Date of last revision: December 7, 2022
IMPORTANT: PLEASE REVIEW THESE TERMS AND CONDITIONS OF USE BEFORE ACCESSING OR USING THE WEBSITE HTTPS://PEOPLECONNECT.US (THE "WEBSITE").
THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION SECTION BELOW.
IT IS STRONGLY RECOMMENDED THAT YOU REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING OR USING THE WEBSITE AND THE SERVICES AND MATERIALS. YOU ACCEPT THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT IN FULL IF YOU USE THE WEBSITE OR THE SERVICES AND MATERIALS, INCLUDING THE SUPPRESSION TOOL. IF YOU DO NOT ACCEPT THIS AGREEMENT AND OTHER POSTED POLICIES THEN DO NOT USE THE WEBSITE, DO NOT PROVIDE ANY INFORMATION TO THE WEBSITE, AND DO NOT USE THE SUPPRESSION TOOL.
Subject to your continued strict compliance with the terms and conditions of this document and subject to the limitations below, the Company provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, and non-transferable license to use the Website. You may download and print materials and information from the Website solely for your personal use, provided that you do not remove from any such hard copies any copyright and/or other applicable intellectual property notices. Notwithstanding the foregoing license grant, you hereby acknowledge and agree that (i) the content layout, formatting, and features of and access privileges for the Website shall be determined by the Company in its sole and absolute discretion; (ii) the Company has the right to control and direct the means, manner, and method by which the Website is provided; (iii) the Company may, from time to time, engage independent contractors, consultants, or subcontractors to aid the Company in providing the Website or use thereof; and (iv) the Company has the right to provide the Website to others. In addition, you hereby acknowledge and agree that these Terms provide you with only a limited license to access and use the Website. Accordingly, you hereby acknowledge and agree that the Company transfers no ownership or intellectual property interest or title in and to the Website to you or anyone else under these Terms. The Company hereby reserves any and all intellectual property rights not otherwise expressly granted in these Terms.
Upon a consumer's use of the Suppression Tool, the Company hereby grants to the consumer a limited license to use its Suppression Tool and any data contained therein, subject to the restrictions and limitations set forth herein. The Company hereby grants to consumer a limited license to use the Suppression Tool solely for the consumer's own individual and personal purposes. Consumer represents and warrants that all of consumer's use of the Suppression Tool shall be for only legitimate purposes. Consumer shall not use the Suppression Tool for commercial purposes or resell or broker services to any third-party and shall only use the Suppression Tool for personal (non-business) purposes. Consumer shall not use the Suppression Tool to provide services to third parties. Consumer agrees that if the Company determines or reasonably suspects that continued provision of the Suppression Tool to consumer entails a potential security risk, or that consumer is otherwise misusing the Suppression Tool, violating any provision of these Terms, or any of the laws, regulations, or rules described herein, the Company may take immediate action, including, without limitation, terminating the delivery of, and the license to use, the Suppression Tool. Consumer shall not access the Suppression Tool from Internet Protocol addresses located outside of the United States and its territories without the Company’s prior written approval. In any event, consumer understands and agrees that (i) the Suppression Tool is provided to it in the United States at the point at which Consumer accesses Company server facilities; and (ii) the Company and its third party information providers make no representation regarding the legality of accessing such Services and Materials from outside of the United States and its territories.
Consumer may not use the Suppression Tool to create a competing product. Consumer shall comply with all laws, regulations and rules which govern the use of the Suppression Tool and the information and services provided therein. Consumer acknowledges that the Suppression Tool may include personally identifiable information and it is the consumer's obligation to keep all such accessed information confidential and secure.
Notwithstanding the foregoing license grants, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein, the Website. Specifically, and by way of illustration and not limitation, you may not separate and use any graphics, interfaces, photographs, audio, video, sounds, artwork, designs, computer code (including html code), programs, software, and documentation found on or accessible through the Website. Moreover, you may not (i) use any “deep link,” “page scrape,” “robot,” “spider,” “crawler” or any other device, program, script, algorithm, or methodology, or any similar or equivalent automated or manual process, to access, acquire, copy, or monitor any portion of the Website, or in any way reproduce or circumvent the navigational structure or presentation of the Website in order to obtain or access or attempt to obtain or access any materials, pictures, documents, services or any other information through any means, (ii) attempt to gain unauthorized access to (a) any portion or feature of the Website, (b) any other systems or networks connected to the Website, (c) any Company server, or (d) to any of the services offered on or through the Website, including by hacking, password “mining,” or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website, (iv) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Website, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or the Company’s systems or networks or any systems or networks connected to the Website, (vi) use any device, software, or routine to interfere with the proper working of the Website or any transaction conducted on the Website, or with any other person’s use of the Website, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to the Company on or through the Website, (viii) use the Website to harvest or collect e-mail addresses or other contact information in a manner inconsistent with these Terms; or (ix) use the Website in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact the Company. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DOWNLOADING, COPYING OR REPRODUCING ANY MATERIALS PROVIDED BY THE COMPANY TO ANY OTHER SERVER, HARD DRIVE OR LOCATION FOR THE PURPOSE OF REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
In addition to the above restrictions, the Websites, the Related Services and Materials, including the Suppression Tool, may not be used for the following purposes:
THE COMPANY AND ITS AFFILIATE ENTITIES ARE NOT CREDIT REPORTING AGENCIES ("CRA") FOR PURPOSES OF THE FAIR CREDIT REPORTING ACT ("FCRA"), 15 USC §§ 1681 et seq. AS SUCH, THE ADDITIONAL PROTECTIONS AFFORDED TO CONSUMERS, AND OBLIGATIONS PLACED UPON CREDIT REPORTING AGENCIES, ARE NOT CONTEMPLATED BY, NOR CONTAINED WITHIN, THESE TERMS.
You may not use the Websites or the Services and Materials of the Company or its affiliate entities, or any information obtained from the Company or its affiliate entities, in connection with any FCRA purpose including determining a prospective candidate's suitability for:
The information provided by the Company and its affiliate entities has not been collected in whole or in part for the purpose of furnishing consumer reports, as defined in the FCRA. Accordingly, by using the Website and the Servicees and Materials, you understand and agree that you will not use any of the information you obtain from the Company or its affiliate entities as a factor in: (a) establishing an individual's eligibility for personal credit, loans, insurance or assessing risks associated with existing consumer credit obligations; (b) evaluating an individual for employment, promotion, reassignment or retention (including employment of household workers such as babysitters, cleaning personnel, nannies, contractors, and other individuals); (c) evaluating an individual for educational opportunities, scholarships or fellowships; (d) evaluating an individual’s eligibility for a license or other benefit granted by a government agency or (e) any other product, service or transaction in connection with which a consumer report may be used under the FCRA or any similar state statute, including, without limitation, apartment rental, check-cashing, or the opening of a deposit or transaction account. You also agree that you shall not use any of the information you receive to take any "adverse action," as that term is defined in the FCRA; you have appropriate knowledge of the FCRA; and, if necessary, you will consult with an attorney to ensure compliance with these Terms.
By installing, accessing, or using this Website you hereby represent that you are at least 18 years of age - or the legal age of majority in your permanent jurisdiction of residence. The Company reserves the right to request any user to provide written proof of age in any form.
By installing, accessing, or using this Website you hereby represent that you will, at all times, provide true, accurate, current, and complete information when submitting information to this Website, including, without limitation, when you provide any information to the Company via an email or any registration or submission form found on the Website. If you provide any false, inaccurate, untrue, or incomplete information, the Company reserves the right, in its sole discretion, to immediately and without notice terminate your access to and use of this Website and/or cancel any of your use of the Services and Materials. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of this Website and understand that you are responsible for determining which such laws apply. You also acknowledge and agree that use of the Internet and this Website are solely at your own risk. While the Company has endeavored to create a secure and reliable Website, the confidentiality of any communication or material transmitted to/from the Website over the Internet or any other form of global communication network cannot be guaranteed. Accordingly, the Company is not to any degree responsible or liable for the security of any information transmitted via the Internet, the accuracy of the information contained on the Website, or for the consequences of any reliance on such information. You must make your own determination as to these issues.
The Suppression Tool is provided “AS IS” and “AS AVAILABLE”. Please read Section 15 (Performance & Disclaimers).
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. SUBJECT TO THE TERMS OF THIS SECTION, YOU AND THE COMPANY AGREE THAT ANY AND ALL CLAIMS (AS THAT TERM IS DEFINED BELOW) THAT HAVE ARISEN OR MAY ARISE BETWEEN YOU AND THE COMPANY SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN IN COURT, ON AN INDIVIDUAL BASIS.
Except where prohibited by law or expressly provided below, you and the Company agree that all claims, disputes or controversies between you and the Company, its parents, affiliates, subsidiaries, related companies, predecessors in interest, successors or assigns and any and all of their respective directors, officers, employees and contractors, that have arisen or may arise, shall be resolved by the final and binding arbitration procedures and terms set forth in this section. This arbitration provision is intended to be broadly interpreted. Without limiting the foregoing, the parties agreement to arbitrate includes, but is not limited to, all claims, disputes or controversies relating to (i) the Website, the Services and Materials available on or through the Website, (ii) the display of information about you on the Website and Services and Materials, (iii) any transaction or relationship between us resulting from your use of our Website, communications between us, or use of the Services and Materials, including the Suppression Tool, (iv) the information provided in connection with the Suppression Tool, and the use of the Suppression Tool, (v) the issue of arbitrability, including the interpretation, applicability, enforceability, or formation of this arbitration agreement, whether any of the aforementioned claims arise in tort, contract, federal, state or local statute, law, order, ordinance, regulation or other basis, and whether such claims arose prior to your agreement to these Terms or may arise after your termination of your use of the Website, Services and Materials and the Suppression Tool (all collectively “Claims”).
THE PARTIES ACKNOWLEDGE AND AGREE THAT ANY SUCH CLAIMS SHALL BE BROUGHT SOLELY IN THE PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE PROCEEDING, OR PRIVATE ATTORNEY GENERAL CAPACITY AND IF THE ARBITRATOR CONCLUDES THE INDIVIDUAL PARTY SEEKING RELIEF IS ENTITED TO PREVAIL, THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELEIF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. You acknowledge that this PROVISION is material and essential to the arbitration of any Claims between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this PROVISION is limited, voided, or cannot be enforced, then the parties' agreement to arbitrate shall be null and void.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In the arbitration provided for in this provision, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury.
ANY CONTROVERSY CONCERNING THE VALIDITY, ENFORCEABILITY, REVOCABILITY AND SCOPE OF THIS AGREEMENT TO ARBITRABLE SHALL BE DETERMINED BY THE ARBITRATOR AND NOT BY THE COURT. THIS ARBITRATION CONTRACT IS MADE PURSUANT TO A TRANSACTION IN INTERSTATE COMMERCE AND ITS INTERPRETATION, APPLICATION, ENFORCEMENT AND PROCEEDINGS HEREUNDER SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”).
The following procedures shall apply to any arbitration conducted under this section:
A. Negotiate First. In the event a party wishes to proceed with binding arbitration, it shall provide written notice thereof to the other party by registered or certified mail and shall describe in such notice (“Notice of Dispute”), with reasonable particularity, the nature and basis of such Claim and the total amount of the Claim. Within thirty (30) days of receipt of such notice, the party receiving notice of a Claim shall provide a written response which, with reasonable particularity, sets forth its position concerning the Claim. If the parties are unable to resolve the dispute arising from the Claim by good faith negotiations to be conducted within the thirty (30)-day period following the written response, either of them may initiate binding arbitration pursuant to the terms and conditions set forth herein. This is a mandatory requirement prior to initiating any arbitration proceeding.
B. Arbitration Rules. The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”) and will be administered by the AAA. If the AAA is unavailable or refuses to arbitrate the parties’ dispute for any reason, the arbitration shall be administered and conducted by a widely-recognized arbitration organization that is mutually agreeable to the parties, but neither party shall unreasonably withhold their consent. The AAA Rules are available online at www.adr.org.
C. Location. Unless otherwise agreed, the arbitration shall take place in the city of the Company’s principal place of business, but may proceed telephonically if both parties agree or if the arbitrator deems it necessary.
D. Cost Sharing. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this agreement. The Company will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitrator may award reasonable documented attorneys' fees to the party that ultimately prevails.
E. Arbitrator’s Decision. The arbitrator will decide the substance of the Claims in accordance with the laws of the State of California, regardless of choice of law principles. The arbitrator will have the power to award a party any relief or remedy that the party could have received in court in accordance with the laws that apply to the Claims. The arbitrator’s award shall be final and binding, and judgment upon any award rendered by the arbitrator may be entered by a court of competent jurisdiction.
A. Small Claims. Notwithstanding the foregoing, either party may choose to pursue their Claims in small claims court (rather than arbitration) where jurisdiction and venue over the Company and you are proper, and where the claim does not include a request for any type of equitable relief, and so long as the matter advances on an individual (non-class) basis.
B. Temporary or Preliminary Injunctive Relief. Notwithstanding the foregoing, either party may seek temporary or preliminary injunctive relief in court. The proceeding shall be limited to determining the appropriateness of preliminary or injunctive relief only and only with respect to the claim for which such relief is sought. Any decision rendered by the court shall then be subject to review by the arbitrator should the seeking party pursue permanent injunctive relief or other Claims in arbitration.
Agreeing to this arbitration is not a mandatory condition of your contractual relationship with the Company. If you do not want to be subject to this arbitration provision, you may opt out. To do so send written notice of your decision to opt out to the address in Section 24. The opt-out notice must state that you do not agree to this agreement to arbitrate and must include your name, address, phone number and email address(es) provided when using the Website or Suppression Tool.
The required opt out must be sent within thirty (30) days of your first use of either the Website, the related Services and Materials, including the Suppression Tool, or if you are already a user of the Website, the related Services and Materials, including the Suppression Tool upon initial posting of this arbitration provision, within thirty (30) days of the posting of this arbitration provision. Any opt-out not received within the applicable thirty (30) day period set forth above will not be valid. For existing users bound by a prior arbitration provision with the Company for which they did not opt out, any opt out exercised within thirty (30) days of the posting of this arbitration provision, shall only apply to this arbitration provision. Your existing arbitration provision with the Company will remain in full force and effect. Moreover, neither your acceptance of this Agreement nor your decision to opt out of this arbitration provision will affect any obligation you have to arbitrate disputes not specified in this arbitration provision pursuant to any other agreement you have with the Company.
If you opt-out of the agreement to arbitrate, you and the Company agree that any Claims will be resolved by a state or federal court located in San Diego County, California, and you consent to the jurisdiction and venue of such court. Further, if you opt out of the agreement to arbitrate, you will remain bound by the Separate Class Action Waiver set forth below.
Separate and apart from the agreement to arbitrate set forth above and to the maximum extent permitted by law, the parties hereby independently waive any right to bring or participate in any class action, private attorney general action, or other representative action, however denominated, in any way for any Claims against the other.
YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST THE COMPANY, ITS AGENTS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND/OR ASSIGNS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING
All text, graphics, interfaces, photographs, audio, video, sounds, images, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Website, unless otherwise expressly indicated in writing, are owned, controlled, and licensed exclusively by the Company and/or its suppliers and are protected by United States and foreign laws including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided in these Terms, the Company does not grant any express or implied intellectual property or proprietary right to you or any other person. Accordingly, your unauthorized use of this Website may violate intellectual property or other proprietary rights laws of the United States and/or a foreign nation, as well as other laws, regulations, and statutes. The Website is Copyright © 2023 PeopleConnect and/or its licensors. All rights reserved. The Company also owns a copyright in the contents of the Website as a collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Website. Any downloadable or printable programs, information, or materials available through this Website and all intellectual property and/or proprietary rights related thereto, unless otherwise expressly indicated in writing, are owned exclusively by the Company and/or its suppliers. PeopleConnect and all other names, logos, and icons the Company, its affiliates and/or subsidiaries, and any of their events, programs, products, and/or services are owned exclusively by the Company, and any use of such marks without the prior express written permission of the Company is hereby strictly prohibited. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners.
In connection with the use of the Suppression Tool and except as otherwise provided in these Terms, you may not reproduce or allow others to reproduce materials on the Website, nor may you make them available electronically without our express written consent. You may not save or archive a significant portion of the material appearing on the Website. You may not attempt to alter or modify the content posted on the Website. Except as expressly set forth in these Terms, you may not copy, download, display, distribute, publish, enter into a database, perform, modify, create derivative works, transmit, post, decompile, reverse engineer, disassemble or in any way exploit any of our intellectual property or the Website itself.
Actual or attempted unauthorized use of the Website may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 or similar applicable state laws or common law theories of liability. The Company reserves the unqualified right to view, monitor, and record activity on the Website without any notice to or permission from you. Any information obtained by monitoring, reviewing, or recording your use of the Website is subject to review by law enforcement organizations in the sole and absolute discretion of the Company. The Company will also comply with all legally binding requests for such information including, without limitation, the provision of information pursuant to a court order. In addition to the foregoing, and in its sole and absolute discretion, the Company reserves the right, to at any time and without advance notice, modify, suspend, terminate, or temporarily interrupt operation of or access to the Website or any portion thereof.
The Company welcomes your honest feedback and suggestions about how to improve the Website and/or the Services and Materials of the Company. By transmitting any suggestions, information, material, or other content (collectively, “feedback”) to the Company, you represent and warrant that such feedback is honest and accurate, does not infringe, misappropriate, and/or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey such feedback to the Company. In addition, any feedback received through this Website will be deemed to include a royalty-free, irrevocable, transferable, sublicensable, non-exclusive right and license, for a period of ten (10) years, renewable at the Company’s option, for the Company to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby expressly waive any claim to the contrary.
The Company, in its sole and absolute discretion, may post the advertisements of third parties on this Website and/or feature materials, programs, events, products, and services provided by third parties. The Company makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third party materials, programs, events, products, and services or any other materials, programs, events, products, and services which you may access through such third party materials, products, and services. Your correspondence or any other dealings with third parties found on this Website are solely between you and such third party. The Company expressly disclaims responsibility and liability for all third party provided materials, programs, events, products, and services contained on or accessed through the Website, and you agree that the Company shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties’ materials, products, and/or services on this Website.
The Company may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating related information, products, and services. These other sites have not necessarily been reviewed by the Company and may be maintained by third parties over which the Company exercises no control. Accordingly, by selecting any such links you are proceeding at your own risk and the Company expressly disclaims any responsibility or liability, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with use of or reliance on any the content, materials, accuracy of information, and/or quality of the products or services provided by, available through, or advertised on these third party web sites. Moreover, these links do not imply an endorsement with respect to any third party or any web site or the products or services provided by any third party.
The Company will use commercially reasonable efforts to deliver the Services and Materials available on the Website; provided, however, you accept all Services and Materials and information "AS IS" and “AS AVAILABLE”. You acknowledge and agree that the Company is making the Services and Materials, including the Suppression Tool, available to you in its discretion and is under no legal obligation to do so. Using the Suppression Tool does not affect whether the information will be available from other sources, including the third-party sources of the information. In addition, even if you suppress your information, your name may continue to appear as a possible relative or associate in other individuals' reports, or in connection with certain features (for example, suppressing your data will not prevent you from appearing on registered sex offender lists). Due to the nature of public records information and how it is collected, subtle discrepancies in data may also make it difficult to remove everything associated with you. You understand that you may be restricted from accessing certain information and services which may be otherwise available. The Company expressly reserves the right to, modify and add materials and features to, and to discontinue offering any of the materials and features that are currently a part of its Suppression Tool.
The Suppression Tool also only applies to the suppression of Public Data displayed on the people search sites to which it applies, as those sites define that term. It does not apply to the User Data collected by those sites, as defined by those sites, nor does it apply to other sites in the PeopleConnect family, including Classmates.com. To exercise your available rights with respect to your User Data on those sites or other rights that may be provided by Classmats.com, please visit those sites directly.
EXCEPT AS OTHERWISE PROVIDED, THE WEBSITE, THE SERVICES AND MATERIALS AVAILABLE ON OR THROUGH THE WEBSITE, INCLUDING THE SUPPRESSION TOOL, ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY AUDIO, VISUAL, OR VIDEO CONTENT POSTED, MADE AVAILABLE THROUGH, OR ACCESSIBLE ON THE WEBSITE. MOREOVER, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE WEBSITE AND THE SERVICES AND MATERIALS AVAILABLE ON THE WEBSITE FOR ANY PURPOSE, AND EXCEPT AS PROVIDED ABOVE, EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY MAY IN ITS SOLE AND ABSOLUTE DISCRETION AND WITHOUT ADVANCE NOTICE MAKE MODIFICATIONS AND/OR CHANGES TO THE WEBSITE AND/OR THE SERVICES AND MATERIALS AVAILABLE ON THE WEBSITE AT ANY TIME. YOU ASSUME THE SOLE RISK OF USING AND/OR RELYING ON THE SERVICES AND MATERIALS AVAILABLE ON THE WEBSITE. THE REPRESENTATIONS AND PRODUCT DISCLAIMERS DESCRIBED ABOVE ARE INAPPLICABLE WHERE PROHIBITED BY LAW, INCLUDING NEW JERSEY.
Neither the Company, nor its subsidiaries and affiliates, nor any third-party data provider (for purposes of indemnification, warranties, and limitations on liability, the Company, its subsidiaries and affiliates, and its data providers are hereby collectively referred to as "Released Parties") shall be liable to you (or to any person claiming through you to whom you may have provided any data that you obtained from the Website), and you covenant not to sue the Released Parties, for any loss or injury arising out of or caused in whole or in part by the Released Parties' acts or omissions in providing, procuring, compiling, collecting, interpreting, reporting, communicating, or delivering the Services and Materials available on the Website to you. In no event shall the Released Parties be liable for any direct, indirect, incidental, or consequential damages, however arising, incurred by you from receipt or use of information delivered hereunder or the unavailability thereof.
In addition to the above, you expressly absolve and release the Released Parties from any claim of harm resulting from a cause beyond the Released Parties’ reasonable control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized use or access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE WEBSITE, THE SERVICES AND MATERIALS, INCLUDING THE SUPPRESSION TOOL; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY PRODUCT OBTAINED FROM OR THROUGH THE WEBSITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR PERSONALLY IDENTIFIABLE DATA; AND (D) ANY OTHER MATTER RELATING TO THIS WEBSITE OR THE OFFERINGS AVAILABLE ON THE WEBSITE. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, STATUTORY CLAIMS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN.
IN ADDITION, THE MAXIMUM LIABILITY OF THE RELEASED PARTIES TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE THE GREATER OF ONE-HUNDRED DOLLARS ($100.00) OR THE AMOUNT YOU HAVE PAID US IN THE TWELVE MONTHS PRIOR TO THE DATE ON WHICH YOUR CLAIM AROSE. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE THIS WEBSITE, THE SERVCIES AND MATERIALS, OR THE SUPPRESSION TOOL, MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. ACCESS TO THE WEBSITE AND THE SERVICES AND MATERIALS OFFERED ON THE WEBSITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE COMPANY'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Upon request by the Company, you agree to defend, indemnify, and hold harmless the Company and its affiliates, their employees, contractors, agents, representatives, shareholders, officers, directors, co-branders, content licensors, data providers and/or other partners from all liabilities, claims, and expenses, including, without limitation, attorney fees that arise from: (a) your use of the Website or the Services and Materials; and/or (b) your breach of these Terms and/or (c) use of information received by you (or any third-party receiving such information from or through you) furnished by or through the Website. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with the Company in asserting any available defenses. Notwithstanding anything in these terms to the contrary, this indemnity provision does not apply in New Jersey. The provisions of this section (Indemnity), Section 15 (Performance and Disclaimers) and Section 16 (Limitation of Liability) shall be enforceable by the Company, the Released Parties or other intended beneficiaries directly against you collectively or individually on their respective behalf.
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act and other applicable intellectual property laws. Responses may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of that Act. It is our policy to document all notices of alleged infringement on which we act.
Please refer to the following detailed instructions which must be followed to protect your rights under the Digital Millennium Copyright Act. Please send all written communications relating to copyright issues to [email protected].
A. To file a notice of infringement with us, you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
Your communication must include substantially all of the following:
The administrator of an affected site or the provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question.
To file a counter notification with us, you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney. To expedite our ability to process your counter notification, please use the following format (including section numbers):
Your communication must include substantially the following:
These Terms have been made in and will be construed and enforced in accordance with the laws of the State of California without regard to its principles of conflicts of laws. Regardless of any applicable law to the contrary, any claim or cause of action arising out of or related to the Website, or the use of the Website, must be brought within one year after such claim or cause of action arose. A printed version of these Terms and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms, the Website or the Services and Materials, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. These English-language Terms are the Company’s official agreement with users of this Website. In case of any inconsistency between these English-language Terms and its translation into another language, this English-language document controls. The Website is controlled and operated by the Company from its offices and facilities within the United States. The Company makes no representation that the Website is appropriate or available for use in other locations, and access to the Website from territories or nations where any aspect of the Website is illegal is hereby expressly prohibited. You access the Website solely on your own volition and are responsible for compliance with all applicable local laws.
Failure to insist on strict performance of any of the terms and conditions of these Terms will not operate as a waiver of any subsequent default or failure of performance. No waiver by the Company of any right under these Terms will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision drafted and provided by the Company in its sole and absolute discretion that most clearly matches the intent of the original provision, and the remainder of these Terms shall remain enforceable and continue in effect.
You acknowledge and agree that by agreeing to this Agreement electronically you are expressly agreeing to the terms set forth herein. You acknowledge and agree that by affixing your electronic signature you are submitting a legally binding electronic signature and entering into a legally binding contract. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by the terms of this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, 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 THROUGH THE PRODUCTS OFFERED BY THE OPERATOR OF THE WEBSITE.
If you have any questions about these Terms, please feel free to contact us at (888) 241-1655, email us at [email protected].
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