AGREEMENT TO TERMS
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
INTELLECTUAL PROPERTY RIGHTS
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
By using the Site, you represent and warrant that:
(1) all registration information you submit will be true, accurate, current, and complete;
(2) you will maintain the accuracy of such information and promptly update such registration information as necessary;
(4) you are not a minor in the jurisdiction in which you reside;
(5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
(6) you will not use the Site for any illegal or unauthorized purpose; and
(7) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Site, you agree not to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses
- Use the Site to advertise or offer to sell goods and services.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Engage in unauthorized framing of or linking to the Site
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Attempt to impersonate another user or person or use the username of another user.
- Sell or otherwise transfer your profile.
- Use any information obtained from the Site in order to harass, abuse, or harm another person.
- Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- Delete the copyright or other proprietary rights notice from any Content.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
Certain software and services offered by HireDNA are made available to users on a paid basis. Users that choose to use paid services agree to the following additional terms and conditions. HireDNA reserves the right to change, modify, or append services and the pricing for those services at any time. With any change in pricing, the customer will be notified of such change and the change will only take effect upon the next billing cycle.
Any taxes due on services shall be paid by Customer. If the customer is exempt from otherwise applicable taxes, Customer must submit its tax identification number and exemption certificate to HireDNA for review before the start of paid services.
HireDNA may cancel orders for any reason. Some common situations in which orders are cancelled may include pricing errors, availability issues, or credit card payments that are declined by the issuing financial institution.
Customer agrees to compensate HireDNA for its reasonable expenses, including attorney and collection agency fees, incurred in the collection of payments and the enforcing of its rights under this agreement. Overdue and delinquent payments for any and all services may incur an interest charge on the outstanding balance of the lesser of one and one half percent (1.5%) per month or the maximum rate permitted by law.
With respect to any paid or free service offered, HireDNA will have no specific responsibility with respect to the veracity of applicant resumes, applicant interview or work performance, suitability before or after hire, and will not participate in any negotiations or discussion with respect to the hiring, promoting, disciplining, firing or relocating of such applicant later employed by Client. Any and all assessment and resume reviewing services by Recruiter are provided as optional, value added services to Client and Recruiter shall not be held liable for any inaccuracies, disparities, or misrepresentations. Formal assessment and pre-hire services are not provided unless specifically paid for as an optional service. Any and all assessment services are not an exhaustive check of employment, education and other background information.
HireDNA cannot promise the effectiveness of any of its services in relation to the procurement of a job or career advancement. HireDNA makes no promise or guarantee of employment with either free or paid services. All services are performed for general and informational use only.
TERMS SPECIFIC TO RECRUITING PLATFORM (RECRUITING SERVICES) FOR EMPLOYERS AND THIRD PARTY RECRUITERS
- Rights to Sensitive Business Information: HireDNA takes great care and undertakes great expense to procure its employer clients, third party recruiter relationships, and business data and information. HireDNA selectively provides access to these valuable clients, relationships, data and information as a value added service to its users. All users agree and acknowledge, with clear and sophisticated understanding, to never use this provided access and information as a means to compete directly with HireDNA or share this information with another third party for the purposes of commercial gain. All provided client and candidate information shall be considered the sole property of HireDNA, with all the rights and privileges associated with valid ownership.
- Independent Contractor: Third party recruiters that utilize the services of HireDNA do so as independent contractors and free agents. No payment, reward, or services offered to users from HireDNA shall form or imply an employment relationships nor shall it form or imply any form of partnership, joint venture, or agency relationship.
- Selection of Candidates: HireDNA reserves the right to delete, modify, alter, and/or reject any and all content submitted to HireDNA, including but not limited to candidate resumes and other information submitted by third party recruiters.
- Communications: HireDNA regularly communicates information from one third party to another third party, such as in the case of conveying information about a candidate from an employer to a third party recruiter. HireDNA shall not be responsible for the accuracy of such information, but shall use commercially reasonable practices to communicate the information properly.
- Data Maintenance: Although HireDNA conducts regular backups and takes certain security precautions, HireDNA shall not be held liable for maintenance of user data nor continuation of its service. Users are responsible for the creation and maintenance of their own data, including candidate and client information.
- Individualized Contracts and Changes: HireDNA will from time to time negotiate different terms and conditions with individual clients that do not conform to the standard contractual terms. HireDNA reserves the right to selectively modify, in whole or in part, the terms, including but not limited to the guarantee period, for individual clients, without special communication to third party recruiters.
- Quality of Listings: HireDNA performs checks to ensure that job listings are active, of good quality, and updated regularly. However, because HireDNA publishes job listings from its employer clients, HireDNA cannot guarantee the accuracy, prioritization, or other details of its job listings and client information.
- Guarantee: Recruiter shall provide a replacement guarantee as specified in the Additional Contract (“Guarantee”), effective from Hired Candidate’s employment start date, for any Hired Candidate that terminates, or is terminated by the employer (“Candidate Termination”), provided that such Candidate Termination was not a result of a employer-initiated reduction in workforce, elimination of the Candidate’s position, or insufficient work for Candidate and that the employer has paid all invoices outstanding according to the terms described in this Agreement. HireDNA will make every effort to provide a suitable replacement applicant within 30 days.
- Termination: HireDNA reserves the right to terminate access to HireDNA, in whole or in part, for any user, for any reason, in its sole discretion.
- Equal Opportunity: HireDNA is an Equal Opportunity Employer and does its best to monitor the behaviors and recruiting practices of our users as related to their use of our platform, though we cannot be liable or responsible for our user’s specific actions. All Employers, Recruiters, and others using HireDNA services for employment services agree to follow the laws and guidance set by the U.S. Equal Employment Opportunity Commission. Best practices for employers and recruiting professionals can be found here: https://www.eeoc.gov/eeoc/initiatives/e-race/bestpractices-employers.cfm. Users with questions concerning their compliance with the best practices and laws set by the EEOC are encouraged to contact them: https://www.eeoc.gov/contact.
- OFCCP: Submitting candidates to certain positions listed on the HireDNA platform and/or posting certain jobs on the HireDNA platform may require additional certifications, information, disclaimers, and processes set by the Office of Federal Contract Compliance Programs. All employers regulated by the OFCCP are responsible for their own continued compliance. For more information about these guidelines, please visit the Office of Federal Contract Compliance Programs at: https://www.dol.gov/ofccp.
Third Party Recruiters: In addition to the General Terms above, all third party recruiters agree that:
- They will secure specific and proper permissions from each applicant before they submit the candidate’s resumes to HireDNA; and
- They will take time to understand the specific placement and fee terms related to each individual position; and
- They will take reasonable care to review the submittal of each candidate; and
- They will not directly contact the employers for which they submit candidates, nor do any direct business with the employers for which they submit candidates, for any reason, for a period of 12 months after their last submitted candidate, without the specific consent of HireDNA; and
- They understand that if a placement fee is generated through the platform, the amount due to them, as a third party recruiter, shall be equal to a percentage of the total (or “gross”) placement fee, net of any additional incurred costs. The percentage shall be 10% of the total placement fee, unless the percentage is modified through an additional executed agreement with HireDNA or by the purchase of a different level of account with HireDNA, such as the “Pro” account; and
- They understand that HireDNA will only pay third party recruiter users after the Guarantee period has successfully passed; and
- Recruiters should expect payment within thirty (30) days from the date of expiration of the Guarantee with Employer; and
- They understand that they will receive credit and/or placement fees only for candidate resume submittals for the jobs to which those candidate resumes were directly submitted and only in the case that another recruiter did not submit the same candidate to the same job earlier. The credit period for all candidate resume submittals shall be a period of exactly one (1) year from time of initial candidate resume submittal for each specific job. For times beyond one (1) year, each third party recruiter releases any and all claims to submitted candidate resumes.
- We reserve the right to change, modify, substitute or cancel any and all merchandise and other prizes available through the Recruiter Rewards Program. Additional terms for Recruiter Rewards may apply to international users outside of the continental US.
Employers: In addition to the General Terms above, all employers agree that:
- Recruiter shall provide direct hire recruitment services. Recruiter may present applicants for potential hire (“Candidates” and each a “Candidate”) by providing resumes and/or candidate profiles for evaluation in support of employer’s intent to locate, identify and potentially hire Candidates as full-time employees (“Services”).
- The placement fee owed to Recruiter is equal to 20% of Compensation (“Compensation” defined as the equivalent of Candidate’s first year’s base salary or minimum total contract compensation, excluding per diems), unless modified by Additional Contract (“Placement Fee”). The Compensation can only be confirmed after the employer has made a specific offer in writing by fax, postal mail, or authorized email transmission; and candidate has accepted, and signed the offer of employment letter.
- They shall pay Placement Fee to Recruiter on a contingency basis in the event that they or any of its affiliates hires a Candidate referred by Recruiter (“Hired Candidate”) within one (1) year that Candidate was referred to them by Recruiter. The Placement Fee is also earned in the event that they refer Candidate to another company who hires Candidate.
- It is the employer’s responsibility to inform Recruiter in writing of any duplicate Candidate resumes previously known or received within 48 hours of receipt of Candidate’s resume from Recruiter; otherwise the employer will be obligated to pay Placement Fee to Recruiter for Hired Candidate, even if Hired Candidate was previously known.
- They will pay all placement fees due in full and in a timely fashion, according to the terms and conditions contained here or as amended with a directly executed recruiting services contract.
The Service is controlled, operated and administered by HireDNA from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the HireDNA Content accessed through HireDNA in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
- Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
We reserve the right, but not the obligation, to:
(3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
(4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
(5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
TERM AND TERMINATION
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Wilmington County, DE. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law,
(a) no arbitration shall be joined with any other proceeding;
(b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and
(c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration:
(a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party;
(b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and
(c) any claim for injunctive relief.
If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY
(1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,
(2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE,
(3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE,
(5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR
(6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE one (1) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $1,000.00 USD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
(1) your Contributions;
(2) use of the Site;
(5) your violation of the rights of a third party, including but not limited to intellectual property rights; or
(6) any overt harmful act toward any other user of the Site with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
20130 Lakeview Center Plaza
Ashburn, VA 20147
CHANGES TO THIS STATEMENT