These Terms of Use and Conditions (the “Terms”) are entered into by and between the company registering for the SCRP Assist online platform, including its authorized users ("You", "your") and KMW Web Automation LLC, the owner and operator of the SCRP Assist online platform (“KMW,” “our,” “we,” or "us"). These Terms govern your access to and use of the KMW Platform, including any content, functionality, websites, web assistants, bots, applications, browser extensions and services offered on or through the online platform (the "Platform").
This Platform interfaces with the Federal Communications Commission's ("FCC") SCRP Portal by using your SCRP Portal account to operate the SCRP Portal's controls and read your SCRP Portal related data, including private financial information, which will further be copied to, and stored on, this Platform. You hereby authorize us to operate the SCRP Portal as such and to access, store and analyze copies of your private data.
This Platform is offered and available to users who are at least 13 years of age or older, are active employees of the registered company, are authorized by the company to use this Platform, and reside in the United States or any of its territories or possessions. By using this Platform, you represent and warrant that you meet all of the foregoing eligibility requirements and agree to be bound and abide by these Terms. If you do not meet the eligibility requirements or agree to these Terms, please do not access or use the Platform.
If you are registering your company for the Platform you hereby represent you have full authority to bind your company to these Terms. Furthermore you also warrant that you are the owner of the SCRP application or applications that will be associated with this account or have been given verifiable authorized access to any SCRP applications on the SCRP Poral by the actual applicants.
We may revise and update these Terms from time to time in our sole discretion. We will notify you of material changes by posting the revised Terms here and emailing you if you have provided a valid email address. All changes are effective as of the Effective Date above.
Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. Notwithstanding the foregoing, 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 reserve the right to withdraw or amend this Platform, and any service or material we provide on the Platform, in our sole discretion without notice. Any information on the Platform may be out of date at any given time, and we are under no obligation to update such information. We will not be liable if, for any reason, all or any part of the Platform is unavailable or out of date at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.
You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Platform or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete. Please review our Privacy Notice at https://kmwweb.com/privacy to learn about our privacy practices with respect to your data and information.
Further, you shall be solely responsible for providing, maintaining, and ensuring compatibility with the Platform, all hardware, software, electrical, and other physical requirements for Your use of our Platform, including, but not limited to, telecommunications and internet access connections and links, web browsers or other equipment, and programs or services required to access and use the Platform.
You are responsible for both:
The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by KMW Web Automation LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use the Platform for your private, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, except as follows:
You must not:
You must not access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform.
If you wish to make any use of material on the Platform other than that set out in this section, please address your request to: support@kmwweb.com.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms, your right to use the Platform will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by KMW Web Automation LLC. Any use of the Platform not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
The “KMW Web Automation LLC” name, the KMW spiral logo, and all related names, logos, product and service names, designs, and slogans are trademarks of KMW Web Automation LLC or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Platform are the trademarks of their respective owners.
You may use the Platform only for lawful purposes and in accordance with these Terms. You agree not to use the Platform:
Additionally, you agree not to:
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS KMW WEB AUTOMATION LLC AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY KMW WEB AUTOMATION LLC/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER KMW WEB AUTOMATION LLC/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
The information presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Platform, or by anyone who may be informed of any of its contents.
This Platform may include content provided by third parties, including materials provided by third-party licensors, syndicators, advertisers, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided on this Platform, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of KMW Web Automation LLC. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
These Terms govern your purchase of subscriptions, membership, additional services or any other products through the Platform. Unless stated otherwise in these Terms, all sales are final: there are no refunds, and all unauthorized transfers or exchanges are prohibited.
The prices for subscription fees, claim uploads, feature add-ons, and all other services, as well as any discounts and promotions, will be as marked either on our website or on the Platform directly.
Our billing cycle is each calendar month. All fees and purchases made by you, your Primary User or your Authorized Users, on the Platform during a billing cycle will appear on an invoice statement that will be sent to you via email on the completion of the billing cycle. Payment will be due 30 days following the end of the billing cycle. The current invoice will also be available to the Primary User on the Platform. If you do not receive an invoice by the 5th day of following month, you must contact us at support@kmwweb.com and request a new copy of the invoice.
Acceptable methods of payment will include a check or money order made payable to "MKW Web Automation LLC". Our mailing address is KMW Web Automation LLC, PO Box 5173, Playa Del Rey, CA 90296. Please do not send cash in the mail. We do not accept payment by credit card at this time.
You will not hold us liable if you do not comply with laws related to your transactions. We may provide law enforcement with information you provide to us related to your transactions to assist in any investigation or prosecution of you.
The Primary User has the right to cancel your service at anytime by notifying us at support@kmwweb.com. Upon cancellation, all our your user accounts will be suspended, any data that was downloaded from the SCRP Portal will be removed from the Platform within 15 days, and a final invoice will be generated.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Platform for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER KMW WEB AUTOMATION LLC NOR ANY PERSON ASSOCIATED WITH KMW WEB AUTOMATION LLC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER KMW WEB AUTOMATION LLC NOR ANYONE ASSOCIATED WITH KMW WEB AUTOMATION LLC REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, KMW WEB AUTOMATION LLC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL KMW WEB AUTOMATION LLC, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE Platform, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES AND ONLINE PLATFORMS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
You agree to defend, indemnify, and hold harmless KMW Web Automation LLC, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Platform, including, but not limited to, any use of the Platform's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Platform.
Unless stated otherwise in these Terms, all matters relating to the Platform and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of Los Angeles and County of Los Angeles. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
YOU AND KMW WEB AUTOMATION LLC EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY DISPUTE, CLAIM, OR CONTROVERSY RELATING IN ANY WAY TO THE TERMS, YOUR USE OF THE PLATFORM, OR PRODUCTS OR SERVICES SOLD, DISTRIBUTED, ISSUED, OR SERVICED BY OR THROUGH US—IRRESPECTIVE OF WHEN THAT DISPUTE, CLAIM, OR CONTROVERSY AROSE—WILL BE RESOLVED SOLELY BY BINDING, INDIVIDUAL ARBITRATION AS SET FORTH IN THE TERMS, RATHER THAN IN COURT. YOU AND KMW WEB AUTOMATION LLC THEREBY EACH AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL, AND AGREE THAT YOU AND KMW WEB AUTOMATION LLC MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Exceptions. The arbitration agreement and class action waiver set forth in this Section 18 shall be subject to these limited exceptions:
Governing Law; Interpretation and Enforcement. The arbitration agreement in the Terms is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) (“FAA”), including its procedural provisions, in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver. State arbitration laws do not govern in any respect. Further, you and KMW Web Automation LLC each agree that the Terms evidence a transaction involving interstate commerce, and will be governed by and construed in accordance with federal law to the fullest extent possible.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
In order to avoid irreparable injury to KMW Web Automation LLC, in the event of any breach or threatened breach by You of these Terms, KMW Web Automation LLC shall be entitled to an injunction and/or other equitable relief restraining such breach. Nothing in these Terms shall be construed as prohibiting KMW Web Automation LLC from pursuing any other remedies available to us for such breach or threatened breach, including the recovery of monetary damages from you. You understand and agree that in KMW Web Automation LLC's sole discretion, and without prior notice, we may terminate and block your access to the Platform or to its services.
KMW Web Automation LLC shall not be in default or otherwise liable under these Terms due to its inability to perform its obligations by reason of any fire, earthquake, flood, substantial snowstorm, epidemic, pandemic, accident, explosion, casualty, strike, lockout, labor controversy, riot, civil disturbance, act of public enemy, terrorism, cyber-terrorism, embargo, war, act of God, natural disaster, or any municipal, county, state or national ordinance or law, or any executive, administrative or judicial order (which order is not the result of any act or omission which would constitute a default by KMW Web Automation LLC hereunder), or any failure or delay of any transportation, power, or communications system or any other or similar cause not under KMW Web Automation LLC's control (“Force Majeure”).
No waiver by KMW Web Automation LLC of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of KMW Web Automation LLC to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
The Terms constitute the sole and entire agreement between you and KMW Web Automation LLC regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.
This Platform is operated by KMW Web Automation LLC, PO Box 5173, Playa Del Rey, CA 90296.
All feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to: support@kmwweb.com.