Terms of Service

Welcome to the C-Plan website (the "Web Site"). We’re glad you’re here, and we hope you enjoy everything we have to offer.

The Web Site is owned and operated by Channel Portal, Inc. (hereinafter, "Channel Portal" or "We") - the developer of C-Plan cloud software product.

Please read these Terms of Service (the "Terms") carefully because they are a binding agreement between You and Channel Portal. You automatically agree to these Terms and to our Privacy Statement simply by visiting the Web Site.

Please note that we offer many services. Your use of Channel Portal’s products or services are provided by Channel Portal pursuant to a separate manually or digitally-executed agreement. Those additional terms become part of your agreement with us, if you use the services or log into the Web Site.

1. General

This Web Site and all content in this site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without Channel Portal’s prior written consent, except that Channel Portal grants you non-exclusive, non-transferable, limited permission to access and display the web pages within this Web Site, solely on your computer or other device and for your personal, non-commercial use of this Web Site. This permission is conditioned on your not modifying the content displayed on this Web Site, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in this Web Site. Notwithstanding the foregoing, any software and other materials that are made available for downloading, access, or other use from this Web Site with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices.

Your failure to comply with the terms, conditions, and notices on this Web Site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission in the preceding paragraph, Channel Portal does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this Web Site on another web site or in any other media.

Content on this Web Site may contain references to Channel Portal products and services that are not announced or available in your country. Such references do not imply that that those products or services are available in your country. The contractual terms applicable to Channel Portal’s products and services are governed solely by the written agreements under which they are provided to its customers.

2. Modifications

Channel Portal may, without notice to you, at any time revise these Terms of Service and any other information contained in this Web Site. Channel Portal may also make improvements or changes in the products, services, or programs described in this Web Site at any time with or without notice. For example, we may add or remove functionality or features, and we may suspend or stop a particular feature altogether. We also reserve the right to charge a fee for any of our features at any time. If you don’t like any changes, you can stop using our Web Site at any time.

3. Your Accounts

You may be required to create an account and specify a password in order to use certain services or features on the Web Site. To create an account, you must be at least 18 years old and you must provide truthful and accurate information about yourself. Don’t try to impersonate anyone else when you create your account. If your information changes at any time, please update your account to reflect those changes.

In some cases, an account may be assigned to you by an administrator, such as your employer. If you are using or logging into an account assigned to you by an administrator, additional terms may apply to your use of the Web Site. Moreover, your administrator may be able to access or disable your account without our involvement.

You may not share your account with anyone else. Please keep your password confidential, and try not to use it on other web sites. If you believe that your account has been compromised at any time, please notify your system administrator.

4. Your Use of the Web Site

Please do not use the Web Site in a way that violates any laws, infringes on anyone’s rights, is offensive, or interferes with the Web Site or any features on the Web Site (including any technological measures we employ to enforce these Terms).

It should be common sense, so we won’t bore you with a list of things you shouldn’t do. But if we (in our sole discretion) determine that you have acted inappropriately, we reserve the right to take down content, terminate your account, prohibit you from using the Web Site, and take appropriate legal actions.

Using our Site does not give you ownership of any intellectual property rights to the content you access. You may not use content from our Web Site unless you obtain permission from us or its owner, or unless you are otherwise permitted by law.

When you use the Web Site or send communications to us through the Web Site, you are communicating with us electronically. You consent to receive electronically any communications related to your use of the Web Site. We may communicate with you by email or by posting notices on the Web Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting content, creating a user account or otherwise providing us with your email address, postal address or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Statement.

5. Legal Jurisdictions Only

The services and products described on this Web Site are only for persons in those states and jurisdictions where such products and services may legally be sold. Nothing on this Web Site shall be considered a solicitation to buy or an offer to sell any products or services to any person in any jurisdiction where such offer, solicitation, purchase or sale would be unlawful.

6. Third Party Information

Although Channel Portal monitors the information on the Web Site, some of the information is supplied by independent third parties. While Channel Portal makes every effort to insure the accuracy of all information on the Web Site, Channel Portal makes no warranty as to the accuracy of any such information.

7. Linking to this Web Site

All links to this Web Site must be approved in writing by Channel Portal, except that Channel Portal consents to links in which the link and the pages that are activated by the link do not: (a) create frames around any page on this Web Site or use other techniques that alter in any way the visual presentation or appearance of any content within this Web Site; (b) misrepresent your relationship with Channel Portal; (c) imply that Channel Portal approves or endorses you, your Web Site, or your service or product offerings; and (d) present false or misleading impressions about Channel Portal or otherwise damage the goodwill associated with the Channel Portal name or trademarks. As a further condition to being permitted to link to this Web Site, you agree that Channel Portal may at any time, in its sole discretion, terminate permission to link to this Web Site. In such event, you agree to immediately remove all links to this Web Site and to cease using any Channel Portal trademark.

8. Social Networks

The Web Site may include features that operate in conjunction with certain third party social networking websites that you visit such as Facebook, Instagram, YouTube, Vimeo, and Twitter ("Social Network Features"). While your use of the Social Network Features is governed by these Terms, your access and use of third party social networking sites and the services provided through the Web Site is governed by the terms of service and other agreements posted on these sites. You are responsible for ensuring that your use of those sites complies with any applicable terms of service or other agreements.

9. Third Party Trademarks

The Web Site contains trademarks owned by third party not related to Channel Portal. All these trademarks are used on the Web Site with permission by the respective owners of the trademarks.

10. Intellectual Property

If you believe any content on the Web Site infringes your copyrights, you may request that we remove the content from the Web Site (or disable access to that content) by notifying Channel Portal using the notification process described below. The notification process outlined here is consistent with the process suggested by the Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov).

Here is a summary of the process: 1. If anyone believes that material on the Web Site infringes their copyright, that person may send us a written notice as described below. We will attempt to remove or disable the allegedly infringing material. We will attempt to notify the user who posted the allegedly infringement material. That user then has the right to request that the material be re-enabled. If they properly make such a request, we will re-enable the material unless and until the two parties jointly ask us to remove it or a court orders us to remove it.

2. Only copyright owners can report a suspected infringement to us. If you are not the copyright owner (or the authorized representative of the owner) you cannot report a suspected infringement to us. If you believe that any content on the Web Site infringes another party's copyright, you should advise the copyright owner directly. Please note that you may be liable for damages, including court costs and attorneys fees, if you materially misrepresent that content on the Web Site is copyright infringing. When in doubt, you should consult an attorney. In any event, if you believe your copyrights are being infringed, we strongly urge you to contact the user directly.

We need your help finding the infringing content and we need to be sure that we are doing the right thing by removing the content. We therefore require the below details in your notice: 1. Your name, mailing address, telephone number and email address. 2. Sufficient detail about the copyrighted work; 3. The URL or other specific location on the Web Site that contains the material that you claim infringes your copyright; 4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law (i.e. "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."); 5. A statement by you that the information contained in your notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner's behalf (i.e. "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."). 6. An electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.

Your notice can be sent to us at legal@channelportal.com.

After we receive a proper written notice, we will expeditiously remove or disable the allegedly infringing content, regardless of the nature of the copyright (a post, a webpage, or an application, for example). We will document those alleged infringements on which we act. Also, we will notify the user and, if requested, provide the report to the user. Please note that in addition to being forwarded to the user who provided the allegedly infringing content, a copy of this legal notice (with your personal information removed) may be sent to a third-party which may publish and/or annotate it. We may exclude egregious or repeat infringers from our websites and terminate their Channel Portal services.

If a user of the Web Site believes that their content was removed or disabled by mistake or misidentification, the user can send us a written counter-notification which includes the following:
1. The user’s name, mailing address, telephone number and email address.
2. Identification of the material that has been removed or disabled and the URL or other specific location on our websites at which the material appeared before it was removed or disabled.
3. A statement that the user consents to the jurisdiction of the Federal District Court in Santa Clara, CA.
4. A statement under penalty of perjury that the user has a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled (i.e. "I swear, under penalty of perjury, that I have a good faith belief that each search result, message, or other item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown.")
5. The user’s physical or electronic signature.

We will restore the removed or disabled content following 10 business days from the date that we received a proper written counter notification, unless our copyright agent first receives notice that a court action has been filed to restrain the user from engaging in infringing activity related to the removed or disabled content.

11. Vulnerability Reporting

At Channel Portal, we take the protection of our customers’ data very seriously.

The Channel Portal security team acknowledges the valuable role that independent security researchers play in internet security. As a result, we encourage responsible reporting of any vulnerabilities that may be found in our Web Site or applications. Channel Portal is committed to working with security researchers to verify and address any potential vulnerabilities that are reported to us.

Please review these terms before you test and/or report a vulnerability. Channel Portal pledges not to initiate legal action against researchers for penetrating or attempting to penetrate our systems as long as they adhere to this policy.

Please conduct all vulnerability testing against a testing, trial or developer instance, not a production one. Always use test or demo accounts when testing our online services.

Please report a potential security vulnerability using the following procedure:

• Privately share details of the suspected vulnerability with Channel Portal by sending an email to security@channelportal.com
• Provide full details of the suspected vulnerability so the Channel Portal security team may validate and reproduce the issue

While we encourage you to discover and report to us any vulnerabilities you find in a responsible manner, Channel Portal does not permit certain types of security research and the following conduct is expressly prohibited:

• Performing actions that may negatively affect Channel Portal or its users (e.g. Spam, Brute Force, Denial of Service…)
• Accessing, or attempting to access, data or information that does not belong to you
• Destroying or corrupting, or attempting to destroy or corrupt, data or information that does not belong to you
• Conducting any kind of physical or electronic attack on Channel Portal personnel, property or data centers
• Social engineering any Channel Portal service desk, employee or contractor
• Conduct vulnerability testing of participating services using anything other than test accounts
• Violating any laws or breaching any agreements in order to discover vulnerabilities

We ask that you do not share or publicize an unresolved vulnerability with/to third parties. If you responsibly submit a vulnerability report, the Channel Portal security team and associated development organizations will use reasonable efforts to:

• Respond in a timely manner, acknowledging receipt of your vulnerability report • Provide an estimated time frame for addressing the vulnerability report • Notify you when the vulnerability has been fixed

We are happy to thank every individual researcher who submits a vulnerability report helping us improve our overall security posture at Channel Portal.

12. DISCLAIMER OF WARRANTY

We provide the Web Site using a commercially reasonable level of care and promise to do our best to make sure you enjoy the Web Site. But there are certain things that we don’t promise about our Web Site.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OF SERVICE, NEITHER CHANNEL PORTAL, INC. NOR ITS AGENTS OR SERVICE PROVIDERS (THE "SERVICES ENTITIES") MAKE ANY SPECIFIC PROMISES ABOUT THE WEB SITE. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE WEB SITE, THE SPECIFIC FUNCTION OF THE WEB SITE, OR ITS RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS.

TO THE EXTENT PERMITTED BY LAW, USE OF THIS WEB SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. CHANNEL PORTAL EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, CHANNEL PORTAL MAKES NO WARRANTY OR GUARANTEE THAT THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

13. LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL CHANNEL PORTAL BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEB SITE OR ANY USE OF THIS WEB SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEB SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF CHANNEL PORTAL IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

Additional or different terms, conditions, and notices may apply to specific materials, information, products, software, and services offered through this Web Site. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms of Use. Please see the applicable agreement or notice.

14. Additional Details

We may modify these Terms at any time so be sure to check back regularly. By continuing to use or log in to the Web Site after these Terms have changed, you indicate your agreement to the revised Terms. If you do not agree to the changes, you should stop using or logging in to the Web Site.

The Web Site may contain links to third-party websites. That doesn’t mean that we control or endorse those websites, or any goods or services sold on those websites. Similarly, the Web Site may contain ads from third-parties. We do not control or endorse any products being advertised.

If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean we’re OK with what you did, or we are giving up any rights that we may have (such as taking action in the future).

15. Applicable Law

By visiting this Web Site, you agree that the laws of the State of California, without regard to principles of conflict of laws, will exclusively govern these Terms of Use and any dispute of any sort that may arise between you and Channel Portal. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms and or your use of the Services resides in the courts located in Santa Clara, California, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. If it turns out that a particular provision in these Terms is not enforceable, that will not affect any other provision.

Channel Portal accepts and responds to any requests such as disclosure, correction, addition, or deletion and veto of use or provision of personal information from the person who provided his/her personal information. Your request can be sent to us at legal@channelportal.com.

These Terms of Service were last updated on November 1, 2023.