texas. 10.7 Batch Arbitration. Notwithstanding Section 10.6, to increase the efficiency of administration and resolution of arbitrations, you and CCRcorp agree that, in the event there are ten (10) or more individual requests for arbitration ("Requests") of a substantially similar nature (i.e., Requests that arise out of or relate to the same or similar facts and raise the same or similar legal issues and requests for relief) filed against CCRcorp by or with the assistance of the same law firm, group of law firms, or organizations, within a ninety (90)-day period, NAM will (1) administer the arbitration demands in batches of 100 Requests per batch (or, if between ten (10) and ninety-nine (99) individual Requests are filed, a single batch of all those Requests, and, to the extent there are fewer than 100 Requests remaining after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award ("Batch Arbitration"). If there is any dispute about the applicability of these Batch Arbitration procedures, NAM will appoint a single administrative arbitrator to determine the applicability of the Batch Arbitration process ("Administrative Arbitrator"). The Administrative Arbitrator's fees shall be paid by CCRcorp. 10.8 30-Day Right to Opt-Out. You have the right to opt out of this Arbitration Agreement. If you do not wish to be bound by this Arbitration Agreement, you must send written notice to CCRcorp within thirty (30) days of first accepting any version of this Agreement containing an Arbitration Agreement. You must send this notice to info@CCRCorp.com or 8911 N Capital of TX Hwy., Suite 4200-110, Austin, TX 78759 and must include: (1) your name and address; (2) the email address you used to set up your account (if you have one); and (3) an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements you may currently have, or may enter in the future, with CCRcorp. 10.9 Changes to this Arbitration Agreement. CCRcorp retains the right to make changes to this Arbitration Agreement in the future. You may reject any such change by notifying CCRcorp within thirty (30) days of that change at Info@CCRCorp.com or 8911 N Capital of TX Hwy., Suite 4200-110, Austin, TX 78759. Unless you reject the change within thirty (30) days, your continued use of the Services constitutes your acceptance of the change. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you did not previously properly opt out per the requirements in Section 10.8 above. By rejecting a future change, you remain bound to arbitrate any Dispute in accordance with the terms of this Arbitration Agreement, as modified by any changes to the Arbitration Agreement you did not reject. CCRcorp will continue to honor any valid opt outs to the Arbitration Agreement, and you do not need to submit a rejection of future changes to this Arbitration Agreement if you properly opted out per the requirements in Section 10.8 above. [End of Agreement] |