Terms & Conditions

General Terms and Conditions

Welcome to CommTRACKS.com! The following terms and conditions (the "Terms and Conditions") cover the website, CommTRACKS.com ("Site"), which is owned and operated by The Commpliance Group, Inc. ("TCG"), and any associated content including email, user submissions, automatic notifications, online consultative services, and stored account information (collectively "the Site" or "CommTRACK$"). As used herein, "you" or "User" means any user or visitor of the Site who is deemed to have read, understood, and agreed to these Terms and Conditions, and "we" or "us" refers to TCG.

YOU ACKNOWLEDGE THAT BY USING THE SITE YOU AGREE TO AND ACCEPT THE TERMS AND CONDITIONS AND ACKNOWLEDGE THAT YOU ARE AT LEAST 18 YEARS OF AGE AND ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.

Please read these Terms and Conditions carefully before using or proceeding to access the Site. If you do not agree with any of the terms and conditions listed here, discontinue use of the Site immediately. Failure to discontinue use of the Site will manifest agreement to these Terms and Conditions. If you have any questions about these Terms and Conditions, please contact us.

Description of Site

CommTRACK$ is designed to assist companies secure a license and remain in compliance with ongoing regulatory filing obligations imposed by federal regulatory agencies ("regulatory agencies"), specifically the Federal Communications Commission ("FCC"). The Site assists with the preparation of licensing applications and certain regulatory filings ("regulatory documents") required by regulatory agencies. CommTRACK$ uses information provided by you to complete the information required on the applicable licensing application and regulatory forms.

The Site may include publicly available information on commonly encountered regulatory issues. This information is intended to provide a general overview of telecommunications regulations and is to be used solely for informational purposes in your preparation of regulatory documents. TCG, via CommTRACK$, does not provide legal advice. Users who have questions about information available on the Site, and how it applies to a specific telecommunication service offering, should consult a lawyer before completing a regulatory filing.

Not a Substitute for Legal Advice

The information contained on this Site is not legal advice and is not guaranteed to be correct, complete or up-to-date. CommTRACK$ is merely a guide to help you navigate through regulations applicable to the telecommunications services industry and prepare regulatory documents required by the FCC. TCG is not a law firm and neither TCG nor any of its employees provide legal or professional services or advice and should not be relied upon as such. Information provided via CommTRACK$ should not serve as a substitute for legal advice from an attorney familiar with the facts and circumstances of your specific situation. No confidential attorney-client relationship is formed through the use of this Site.

Services offered through the Site may not be appropriate for all companies. Therefore, if you need legal advice for a specific issue, please consult an attorney.

CommTRACK$ uses reasonable efforts to keep information contained on the Site as accurate and current as possible. However, because laws, regulations and policies can change rapidly, we cannot guarantee that all information on the Site is completely current. The law varies from jurisdiction to jurisdiction and may be subject to interpretation by different courts or regulatory agencies. You should independently verify the laws applicable to your company and service offerings before choosing to secure a license or subscribing to compliance services. If you are unsure of the laws and regulations applicable to you company, you should consult an attorney.

Lawful Use of the Site

Your access to and use of the Site is subject to all applicable international, federal, state and local laws and regulations. You acknowledge that unauthorized use of the Site may violate telecommunications, copyright, trademark, privacy, publicity, and other applicable laws, and that TCG will be held harmless for any unauthorized use of this Site.

Security and Reliance on Passwords

When you open an account to use or access certain portions of the Site, you must provide complete and accurate information as requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use a third party's account, user name, or password at any time. You agree to notify TCG immediately of any unauthorized use of your account, user name, or password. TCG shall not be liable for any losses you incur as a result of someone else's use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by TCG, our affiliates, officers, directors, employees, consultants, agents and representatives, due to someone else's use of your account or password.

TCG may act in reliance upon any instruction, information, document, filing, name, email address or user password that meets this Site's automated criteria or which is reasonably believed by TCG to be genuine. For any password-protected areas, TCG may assume a person entering a username and associated password is, in fact, that user or is authorized by that user to act on its behalf. TCG may assume the latest email addresses and registration information on file with TCG are accurate and current. User bears the sole responsibility to ensure that all user data and information on file with TCG is accurate and current and is responsible for updating or providing changes to such information.

Submission of Information

By submitting information through the Site and agreeing to the Terms and Conditions of the Site, you agree that all information contained in regulatory documents prepared via CommTRACK$ is truthful and accurate at the time of submission. Unless specified with regards to a specific service offering, TCG staff does not review, approve, proofread, or verify the information submitted through the Site for legal sufficiency.

In connection with the use of certain CommTRACK$ products or services, you may be asked to provide personal information in a questionnaire, application, form, or similar document or service. By using the Site, you grant TCG a worldwide, royalty-free, nonexclusive, and fully sub-licensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enabling your use of the applicable service (e.g., regulatory licensing and compliance services). You may revoke this license and terminate TCG's rights at any time by removing your personal information from the applicable service.

Electronic Signatures and Contracts

Your use of the Site includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY, AND TO PAY FOR, SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.

On occasion, CommTRACK$ will be required to enter your name on web-based filing applications as an electronic signature. You, as the preparer of the form, agree that this electronic signature is as valid as a non-electronic signature and that all information submitted on your behalf is truthful and correct to the best of your knowledge. TCG staff may also contact you, or use information from its internal records, to complete ancillary forms necessary to submit a form to a governmental agency (including, but not limited to, securing a registered agent).

Use of Legal Forms

On our Site, TCG offers for sale self-help "fill in the blank" forms, manuals, and related regulatory information. You understand that your purchase and use of this material is neither legal advice nor the practice of law, and that each form and any applicable instructions or guidance is not customized to your particular needs.

Third Party Links

The Sites may provide links or references to other sites. We make no representations, warranties or assurances as to any information in such sites, have no responsibility for their content and shall not be liable for any damages or injury arising from that content. We disclaim any opinions expressed on such sites. Any links to other sites are provided merely for your convenience and the inclusion of such links does not imply that we have reviewed them or that we endorse the content of such sites. Please be aware that when you exit our Site, you are subject to the policies of the new site.

License/Resale of Material Prohibited

Except as expressly provided otherwise herein, we grant you a personal, limited, revocable, non-transferable and non-exclusive license to display on your computer, print, download and use all information, material and content, including any text, photographs, illustrations, audio, video, illustrations, software programs and other such content that is made available to you on or through the Site ("Content"), solely for your own personal, informational, non-commercial use, provided that: (i) you do not (and do not allow any third party to) modify or create a derivative work of any such Content; and (ii) you include with and display on each copy of such Content the associated copyright notice. No other use is permitted. Without limiting the generality of the foregoing, you may not: (i) include such Content in or with any product or service that you create or distribute; (ii) include such Content on another Internet Web site; (iii) modify, copy, distribute transmit, display, publish, sell, license, or exploit for any commercial purposes any portion of the Site, use of the Site, or access to the Site; or (iv) establish hyperlinks to any page other than the home page of the Site or create any frame containing any portion of the Site, on any other Web site or text document with hyperlink capabilities. Further, you may not direct any other person to do any of the foregoing. You agree not to access the Site by any means other than through a commercially available Web browser.

We grant you a personal, limited, revocable, nontransferable and nonexclusive right to create a hyperlink to the home pages of the Site so long as (i) the link or your linking Web site does not portray us or any of our products or services in a false, misleading, derogatory, or otherwise offensive matter; (ii) your linking Web site complies with all applicable law and does not otherwise violate these Terms and Conditions or the rights of others; and (iii) your Web site has, maintains and follows a privacy policy no less protective of user data than the privacy policy of the applicable Site. You may not use any of our logos or other proprietary graphic or trademarks as part of the link without our express written permission. We may revoke this license at any time, with or without cause, in which case you agree to immediately remove such hyperlink.

By subscribing or using CommTRACK$, you agree that any forms, manuals, handbooks, guides, or similar material downloaded from the Site may only be used by an authorized user for personal or business use and may not be sold or redistributed without the express written consent of TCG.

Intellectual Property Rights

The trademarks, logos and service marks ("Marks") displayed on the Site are the property of TCG and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to, use as metatags on other pages or Sites on the World Wide Web without the written permission of TCG or such third party which may own the Marks.

All Content, is protected by copyright and is the property of TCG and other parties. Users may only use the Site and Content to the extent permitted under these Terms and Conditions and are prohibited from modifying, creating derivative works of, copying, distributing, transmitting, displaying, publishing, selling or licensing any Content available on or through the Site for commercial, public or any other purposes. This includes all publicly available information to the extent protected by copyright or trademark law.

System Security

Although we cannot make an absolute guarantee of system security, TCG takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact technical support immediately by calling 1-877-432-2397.

All users of this Site agree to abide by the following rules of conduct in addition to other requirements set forth herein:

  1. You must be 18 years of age or older to register with or use the Site.
  2. Only those who have registered as members or registered users may access the registration-required portions of the Site.
  3. You agree to protect your account by establishing and securing a password. If you have reason to believe your password has been compromised or there has been any unauthorized use of your account, you agree to notify us immediately. TCG will not be responsible for any losses that you incur as a result of someone elses use of your account or password, either with or without your knowledge.
  4. You agree not to copy, modify, distribute, download, display, post, publish, license, create derivative works of or otherwise transmit information contained on the Site except (i) to and through the Site to regulatory agencies to the extent expressly permitted hereunder, and (ii) to other member of a company lawfully entitled to access such information.
  5. You agree not to use the Site to solicit or advertise any commercial product or activity.
  6. You agree not to upload, store, process, post, transmit, distribute, publish or otherwise submit to or through the Site any information which:
    1. Restricts or inhibits any other user from using the Site or contains a virus or other harmful component.
    2. Violates any local, state, Federal or International laws or gives rise to civil liability.
    3. Violates or infringes any rights of third parties (including, but not limited to, copyright, trademark, rights of privacy or publicity, such as defamation or any other proprietary right).
    4. Violates these Terms and Conditions or is not otherwise appropriate or pertinent to the purpose of the Site.
    5. Imposes an unreasonable or disproportionately large load on the Site or otherwise interferes with the Site.
  7. You agree not to use any Marks of TCG, affiliates, agencies or any third party for any purpose including, without limitation, to use as metatags on the Site or on other pages or sites on the World Wide Web without the written permission of TCG, and, if applicable, the third party that owns the Marks.
  8. You agree not to use the Site for any unlawful purpose or activity including, without limitation:
    1. Chain letters, junk mail, spamming or similar activities.
    2. "Spoofing" (i.e., using any means to disguise your online identity or alter original attribute information when sending e-mails or posting messages to the Site or impersonating TCG, another User or the Site Moderator).
    3. Using or possessing programs to "crack" passwords or other Internet security tools.
    4. Attempting to circumvent established Internet security measures.
    5. Posting or transmitting any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation.

Violations of Terms and Conditions

You are solely responsible for the accuracy and currentness of all submissions and regulatory documents (including the content and other information contained therein) you transmit to or prepare using the Site. Should your conduct fail to conform with these Terms and Conditions, we reserve the right to reject or remove any material that does not (in our sole judgment) comply with these Terms and Conditions, revoke access and use privileges and/or ban you from accessing the Site at our sole discretion.

Payment Methods

CommTRACK$ accepts PayPal and most major credit cards as the sole forms of payment. TCG may obtain a pre-approval from the credit card company for an amount up to the amount of the order. Billing to your credit card account occurs at the time of purchase (as applicable) or shortly thereafter. You are responsible for all credit card transaction and processing fees. Please ensure all data is correct, as transactions may be declined for failure to provide all necessary credit card verification data.

Sales Tax

Transactions may include sales tax based on the bill-to address and the sales tax rate in effect at the time your transaction is completed. We will only charge tax in states where digital goods are taxable. No customers are eligible for tax exemptions for transactions made through the Site.

All Sales are Final

All sales are final. Payment for the services offered through the Site is made upon submission of your credit card information and payment authorization, and TCG will not refund amounts paid once such credit card information is submitted and User approves payment. To the extent a User seeks a refund of government-mandated licensing fees and other government-mandated fees which have already been submitted to the applicable government agency by TCG on a Users behalf, the User must contact that agency directly. For subscription-based compliance services, you may terminate a subscription account prospectively by non-renewal of a compliance subscription. There will be no retroactive or prorated refunds for subscription-based services, except as provided for herein. For regulatory resource material and all other services offered via CommTRACK$, all sales are final once CommTRACK$ receives payment for services.

Termination

TCG reserves the right to refuse service to anyone and to cancel user access at any time. You agree that your participation in the Site is voluntary, personal and non-transferable. TCG shall not be liable to you or any third party for termination of the Site. Any fees paid pursuant to these Terms and Conditions prior to such termination shall be non-refundable, except government-mandated license filing fees may be refunded, as provided above. Any provision of these Terms and Conditions that by their nature and understanding survive termination of these Terms and Conditions shall survive.

Limitation of Liability

LIMITATION OF LIABILITY FOR USE OF THE SITE AND LINKED SITES. The information, software, products, and descriptions of services published on the Site or a linked site may include inaccuracies or typographical errors, and TCG specifically disclaims any liability for such inaccuracies or errors. TCG does not warrant or represent that the content on the Site is complete or up-to-date. TCG is under no obligation to update any content on the Site. TCG may change the content on the Site at any time without notice. TCG may make improvements or changes to the Site at any time.

You agree that TCG, its affiliates and agencies and any of their respective officers, directors, employees, consultants, or agents will not be liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, incidental or indirect damages (including, without limitation, lost profits, cost of procuring substitute service or lost opportunity) arising out of, or in connection with, the use of the Site or a linked site, or with the delay or inability to use the Site or a linked site, even if TCG is made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user's equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your Internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. TCG cannot and does not guarantee continuous, uninterrupted or secure access to the Site.

NO WARRANTIES. All content, products and third-party services on the Site, or obtained from a linked site, are provided to you "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. Neither TCG nor its affiliates endorse or are responsible for (a) the accuracy or reliability of any opinion, advice or statement made through the Site, (b) any content provided on the Site and any linked sites and/or (c) the capabilities or reliability of any product or service obtained from the Site or a linked site.

Other than as required under applicable consumer protection law, under no circumstance will TCG, its affiliates or agencies be liable for any loss or damage caused by your reliance on information obtained through the Site or a linked site, or your reliance on any product or service obtained from the Site or a linked site. It is your responsibility to evaluate the accuracy, completeness or usefulness of the information or any other content available through the Site or obtained from a linked site. Please seek the advice of an attorney, as appropriate, regarding the evaluation of the information or any other content on the Site.

LIMITATION OF LIABILITY FOR GOODS AND SERVICES ARRANGED THROUGH THE SITE. Any and all claims regarding any failure or breach with respect to goods and services offered through the Site are limited to claims against any and all such providers of goods and services. TCG, its parent company, affiliates and agencies hereby disclaim any liability, whether based on contract, tort, strict liability or otherwise, including without limitation liability for any direct, punitive, special, consequential, incidental or indirect damages, in connection with the goods or services provided by any carrier or other supplier through the Site, including, without limitation, liability for any act, error, omission, injury, loss, accident, delay or irregularity which may be incurred through the fault, negligent or otherwise, of such carrier or supplier and you hereby exonerate TCG, its parent company, affiliates and agencies from any liability with respect to the same.

INDEMNIFICATION. You agree to indemnify and hold TCG, its agencies, subsidiaries, affiliates, directors, officers, consultants and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to, or arising out of, your use of the Site, the violation of these Terms and Conditions by you, or the infringement by you, or other user of the Site using your computer and/or password, of any intellectual property or other right of any person or entity.

Governing Law

The Terms and Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, excluding its conflict of law provisions. You and TCG agree to submit to the exclusive jurisdiction of the courts of Virginia. If any provision(s) of the Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. You acknowledge and agree that you will not seek to litigate any claims against TCG or affiliates on a class action or representative party-basis and that you shall pursue such claims solely on an individual basis. You and TCG agree that any cause of action arising out of, or related to, the Site must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the Terms and Conditions are solely used for the convenience of the parties and have no legal or contractual significance.

Modifications to Site Terms and Conditions

Content and information contained on the Site may change from time to time. We reserve the right to modify or discontinue the Site or products and services offered through the Site with or without notice to you. TCG will notify any subscriber that has a registration or license pending or a subscription to compliance services if a service is discontinued; however, TCG shall not be liable to you or any third party should we exercise this right to modify or discontinue services offered through the Site. If TCG modifies or discontinues services offered through the Site, TCG will refund payment for any unfiled applications or incomplete services; however, TCG will not be responsible for completing applications or continuing ongoing compliance services once notice of termination or discontinuance has been issued.

Force Majeure

TCG shall not be liable for any failure or delay in performing an obligation or service under these Terms and Conditions that is due to causes beyond its reasonable control, such as natural catastrophes (generally all and specifically hurricanes), governmental acts or omission, laws or regulations, labor strikes or difficulties, computer viruses, war, domestic or international acts of terrorism, transportation stoppages or slowdowns or the inability to procure content, information, service, carriers, product, software, or demonstrations that flow from Force Majeure events. If any of these causes continue to prevent or delay performance for more than 180 days, you may terminate these Terms and Conditions or any subscriptions purchased hereunder, effective immediately, upon notice to TCG.

Export Control Laws

The export and re-export of Services, ASP Applications, and Materials of this Site are controlled by the export laws and regulations of the United States, as they may be amended from time to time. Accordingly, by virtue of our engagement you certify that you are aware of, and will comply with, all applicable export rules and regulations, including the responsibility to obtain a license for the export or re-export of the Services, ASP Applications, and Materials to any destination requiring such a license. In addition, the Services, ASP Applications, and Materials may not be exported or re-exported to Cuba, Iran, Iraq, Libya, Sudan, the Taliban-controlled regions of Afghanistan or to any other country to which the United States prohibits the export of goods, technology or services, or to nationals of those countries, wherever located. Moreover, neither the Software nor Materials may be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals maintained by the U.S. government. By downloading or accessing Software, ASP Applications and/or Materials you are certifying that you are not a national of one of the above-listed countries or of any other country to which the United States embargoes goods, services or technology and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

Additional Terms

Some CommTRACK$ services may be subject to additional posted guidelines, rules or terms of service ("Additional Terms") and your use of such services will be conditioned on your agreement to the Additional Terms. If there is any conflict between these Terms and Conditions and the Additional Terms, the Additional Terms will control for that service, unless the Additional Terms expressly state that these Terms and Conditions will control. Any reference to "Terms and Conditions" shall incorporate by reference the Additional Terms, as applicable.

Miscellaneous

Entire Agreement. These Terms and Conditions, along with any Additional Terms, is the entire and exclusive agreement between the parties, and it supersedes all previous communications, representations or agreements, either oral or written, between them with respect to this subject matter. No representations or statements of any kind made by us, which are not included in these Terms and Conditions and Additional Terms, shall be binding on us.

Amendments. You may not modify or amend these Terms and Conditions in whole or in part without the prior written consent of TCG. We may replace or amend these Terms and Conditions from time to time by posting new terms of service on the Site. Please check the terms of service periodically for changes. Your subsequent use of the Site, or any content, products, services or materials provided through the Site, will be subject in all respects to the terms of service in force at the time of such subsequent use. Your continued use of the Site constitutes an affirmative: (1) acknowledgment by you of the Terms and Conditions and any modifications thereof and (2) your agreement to abide and be bound by the Terms and Conditions as modified.

Severability. If any provision of these Terms and Conditions and/or Additional Terms is determined to be illegal or unenforceable, such provision shall be automatically reformed and construed so as to be valid, operative and enforceable to the maximum extent permitted by law or equity while preserving its original intent. The invalidity of any part of these Terms and Conditions or Additional Terms shall not render invalid the remainder of the Terms and Conditions or Additional Terms.

Successors. This Agreement shall inure to our benefit. We may assign our rights and duties under this Agreement to any party at any time without notice to you.

FCC Licensing

Description of FCC Licensing Service

The FCC Licensing Services available at CommTRACK$ is a document preparation service which assists companies in the procurement of streamlined Section 214 licenses and Form 499-A initial registration from the FCC and the Universal Service Administrative Corporation ("USAC"), the administrator of the federal Universal Service Fund ("USF"), respectively.

  • 214 LICENSING. CommTRACK$s Section 214 licensing services are limited to the completion and submission of the license application through the FCCs electronic filing system, the International Bureau Filing System ("IBFS"). TCG, via CommTRACK$, shall notify users once a Section 214 license application is placed on the FCCs streamlined public notice system. Likewise, TCG does not provide assistance in the event of additional inquiry by the FCC or other government agency once a submission is made. In such cases, we recommend Users seek the advice of an attorney.
  • 499 REGISTRATION. CommTRACK$s 499 registration services enable Users to complete the FCC Form 499-A initial registration form, but Users remains solely responsible for the actual submission of that form with USAC.

Once a Section 214 license is granted by the FCC and/or a Form 499-A registration is accepted by USAC (as evidenced by the issuance of a Filer ID number), Users will become subjected to ongoing regulatory compliance obligations. The FCC Licensing Services provided through this Site do not provide assistance with such "post-licensing" compliance obligations, and we recommend Users subscribe to CommTRACK$s subscription-based FCC Compliance Services to assist with such requirements.

To the extent the FCC or another government entity removes a license application filed through this Site from the streamlined process or for any other reason rejects a Section 214 application or Form 499-A registration, TCG shall have no further obligation to the User, and the User should seek the assistance of an attorney. Similarly, this Site cannot be used to request a transfer or discontinuance of an existing Section 214 license. If a User requires such services, we recommend seeking the assistance of an attorney.

The Site provides general, publicly available information to Users to assist in the completion of license applications and registration forms. In completing both the Section 214 license application and the Form 499-A registration, Users will be asked certain information regarding the nature and classification of their services. TCG cannot and will not provide advice or assistance in determining the appropriate classification of Users services. Further, TCG shall make no determination about the validity or necessity of securing a Section 214 license or Form 499-A registration. If a User cannot determine the appropriate classification of its services or if a User cannot determine whether a Section 214 license or Form 499-A registration is required, it should consult an attorney. TCG, through CommTRACK$, offers a "Wizard" service to assist Users to generally identify the classification of their services based on common, unambiguous and defined factors. The "Wizard" service is provided for informational purposes only and does not constitute a legal opinion. Users are solely responsible for determining the appropriate classification of their services for any applicable regulatory purpose. In addition, TCG bears no responsibility for a Users past non-compliance with FCC licensing or registration requirements. If a User has concerns regarding its exposure for past non-compliance or the consequences or licensure and/or registration, we recommend seeking the advice of an attorney.

Submission of Information

In order to secure a regulatory license, you must enter, upload, or otherwise provide CommTRACK$ with information about your company and the types of telecommunications services you provide ("User information"). All User information provided by you (either directly or through other parties) shall remain the sole property of you or such third parties, as applicable, unless you are notified specifically in advance. You, not TCG, have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of your User information, and TCG shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any such information.

You acknowledge that all information provided to a government agency must be truthful and may be subject to the penalty of perjury, and that you, and all acting officers of your company, acknowledge that you understand the need to submit truthful and accurate information to the government, and that CommTRACK$ cannot verify the truthfulness and accuracy of information supplied in a license application or registration.

You agree to maintain and update your User information with all government regulatory agencies as required by law to keep it accurate, current, and complete. After a license is submitted, TCG will not automatically provide a government agency with updated User information. Updating registration information via the Site will not update a government license after final submission. Once a Section 214 application is submitted, applicants are required is to keep the FCC updated as to any substantial changes in ownership, transfers of control, or other changes in the regulatory status of the license. Any such changes must be promptly reported to the FCC. User bears sole responsibility for undertaking such notifications. If you have questions, please contact CommTRACK$ or seek counsel from an attorney.

Authority to Obtain Licensing

You represent that you have the legal authority to obtain a regulatory license. If you do not have such authority or if you do not agree with these Terms and Conditions, you may not use the licensing service. If, after your purchase, we determine that you do not have authority to bind the entity on whose behalf you requested licensing services, you will be held personally responsible for the obligations contained in the Terms and Conditions and Additional Terms, including, without limitation, the payment obligations set forth herein.

TCG reserves the right to refuse submission of a license, and TCG shall notify the User in such event. TCG shall not be liable for any loss or damage resulting from our reliance on any instruction, notice, document or communication, reasonably believed by us to be genuine and originating from an authorized representative of a User. If there is reasonable doubt about the authenticity of any such instruction, notice, document, or communication, we may, but are not obliged to, require additional authentication from you.

Payment

All payments made are final. Payment for the services offered through the Site is made upon submission of your credit card information and payment authorization, and TCG will not refund amounts paid once such credit card information is submitted and payment is authorized. Upon final review and approval of Section 214 license application drafts, Users will be required to remit government-mandated licensing fees via credit card payment to TCG. TCG will them submit the Section 214 application and the government-mandated license fee on the Users behalf. To the extent a User seeks a refund of government-mandated licensing fees submitted by TCG on behalf of the User, the User must contact that agency directly.

You agree to pay for all licensing services you purchase through CommTRACK$, and that TCG may charge your credit card for any product or services purchased by you, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by, or in connection with, your account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING TCG WITH A VALID CREDIT CARD OR PAYPAL ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card you designate during the registration process. If you want to designate a different credit card or if there is a change in your credit card information, you must change your credit card information in your account settings.

Prices

Your total price will include the price of licensing services, any required governmental filing fees, applicable sales tax (in effect on the day of payment) and processing and transaction fees. TCG reserves the right to change prices for services and products offered at any time, and does not provide price protection or refunds in the event of a price drop or promotional offering while a license is pending or after it has been submitted.

Termination

Users may cancel a licensing service at any time. However, as indicated above, all sales are final. All cancellations shall be subject to the payment policies described herein. To the extent a User wishes to withdraw a Section 214 license application and/or Form 499-A registration, User must contact the FCC directly and/or seek the advice of an attorney.

TCG reserves the right to withhold, remove and/or discard your information without notice for any breach of the Terms and Conditions and/or Additional Terms. In addition, if you fail, or TCG suspects that you have failed, to comply with any of the provisions of these Terms and Conditions and/or Additional Terms, including, but not limited to, failure to make payment of fees due, failure to provide TCG with a valid credit card or with accurate and complete User information, failure to safeguard your account information, or infringement or other violation of third parties' rights, TCG, at its sole discretion, without notice to you, may terminate your account and preclude access to the Site.

In addition, you agree that in the event you fail to submit an application or registration within twelve (12) months of opening a licensing account. TCG, at its sole discretion, may terminate your dormant licensing accounts.

Upon termination, your right to access or use the Site, and your information as contained therein, immediately ceases and TCG shall have no obligation to maintain or forward any of your information. Upon termination, you will remain liable for all amounts due under your account up to and including the date of termination.

No Guarantee

TCG does not guarantee that license applications will be granted or that and Form 499-A registrations will be accepted, and TCG shall bear no liability in the event a license application or Form 499-A registration is rejected.

FCC Compliance Services

Description of FCC Compliance Services

FCC Compliance services offered through CommTRACK$ are subscription-based ("Subscription Plan"). Under a Subscription Plan, you are provided with a list of common telecommunications-related regulatory filings imposed by the FCC and information, including samples of regulatory forms and filings, to assist with regulatory compliance. In addition, you will be provided access to the CommTRACK$ Site in order to assist you with the data population and completion of certain telecommunications-related forms and reports required by the FCC. You will also receive email alerts about filing dates and important regulatory information.

With regard to data population of certain regulatory reports, the Site enables the User to complete such forms/reports, but the User remains solely responsible for the submission of that form/report. To the extent the FCC or other entity rejects the submission of a form/report or has questions regarding a form/report that was prepared using this Site, TCG shall have no further obligation to the User, and the User should seek the assistance of an attorney.

The Site provides general, publicly available information to Users to assist providers comply with their telecommunications-related FCC regulatory obligations. Report selection and information provided with the forms/reports is based on publicly available information and generalized to certain types of service providers. Compliance services are not a fit for every company, and may not be accurate in all situations. To the extent a User has questions regarding regulatory compliance, we recommend seeking the advice of an attorney.

In completing populating certain regulatory forms/reports, Users will be asked certain information regarding the nature and classification of their services. TCG cannot and will not provide advice or assistance in determining the appropriate classification of Users services. Further, TCG shall make no determination about the applicability of regulatory reporting requirements to a Users service. If a User cannot determine the appropriate classification of its services or if a User cannot determine whether certain regulatory reporting obligations apply, it should consult an attorney. In addition, TCG bears no responsibility for a Users past non-compliance with FCC regulatory requirements. If a User has concerns regarding its exposure for past non-compliance or the consequences of such non-compliance, we recommend seeking the advice of an attorney.

Submission of Information

For select regulatory forms/reports you may submit information through the Site to pre-populate regulatory forms/reports with your companys information. All information submitted via the Site will be used to prepare regulatory documents, including reports, certifications and other FCC-mandated filings.

In order to pre-populate the applicable regulatory forms/reports, you must enter, upload, or otherwise provide CommTRACK$ with information about your company and the types of services you provide ("User information"). All User information provided by you (either directly or through other parties) shall remain the sole property of you or such third parties, as applicable, unless you are notified specifically in advance. You, not TCG, have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of your User information, and TCG shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any such information.

You acknowledge that all information provided to a government agency must be truthful and may be subject to the penalty of perjury, and that you, and all acting officers of your company, acknowledge that you understand the need to submit truthful and accurate information to the government, and that CommTRACK$ cannot verify the truthfulness and accuracy of User information.

You agree to maintain and update your User information with all government regulatory agencies as required by law to keep it accurate, current, and complete. After a report/form is populated, TCG will not automatically provide a government agency with updated User information. Updating User information via the Site will not automatically update a form or report. In some instances, the Site will enable users to revise previously prepared forms, but Users bear sole responsibility for undertaking such revisions.

CommTRACK$ does not proofread or review your information for correctness, completeness, or accuracy. CommTRACK$ also does not review your answers for legal sufficiency, draw legal conclusions, provide legal advice or apply the law to the facts of your particular situation. You are solely responsible for the accuracy and completeness of the information you provide to government agencies and are advised to seek advice from an attorney if you have questions of a legal nature prior to filing government documents prepared using CommTRACK$.

Term and Termination

The Subscription Plan has an initial term of one year ("Initial Term"), with automatic one year renewals ("Renewal Term"). During the first three months of the Initial Term, a User may cancel their Subscription Plan without notice and obtain a refund (the "Trial Period). Subsequent to the Trial Period, no refunds, rebates or credits will be issued. Further, subsequent to the Trial Period, Users are not permitted to cancel their Subscription Plan prior to the conclusion of the Initial Term or any Renewal Term, as the case may be. To cancel the automatic renewal of a Subscription Plan, you must notify TCG of your intent to cancel automatic renewal at least thirty (30) days before the end of the Initial Term or Renewal Term, as the case may be, by providing notification through the Site or by calling customer service. TCG agrees that when it receives notice of this cancellation of automatic renewal under the conditions stated above, no further charges will be billed to your credit card automatically. Note that cancelling automatic renewal for a Subscription Plan will not terminate your then active term, and such term will only terminate upon expiration.

If you have opted for automatic renewal of your Subscription Plan, we will send a reminder email to the email address of record for your account approximately one month in advance of the end of your Initial Term or any Renewal Term, as the case may be.. You acknowledge and agree that this notice is provided as a courtesy only, and we are not obligated or required to provide such notice. You acknowledge and agree that your failure to read or inability to receive the email does not create any liability on the part of TCG or any third-party service provider.

Payment and Billing

All payments made are final. By purchasing the Subscription Plan, you agree to be billed on a monthly basis during the Initial Term and any Renewal Terms thereof. The first payment will be charge upon subscription to the service and subsequent payments will be charged each month thereafter during the Initial Term and any renewal thereof. TCG will not refund, credit, or prorate any amounts owed during the Initial Term or any Renewal Terms, with the exception of terminations notices given by Users during the Trial Period, as specified herein.

You will be charged in accordance with the billing terms in effect at the time the fee or charge becomes payable. During the Initial Term and any Renewal Terms, you will be charged on a monthly basis regardless of whether you whether you use the Subscription Plan or access the Site, and you shall remain responsible for all monthly payments until you cancel your Subscription Plan or it is otherwise terminated as provided herein.

Your right to use a Subscription Plan is subject to any limits established by TCG or by your credit card issuer. If payment cannot be charged to your credit card or your charge is returned for any reason, including charge back, TCG reserves the right, in its sole and absolute discretion, to suspend or terminate your access and account, thereby terminating the Subscription Plan and all obligations of TCG hereunder.

The subscription fee covers the following: (1) access to the Site, (2) use of the CommTRACK$ system to assist in the population, preparation and do-it-yourself completion of select FCC regulatory filings, (3) regulatory deadline alert notification and reminder service via e-mail, and (4) related regulatory compliance reminders. Transactions may include sales tax based on the bill-to address and the sales tax rate in effect at the time your transaction is completed. We will only charge tax in states where digital goods are taxable. No customers are eligible for tax exemptions for transactions made through the Site. In addition, certain transaction processing fees may apply.

TCG may increase its fees for any Subscription Plan effective the first day of a renewal term by giving you notice of the new fees at least thirty (30) days before the beginning of the renewal term. If you have and do not cancel automatic renewal or terminate your subscription, you shall be deemed to have accepted the new fee for that renewal term and any subsequent renewal terms (unless the fees are increased in the same manner for a subsequent renewal term). Reductions in fees become effective on the next renewal term without any pro rata for the period covered under the prior fee schedule.

Subscription Plans do not cover access to ancillary materials on the Site, including, but not limited to, licensing, downloadable resource material, Ask an Expert and any consultative and informational services offered through the Site. Additional charges may apply for these services. Charges for ancillary services will be billed separately and will be in addition to the monthly subscription fee.

Changes to Subscription Plan

TCG may change, modify, add, remove, suspend, cancel or discontinue any aspect of a Subscription Plan or the Site, including the functionality, content and/or availability of any features of such Subscription Plan or the Site at any time in TCG's sole discretion. We may also impose limits on certain features and services or restrict your access to all or part of the Site or your Subscription Plan without notice or liability at any time.

Services after Termination

After termination of your Subscription Plan, either by you or by TCG, you will not be able to access the Subscription Plan offerings through your canceled account. After termination and the end of the then-applicable Initial or Renewal Term, you agree that TCG is under no obligation to provide you access to the Site or any compliance information stored in on the Site. Once account access is terminated, you, not TCG, have the sole obligation to maintain regulatory compliance with government entities. In the event these Terms and Conditions are terminated, TCG will make available any stored customer data related to regulatory compliance within thirty (30) days of termination, if you so requested. You agree and acknowledge that TCG has no obligation to retain your customer data and may delete such customer data if not requested within 30 days of termination.

No Guarantee

TCG makes no guarantee that all necessary alerts, reminders, filings, requirements, or regulations are incorporated, included or referenced in compliance services or provided by email, or that the information provided by CommTRACK$ is accurate, reliable, complete, or timely. Furthermore, laws, regulations, and administrative requirements often change, and their application and impact vary from company to company and industry to industry.

Accordingly, neither the Site nor any email communication is intended to provide or substitute for accounting, legal, business, tax or other professional advice or services. The Site, any email communications and the information contained in any of these, are not and should not be construed or relied upon, as legal advice. Compliance with all laws and regulations remains your sole and absolute responsibility. Before taking any business or legal action based on information from the Site or any email communication, you should consult with a financial or legal professional to verify deadlines and determine whether such actions are appropriate for you based on your personal or business needs. Further, TCG does not guarantee that the forms/report prepared using the Site will be accepted by the FCC, and TCG shall bear no liability or responsibility in the event a form/report is rejected or given additional scrutiny by the FCC. No representations or warranties, express or implied, are given regarding the legal or other consequences resulting from the use of CommTRACK$.

Manuals

CommTRACK$ allows users to download compliance manuals and documentation concerning certain regulatory obligations (collectively "Manuals"). These Manuals may be authored by CommTRACK$ or a third-party provider. Views expressed in Manuals authored by a third party do not necessarily reflect the views of CommTRACK$, and you should contact the third-party author if you have questions about information contain in a specific Manual.

Copyright and Trademark

Copyright and trademark of all material contained in Manuals belongs solely to the author of the Manual. Except for Manuals or related material authored by TCG, TCG makes no claim to copyright or ownership in any material authored by a third party and made available through the WebSite. You are prohibited from modifying, creating derivative works of, copying, distributing, transmitting, displaying, publishing, selling or licensing any Manuals or related content made available on or through the Site for commercial, public or any other purposes. This includes all publicly available information to the extent protected by copyright or trademark law.

Limited Permission to Download

TCG hereby grants you permission to download, view, copy and print a Manual on any single, stand-alone computer solely for your personal, informational, non-commercial use, provided that:

  1. you include with and display on each copy of such Manuals the associated copyright notice,
  2. the Manuals are not used on any other Web Site or in a networked computer environment, and
  3. the Manuals are not modified in any way.

This permission terminates automatically, without notice, if you breach any of these Terms and Conditions and/or Additional Terms. On any such termination, you agree to immediately destroy any downloaded or printed Manuals. Any unauthorized use of any Manuals contained on this Site violates the Terms and Conditions.

All Sales are Final

All sales are final once a Manual is purchased. You are responsible for downloading, saving, or printing the purchased Manual after purchase. TCG will not refund or make available new copies of the Manual, unless delivery failure is the sole fault of TCG.

Registered Agent Services

Description of Services

For FCC filings only, you acknowledge and agree that, unless you provide an alternative registered agent before submission of a FCC license application, TCG is shall be designated and authorized to act as your registered agent in Washington, DC. As your registered agent, TCG is authorized to receive service of process, including any notices of legal proceedings, other legal notices or official government communication (collectively, the "Notices"), on your behalf.

TCG, acting as your registered agent, will forward all Notices to the designated business address specified in your CommTRACK$ account. TCG will not review any regulatory notices nor provide any guidance on the contents of Notices received though the registered agent service. It is your duty to review the notices and contact the appropriate persons, including retaining legal counsel, if necessary.

Delivery of Notices

TCG, acting as your registered agent, will scan and upload the Notices received on your behalf. All notices are forward to TCGs Registered Agent customers via email. It is your responsibility to keep a valid email on file with TCG via CommTRACK$ in order to receive paperless Notices. To opt out of paperless service, please contact our customer service team. You will be responsible for a $16.95 shipping fee for each Notice served upon your company that is not delivered electronically.

All Notices are scanned and stored electronically. Original paper copies are kept at TCGs offices for a maximum of seven (7) days after the electronic version is sent via email. You may contact TCG and request that the original Notice be sent via regular mail or retained for a specified period of time; however, requests must be made within seven (7) days. An extra $16.95 will apply to all documents mailed or stored on site, and additional terms and conditions may apply for forwarded or stored mail.

Not a Mailing Address

Your Registered Address is for the primary purpose of fulfilling FCC requirements for "Service of Process." Such address may be used only to receive Notices on your behalf. Unless otherwise specified, the primary business address you list on any filed document needs to reflect the primary business address your company operates from.

TCGs Registered Agent services are limited to the receipt and forwarding of items covered by the respective "Service of Process" statute, rule, regulation or contract, and do not include the provision of a business or mailing address independent of such statute, rule, regulation or contract. TCG, acting as your registered agent, has no obligation to forward any items received pursuant to any unauthorized use of your Registered Agent's address (the "Registered Address"). TCG assumes no liability to you or any other party for loss of such items. You assume all liability for such losses regardless of whether you had approved or initiated the unauthorized use.

Representation of Registered Address

You agree not to represent or misleadingly suggest, whether orally, in writing, photographically, or otherwise that the Registered Address is your place of business, your location of operations or business records, or a physical address at which third parties can find you. You may not list the Registered Address in your company's public media, including business cards, brochures, Sites or emails.

Designation of Third Party Registered Agent

If you designate a third party (not TCG) as your registered agent, TCG will not be responsible for any registered agent services on your behalf. If TCG is not designated as your registered agent, TCG will not forward any Notices received from government agencies to you or retain any correspondence for any length of time.

Ask an Expert Service

"Ask an Expert" is a question and answer service provided by the telecommunications consultants at The Commpliance Group, Inc., in association with CommTRACK$. "Ask an Expert" is an electronic pay-per-response consultative service which enables service providers to ask and receive answers to non-legal questions through the CommTRACK$ Site.

"Ask an Expert" will only provide responses to non-legal questions and questions which do not seek legal advice. All responses provided by our "Ask an Expert" service are based on publicly-available information and shall not draw conclusions or include any analysis. "Ask an Expert" should not be used as a substitute for legal advice. Questions about the law and users seeking legal analysis should contact an attorney.

How "Ask an Expert" Works

"Ask an Expert" provides basic answers to questions about federal telecommunications regulations, the administration of regulatory reports required by the FCC, and other non-legal questions. "Ask an Expert" functions as follows:

  1. Register with CommTRACK$.
  2. Submit a question using one of the following two methods:
    1. Filling out our online "Ask an Expert" question form and submitting; or
    2. Calling our toll-free "Ask an Expert" telephone number, 1-877-4-FCCEXPERT.
  3. An FCC consultant will review your question and prepare a Cost Estimate (the amount Users must pay to receive the Answer).
  4. The Cost Estimate will be posted to the Users Account and an email will notify Users that the Cost Estimate is ready for review.
  5. Users have the option to accept or reject the Cost Estimate.
  6. If the User accepts, the Users Account will be billed the amount in the Cost Estimate and an FCC consultant will proceed with the preparation of the Answer to your question.
  7. The answer to the Users question will be posted to the Users Account.

Registration

All users must register with CommTRACK$. We cannot answer questions from users who do not have an Account with CommTRACK$ and a valid email address. If you do not already have an account, you will be instructed to create one before a question can be submitted through our "Ask an Expert" service. Users who call our toll-free number must provide the email address associated with your Account. We may also ask for a password or additional account information to verify a users identity at any time.

Submission of Information

Answers provided through our "Ask an Expert" service shall be based entirely on the information contained in the question(s) submitted by the User through the Site, and specifically the "Ask an Expert" question form. You agree that all information submitted to "Ask an Expert" is accurate and truthful to the best of your knowledge. You understand that we cannot verify the information you submit through "Ask an Expert." You also understand that if incorrect or incomplete information is submitted, the answer(s) provided may not be accurate. We will not review or verify any information in your Account, including licensing and compliance information, when answering a question unless specifically instructed and referenced in your question.

Submission of information to "Ask an Expert" does not automatically form an agency or attorney/client relationship with CommTRACK$, The Commpliance Group, Inc., its affiliates, officers, directors or agents. Communications on this Site are not confidential and shall not be the subject of any associated privileges. We will undertake reasonable efforts to safeguard information consistent with the privacy policy posted on this Site.

Cost Estimates

Following submission of a question to "Ask an Expert," Staff will provide users with a cost estimate for answering the question ("Cost Estimate"). The Cost Estimate will be posted to your Account. All Cost Estimates are based on a reasonable assessment of the time and expense necessary to answer the question. Staff retains the sole discretion to determine what constitutes the scope and costs of answering a question.

Cost Estimates do not include additional work performed outside the scope of the original question or costs associated with follow-up questions. All follow-up questions will be considered a separate question submitted to "Ask an Expert" and shall be billed in accordance with these Terms and Conditions.

All Cost Estimates are final and non-negotiable. If you are unsatisfied with a Cost Estimate, you can reject the Cost Estimate through the Site. Users have thirty (30) days to approve a Cost Estimate. All pending questions with unapproved Cost Estimates will be deemed rejected, and thereby terminated.

Answers by Staff

Once a Cost Estimate is approved, Staff will generally provide answers within two (2) to seven (7) business days. Depending on the scope and complexity of the question(s) asked, these general timeframes may vary. In its sole and exclusive judgment, CommTRACK$ reserves the right to refuse to provide a Cost Estimate and, in so doing, provide answers.

Answers will be posted to your Account. We may also, at our sole and exclusive discretion, contact you directly with additional information via telephone or provide you with a reference to a telecommunications consultant or attorney who can provide further assistance. Once an answer is posted to you account, the questions will be deemed completed. All follow-up questions will be considered a separate question submitted to "Ask an Expert" and billed in accordance with these Terms and Conditions.

TCG undertakes best efforts to review and answer all questions submitted to "Ask an Expert." Some questions submitted to "Ask an Expert" may be too complex or outside the scope of our services. For such questions, you will be informed that Staff cannot provide an answer and you will not be charged for these questions.

Answers provided through "Ask an Expert" are provided at the sole discretion of TCG. Submission of a question and/ or approval of a Cost Estimate does not guarantee that we will answer your question. TCG reserves the right to deny providing an answer to a question at any time. TCG will notify user within thirty (30) days of receipt of a question if the question is denied. Questions denied by TCG will be deemed rejected. Once rejected, TCG shall have no further obligation to review or respond to a question.

Billing and Payment

Approval of a Cost Estimate is made solely through your Account. By approving a Cost Estimate, you agree to pay the quoted fee. Once approved, you will be charged in accordance with the billing terms in effect at the time the fee becomes payable. All sales are final following approval of a Cost Estimate. Once a Cost Estimate is approved, you cannot cancel payment, even if you have not received an answer to your question yet.

We do NOT Guarantee our responses and NO refund will be issued if you are unsatisfied.