Terms of Service 

Welcome to ComplyBright, an online learning program to provide training and education useful to small business owners and their employees. The ComplyBright website and service including (without limitation) all websites, mobile applications and other interactive properties through which the service is delivered (collectively, the “Service”) are owned, operated and distributed by ComplyBright.com, an operating unit of FTSBN, Inc., a Georgia corporation (referred to in these Terms of Service as “ComplyBright” or “we” and through similar words such as “us,” “our,” etc.). By accessing any part of the Service, you are agreeing to the terms and conditions described below (these “Terms of Service”), the terms and conditions of our privacy policy (the “Privacy Policy”) and any other legal notices published by us on the Service (collectively, the “Governing Documents”). If you do not agree to any of these terms, you should not use the Service. These Terms of Service apply to all users, including both users who are simply viewing content available via the Service and users who have registered as users of ComplyBright. 

We may, at our sole discretion, modify these Terms of Service at any time. By accessing the Service at any time after such modifications, you are agreeing to such modifications. These Terms of Service were last modified as of August 1, 2023. 

Description of Service 

The ComplyBright Service allows HR managers and employees of companies that subscribe to ComplyBright to find and participate in video-based training programs that instruct them in topics relevant to typical small business operations. 

We reserve the right to refuse to provide the Service to any person for any reason and/or to discontinue the Service in whole or in part at any time, with or without prior notice. 

Copyright, Trademarks, and Licenses 

The entire contents of the Service are protected by international copyright and trademark laws and other proprietary rights. The owners of the copyrights and trademarks are ComplyBright, its affiliates, and/or other third-party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SERVICE, INCLUDING TEXT, GRAPHICS, CODE, AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Service solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials, and not to share any material that you paid for with anyone else who has not also purchased a license for that material. 

You may not use any robots, spiders, or similar data mining, data gathering or extraction tools, or manual processes to collect, gather, or copy any content or data on or related to the Service in a manner not authorized by ComplyBright in writing. You may not engage in practices of “screen scraping,” “database scraping,” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the Service, in any manner and any quantities not authorized by ComplyBright in writing. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ComplyBright or its affiliates without express written consent. You may not use meta tags or any other “hidden text” utilizing the ComplyBright name or trademarks without the express written consent of ComplyBright. 

ComplyBright will not tolerate violations of intellectual property rights on the Service. If you are a copyright owner and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”). To provide ComplyBright notice of an infringement, you must provide a written communication to the attention of “DMCA Infringement Notification Dept.” care of support@complybright.com that sets forth the information specified by the DMCA (see http://www.copyright.gov/title17/92chap5.html#512). You may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright. 

Account Terms 

The following terms apply to your use of the Service and any account that you may open or attempt to open via the Service: 

  1. You represent and warrant that you are at least 16 years of age. If you are under age 16, you may not, under any circumstances or for any reason, use the Service. 
  2. You must be a human to open an account. Accounts registered by “bots” or other automated methods are not permitted. 
  3. You are responsible for maintaining the security of your account and password. We view any actions taken by your account as taken by you. ComplyBright will not be liable for any loss or damage from your failure to comply with this security obligation. 

User Fees 

Users are granted a subscription to the Service by subscription to ComplyBright or as part of a subscription to a product that includes ComplyBright. 

We reserve the right, at any time, to separately set user fees for users who do not subscribe to products that include ComplyBright as a component and to change any fees or charges for using any services provided on the Service (or to begin charging fees for any free service), provided that such changes will not apply to fees or charges paid or free services used prior to the time of the change. 

General Rules Governing All Users of the Service 

ComplyBright provides training and instruction to a varied group of small business owners and their employees who participate as learners. When you register with the Site, you agree to the following rules: 

  1. You will use the Service only for lawful purposes and agree to not use the Service in any way that will infringe upon the use or rights of any other user. 
  2. Your use of the Service is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Service. 
  3. You assume full responsibility for using the content and platform of the Service offered “as is,” and in accordance with all federal, state, and local laws. 
  4. You will not share content from the Service with anyone who is not properly licensed to access the content. 
  5. You shall not interfere with anyone else’s use and enjoyment of the Service. Users who violate systems or network security may incur criminal or civil liability. 
  6. You will accept all of the terms and conditions including the cancellation policy listed in the Service when you agree to enroll in or access a training program on ComplyBright. 
  7. ComplyBright reserves the right to delete or suspend your account if you violate any of our rules, or at any time and for any reason. 

Data Policy 

When a user takes a training program on ComplyBright, we will share the student’s username and profile with persons engaged in the delivery of the instructional content when necessary to complete such delivery of content. By enrolling in a class on ComplyBright, a user grants to us permission to share that user’s information with persons engaged in content delivery. All persons engaged in the content delivery process are bound by confidentiality agreements that restrict their use of data to purposes directly related to the delivery of the content and require their compliance with applicable data protection and privacy laws. 

Cancellations and Refunds 

Subscriptions to ComplyBright are renewed monthly and are subject to cancellation as the end of each monthly billing period. Cancellations become effective at the end of the monthly billing period in which a cancellation is submitted. No refund will be provided by ComplyBright. 

ComplyBright is not responsible or liable for any refunds for products that include a subscription to ComplyBright. Cancellation of such a subscription will result in the termination of the ComplyBright subscription that was granted to that particular small business owner and their employees. This includes a loss of access to both the training courses and the records of training for all employees. No refund will be provided by ComplyBright. 

Member Standards of Conduct 

ComplyBright is committed to fostering a respectful, welcoming, and harassment-free environment for everyone, including our members and employees. We expect all members to adhere to reasonable standards of professional decorum while interacting with our employees. This includes all forms of communication and interaction. 

The company has a zero-tolerance policy against the following behaviors that it deems, in its sole judgment, to be abusive: 

  • Verbal Abuse: Including, but not limited to, the use of derogatory, demeaning, or offensive language, threats, excessive shouting, and unwarranted personal criticisms. 
  • Physical Abuse: Any form of physical threat or harm. 
  • Sexual Harassment: Including unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. 
  • Discrimination: Including offensive remarks or conduct related to a person's race, religion, gender, disability, age, sexual orientation, or any other protected characteristic. 
  • Cyberbullying: Sending or posting harmful or malicious content about a team member through digital platforms. 
  • Stalking: Repeated unwanted contact or surveillance that causes fear or distress. 

If a member engages in one or more of the abusive behaviors outlined above, or abusive behaviors similar in nature to those listed above, the company, in its sole judgment, reserves the right to terminate the membership of the offending member, effective immediately, without any obligation for compensation or refund for any losses incurred due to the membership termination. 

ComplyBright Rights 

ComplyBright reserves these rights: 

  • We can make changes to the ComplyBright Site and Services without notice or liability. 
  • We have the right to terminate your membership, account or other affiliation with the Service at any time and for any reason. We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use ComplyBright in that jurisdiction. 
  • We will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations. 
  • We have the right to remove a training program at any time, without prior notice, at our sole discretion, should we determine that the training program no longer meets our standards for content or no longer satisfies the needs of our overall objectives. 

ComplyBright is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action. 

Disclaimer of Warranties 

THE SERVICE AND ALL MATERIALS INCLUDED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICE AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY CLASS THAT YOU ATTEND VIA THE SERVICE, OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SERVICE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. 

THE SERVICE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE SERVICE AND ANY OF THE CONTENT OR FEATURES INCLUDED THEREIN, INCLUDING THE PRICES AND ACCESS RULES FOR ANY FUNCTIONALITY, AT ANY TIME WITHOUT NOTICE. THE CONTENT INCLUDED ON THE SERVICE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT. 

THE USE OF THE SERVICE OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. 

You understand and agree that temporary interruptions of the Service may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of the Service, and therefore, delays and disruption of other network transmissions are completely beyond our control. 

You understand and agree that the Service is provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. 

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 

Limitation of Liability 

IN NO EVENT SHALL WE OR ANY OTHER COMPLYBRIGHT PARTY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THE SERVICE. 

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 

Indemnification 

Upon a request by us, you agree to defend, indemnify, and hold us and the other ComplyBright Parties harmless from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your violation of these Terms of Service or any of the other Governing Documents, or other negligent or wrongful conduct. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. 

Miscellaneous 

You agree that the Service shall be deemed a passive interactive service based solely in Georgia and shall not give rise to personal jurisdiction over ComplyBright, either specific or general, in jurisdictions other than Georgia. These Terms of Service, together with the Privacy Policy and the other Governing Documents, shall all be governed and construed in accordance with the internal laws of the State of Georgia, without regard to conflicts of law principles. You agree that any legal action or proceeding between ComplyBright and you for any purpose concerning these Terms of Service, the Privacy Policy, the other Governing Documents or your use of the Service shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Atlanta, Georgia. 

Any cause of action or claim you may have with respect to any of the foregoing matters must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. 

You and ComplyBright agree that any dispute or claim arising from or relating to the Terms shall be finally settled by arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section). Our arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis: class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and ComplyBright are each waiving the right to trial by jury or to participate in a class action. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. 

These Terms of Service, together with the Privacy Policy and the other Governing Documents, constitute the entire agreement between you and ComplyBright concerning the Service. If any provision of any such document is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions thereof, which shall remain in full force and effect. ComplyBright’s failure to insist upon or enforce strict performance of any provision of these Terms of Service or any of the other Governing Documents shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Service. ComplyBright may assign its rights and duties under these Terms of Service or any of the other Governing Documents to any party at any time without notice to you. 

Most communication between ComplyBright and you will be sent and received electronically. You agree that all electronic communication between ComplyBright and you shall satisfy any legal requirements that such communications be in writing. 

Any rights of ComplyBright not expressly granted herein are reserved.