Terms of Use, End-User License Terms, Privacy Policies, Class Waiver
Welcome to CiceroNow.com (the “Site”). This Site is operated by Cicero Now LLC (“CiceroNow”). Please read these Terms of Use carefully before using this Site. By using the Site, you agree to be bound by these Terms of Use. Cicero Now reserves the right to modify these Terms of Use at any time by posting modified Terms of Use as dated at the bottom of this agreement, and your continued use of the Site thereafter will constitute agreement with such modifications.
End User License Agreement
Cicero Now LLC (“CiceroNow”) Software or Apps (collectively referred to as “Software” or “Licensed Application”) made available through the Apple Mac or App Store or through direct download from CiceroNow are licensed, not sold, to You the Customer (“You”/”Your” or “Customer”). Your license to any software is subject to your acceptance of this End User License Agreement (“EULA”) and to proper payment status. All Software that is subject to this Standard EULA is referred to herein as the “Licensed Application” or “Software.” Licensor reserves all rights in and to the Licensed Application not expressly granted to you under this EULA.
a. Scope of License: Licensor grants to you a nontransferable, non-exclusive, non-assignable license to use the Licensed Application on a device that you own or control, which Licensed Application software is copyrighted to CiceroNow, for the duration of the term of payment. You may maintain a copy of the Licensed Program in executable code form as necessary for use by You and for backup purposes. You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not sublicense, transfer, redistribute, decompile, disassemble, reverse engineer, or otherwise try to discover the source code of the Licensed Application and, if you sell Your computer to a third party, you must remove the Licensed Application from Your computer before doing so. You agree not to provide or to otherwise make available in any form the Licensed Application, or any portion thereof, to any person without the prior written consent of CiceroNow. Except as expressly and unambiguously licensed herein, Licensor retains all right, title and interest in and to the Software.
b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application.
c. Termination. This Standard EULA is effective unless terminated by Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.
d. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
e. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR DAMAGES OF INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Licensor’s total liability to you for all damages exceed the amount of fifty dollars ($50.00).
f. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
g. The Licensed Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights are reserved to CiceroNow under the copyright laws of the United States.
h. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and CiceroNow shall be governed by the laws of the State of California and United States, excluding its conflicts of law provisions. You and CiceroNow agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Orange, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of another country, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable laws of the United States and California, without regard to any conflict of law provisions, and you hereby irrevocably submit to the exclusive jurisdiction of the California courts. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by Customer except with CiceroNow’s prior written consent. CiceroNow may freely transfer and assign this Agreement and any of its rights and obligations hereunder without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed on behalf of both parties by their duly authorized representatives, except as otherwise provided herein. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement.
Copyright
All materials contained on this Site, including the program itself, text, images, logos and or other material (collectively “Content”), and all intellectual property rights thereto, including copyrights, trademarks, patent applications, service marks, trade names and trade dress, are owned by CiceroNow. You agree not to copy, reproduce, republish, transmit, modify or distribute any of the Content contained on the Site. These rights are valid and protected in all forms, media, and technologies existing now or hereafter developed. You agree not to use the software to engage in copyright infringement or other legal violations. Anything you publish in use of the software you bear sole responsibility for.
Content Disclaimer
The content on this site is provided “as is.” We do not represent that the content will be error-free, timely, free of viruses or other harmful elements, or that defects will be corrected. Neither CiceroNow nor any of its affiliates, partners or employees, makes any representations, express or implied, with respect to the timeliness, accuracy or completeness of any of the contents of this website, and expressly disclaim any liability or warranties, express or implied, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose or non-infringement. CiceroNow expressly disclaims any liability for any action, or failure to take action, in reliance on any of the contents of the website. Your sole remedy for any dissatisfaction with any of the Contents is to refrain from using the website.
Education Videos Usage
Transmission of the information in CiceroNow web site and viewing of any persuasion, advocacy or legal education or other videos is not intended to create, and receipt does not constitute, an attorney-client relationship or other fiduciary or agency relationship. Users and online readers should not act upon any information made available in this web site without first consulting legal counsel of their own directly. The information in this web site is not provided in the course of an attorney-client relationship and is not intended to constitute legal advice or to substitute for obtaining legal advice from an attorney licensed in the appropriate jurisdiction.
Privacy Policies
This Privacy Policy applies to the website and online services offered by CiceroNow LLC (“Company” or “CiceroNow”), including any mobile application or version of the Software (“Software”) or www.ciceronow.com website or www.becicero.com (the “Site“), and explains the types of information collected through the Site, and how such information may be processed, utilized, or shared. By using the Site and Software, you, the user, agree to the terms of this Privacy Policy. If you do not agree with this Privacy Policy, you cannot use, and must discontinue, any use of the Site.
Collection of Personal Information
Users may browse the portions of the Site that do not require entry of log-in credentials without registration, and without actively entering personally identifying information. However, certain information may be provided automatically by the user’s web browser or application when entering or utilizing the Site, including, as examples: IP addresses; other device identifiers; browser types; operating systems; access dates and times; and referring and exiting URLs (“Data”). We will often collect Data at several points throughout the Site, its links and through related functionality. We use Data to measure the number of visitors to the different sections of our Site, to help us make our site more useful to visitors, to measure the amount of traffic from third-party data analytics vendors, to generate usage statistics, to ensure email reaches intended destinations, to generate special offers and advertisements which we may present to you, and to insure our payment processors have accurate Data and to prevent fraud. The only personally-identifying information we collect and store about you is the information you, voluntarily choose to provide to us, such as your name, e-mail address, address, zip code, telephone number, etc., in response to a specific prompt that requires you to initially enter the information. If You or a visitor, member, subscriber or other Site user sends any personal communication or correspondence, by any means, to the Site, the Company or any of its employees, agents or representatives, we may collect, in databases and otherwise, and use, any and all such information and other Data regarding that communication, consistent with this privacy policy. The Data concerning you the sser is collected to allow CiceroNow to provide its Service, comply with its legal obligations, respond to enforcement requests, protect its rights and interests (or those of its Users or third parties), detect any malicious or fraudulent activity, as well as the following: Registration and authentication, Managing support and contact requests, Contacting the User, and Handling payments. Data collected at sign up is processed through our servers or Stripe payment processor servers and depending upon your location it may require data traveling through countries or states. By registering and/or authenticating, Users allow this Website to identify them and give them access to the dedicated services. Third parties may also provide registration and authentication services for CiceroNow. Use of chat is through Pusher and nothing in chat is recorded or saved on the CiceroNow Website or servers.
Certain areas and services on the Site may ask users to provide personal information, including by completing forms on various webpages such as for example registration to watch video content. This may include providing personal information in order to register for access to content. CiceroNow will use this personal information for the purpose for which it was provided, as well as other purposes for which the user gives consent. Users who register with the Site may be informed about client alerts, events, or other materials or activities. Lawyers who watch continuing education videos must provide certain information that will be saved. No person’s use of any of the site’s content creates any attorney client relationship between You and anyone else, nor does any such use of content constitute attorney client advice upon which you may rely in any manner. If you do provide us with personal information for any of these activities, we may use it to conduct the activity and we may also use it for all other purposes set forth in this Privacy Policy, including, without limitation, we may use the information to verify identity, protect against fraud, update and service your account, target and personalize future Offers that we may display on or in association with the Site and in our communications with you. We use third party web services analytics to track and examine the use of this Website, and to prepare reports on user engagement with the website.
The Company will not disclose or use any of your personally identifiable information except to the extent set forth in this Privacy Policy, or under special circumstances, such as when we believe in good faith that the law requires it, or when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating the Site’s Terms and Conditions or defrauding the Company or any third party. The Company will disclose your personal information, without notice, to a party unrelated to the Company if required to do so by law or in the good faith belief that such action is necessary to comply with the law, legal process served on the Company, to protect the rights or property of the Company, or in urgent circumstances to protect the personal safety of users of the Site or the public at large.
If you are a resident of the State of California, you have certain rights under California law. California law permits California residents to request from a business with whom the California resident has an established business relationship, information about the types of personal data that has been collected about them and whether this personal data is sold, shared or disclosed and to whom, including the names and addresses of the third parties with whom the business has shared such information during the immediately preceding calendar year. To submit a request for this information, please contact us at the contact page.
Use of Cookies
CiceroNow uses “cookies” (small data files) on its website in order to improve functionality and user experience. For example, we use session cookies to make it easier for you to navigate and otherwise use our Site. Cookies are small pieces of data that are stored by a user’s Web browser on the user’s hard drive. Cookies can be used to “remember” what information a user accesses on one Web page to simplify subsequent interactions with that Web site by the same user or to use the information to streamline the user’s transactions on related Web pages. This makes it easier for a user to move between and interact with Web pages and to complete commercial transactions over the Internet. The Site also uses cookies to store and sometimes track information to make your online experience easier and more personalized and for other purposes related to your use of the Site and related services. For example, because a cookie can be linked to information you have inputted or which has otherwise been collected, the need to repetitively enter certain information, such as your username or email address, can be eliminated. The use of cookies also assists us in acquiring important Site usage Data. Cookies can also assist us in tracking and targeting the interests, preferences and desires of our Site users to present the most appropriate messages, offers and other communications to our users, and to generally enhance their experience at our Site. The Company, through the functionality of the Site, related sites and related services, gather Data and other information regarding Site navigation and Site use from cookies, clear GIFs and other means and store such information in log files and other databases. This Data and similar information includes date and time recordation data, Internet protocol (IP) addresses, Internet service provider (ISP) data, referring or exit pages, your computer’s operating system and components, such as your browser type, and other data. While this information generally does not directly identify individual users, it does provide us with Data and other broad demographic information. We use this information for a number of purposes including Site usage analysis, analysis of Site navigation by users, determining and analyzing overall user preferences and user trends, Site administration, and general improvement and optimization of Site efficiency and effectiveness and user communications, including promotions to users.
Do Not Track Requests
CiceroNow does not currently respond or otherwise take any action with regard to “Do Not Track” requests.
Security Procedures
CiceroNow maintains appropriate technical and organizational security procedures in order to keep the limited personal information CiceroNow possesses confidential, and protect users’ personal information against the loss, misuse, unauthorized access, disclosure or alteration, in accordance with applicable data protection and privacy laws. However, CiceroNow cannot ensure or warrant the security of any information that users transmit to the Site. Also, CiceroNow does not host any content of User in the Software and so the entirety of any Software-based inputted data created by User resides on User’s computer and any privacy to such data is User’s sole responsibility. CiceroNow does not record or preserve any copies of any chat-related content that You may share with other CiceroNow users when using the Software’s chat-communication dialogue boxes, all of which chat content is also lost to You once you close out of the application.
Third Party Links
The Site may contain hyperlinks to websites of third parties. If users decide to follow such links, they must be aware that Cicero Now does not take any responsibility for the third party content or compliance of the third party website with data privacy laws. This Privacy Policy does not apply to such third party content or sites. Users are encouraged to make themselves aware of applicable privacy laws and policies before they submit personal information to third party websites.
Restrictions on Use
You agree not to use or launch any automated system, including without limitation, robots, spiders or offline readers, that accesses the Website in a manner that sends more request messages to Company’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information from the Website.
Children’s Privacy
The Company does not publish any content or Offers on the Site that are targeted to children. We do not specifically collect information about children. The Company does not solicit and does not knowingly accept subscriptions, memberships, or acceptances of Offers from persons under the age of eighteen years. If minors have access to your computer or email, we ask that you take appropriate measures to prevent such minors from accessing or using the Site, Software or any of our Company’s services as they are exclusively offered and restricted to, and only authorized for, adults over the age of eighteen years. Your minor’s use of your credit card to purchase any services is your legal and financial responsibility solely, and not the legal or financial responsibility of CiceroNow.
Revisions to this Privacy Policy
CiceroNow reserves the right to change this privacy policy at any time whereby relevant changes take effect for the future. The applicable version of this privacy policy is available on the Site. Please check this privacy policy regularly, and before you submit additional personal information via the Site.
CiceroNow may amend this Privacy Policy at any time. The user’s continued use of the Site after any modification to the Privacy Policy will constitute the user’s acceptance of the new terms. CiceroNow encourages users to periodically review this page for the latest information on the firm’s privacy practices. IF THE USER DOES NOT AGREE TO FUTURE CHANGES TO THIS PRIVACY POLICY, THE USER MUST STOP USING THE SITE AFTER THE EFFECTIVE DATE OF SUCH CHANGES.
Class Action Waiver
You and CiceroNow agree that the resolution of any disputes shall be conducted in their individual capacities only, and the parties expressly waive their right to file a class action or seek relief on a class basis, multiple plaintiffs action, or other representative or private attorney general action.
March 2023.