3. Restrictions. You may NOT: (a) reproduce, duplicate, copy, sell, resell, reverse-engineer, distribute, alter, modify, disassemble, decompile, transmit, lease, transfer, assign, or publicly display any portion of this Website, including but not limited to intellectual property, goods, or Services provided, or create derivative works of any portion of this Website; (b) circumvent, disable or otherwise interfere with security-related features of this Website or features that prevent or restrict use or copying of any content or enforce limitations on use of this Website or the content therein; (c) gain unauthorized access of this Website’s content through any technology or any unauthorized means other than user interaction expressly invited on this Website itself; (d) use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses this Website in a manner that sends more request messages to this Website’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line Web browser (notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials; however, we reserve the right to revoke these exceptions either generally or in specific cases); (e) collect or harvest any personally identifiable information, including account names, from this Website, nor to use the communication systems provided by this Website (e.g. comments, email) for any commercial solicitation purposes; (f) solicit, for commercial purposes, any users of this Website with respect to their submissions; (g) use this Website for any illegal purpose; or (h) use or otherwise exploit this Website for any commercial use, where prohibited commercial use includes any of the following actions taken without our express written approval: (i) sale of access to this Website or its related services on another website; (ii) use of this Website or its related services for the primary purpose of gaining advertising or subscription revenue; (iii) the sale of advertising, on this Website or any third-party website, targeted to the content of web site content; (iv) altering or modifying another website to falsely imply that it is associated with this Website; and (v) any use of this Website or its related services that we find, in our sole discretion, to use our resources or user submissions with the effect of competing with or displacing the market for this Website content or any products or services featured on this Website, or its user submissions.
You also agree to NOT use this Website to:
- publish, upload, post, email, transmit or otherwise make available any content that (a) you do not have the right to make available (b) is unlawful, harmful, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable; (c) infringes any intellectual property rights of any party, (d) includes any unsolicited or unauthorized advertising, promotional materials, surveys, junk mail, spamming, chain letters, or any other form of solicitation, commercial or otherwise, or (e) contains a software virus, Trojan horse, worm, time bomb, cancelbot, corrupted file, or any other computer file or software designed to interrupt, destroy, damage or limit the functionality of any computer hardware, software or other property;
- defame, harass, abuse, stalk, threaten or violate the legal rights of others such as rights of privacy and publicity;
- impersonate any person or entity, including, but not limited to, an official of ours, an employee of ours, or any other third party, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge email headers or otherwise manipulate identifiers in order to disguise the origin of any content;
- violate any applicable local, state, national or international law or regulations;
- harvest, collect, or store personal information or data of other users of this Website; or
4. Third-Party Websites. This Website may contain links to third-party websites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. We shall not be directly or indirectly responsible or liable for any damage or loss caused or alleged to be caused by or in connection with your use of any such linked third-party website or your reliance on any content, goods or services available on or through any such linked third-party website.
5. Accounts. In order to access some features of this Website, you may have to create an account. You may never sign on under another user's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We will not be liable for any losses caused to you by any unauthorized use of your account. However, you may be liable for the losses by us or of other parties due to such unauthorized use. You represent that the personal information you provide to us via this Website is true, valid, complete, and up-to-date in all respects and you are responsible for ensuring that your password and account login are kept secret, safe, and secure at all times.
6. Confidential Information. You agree not to provide us or other users of this Website with any confidential or proprietary information that you or the owner of the information do not intend to become public information. Any content that you send or upload to this Website will be deemed NOT to be confidential or proprietary, and you expressly agree that you waive any trade secret or other confidentiality rights with respect to such uploaded content. You understand that the technical processing and transmission of any Website content and your content may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent to or from this Website will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to us via this Website or the Internet, including, for example, personal information such as your name or address.
8. Intellectual Property. All trademarks shown on this Website are the property of their respective owners. Net Promoter System®, Net Promoter Score®, NPS® and the NPS-related emoticons are registered trademarks of Bain & Company, Inc., Fred Reichheld and Satmetrix Systems, Inc. Talentric® and Search Augmentation® are registered service marks of, or are used with permission by, Talentric. The absence of a trademark notice or legend indicating the registration or ownership by us anywhere in the text of this Website does not constitute a waiver of our trademark or other intellectual property rights concerning that service mark used or referenced on this Website. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours without our express prior written consent. Nothing contained on this Website shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent. We reserve all rights not expressly granted in and to the content of this Website. You are also advised that we and/or our licensee(s) will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution. By transmitting or uploading content to this Website, you grant us a perpetual, unlimited, irrevocable, royalty-free, worldwide license to: use, reproduce, adapt, display, perform, modify, transmit, translate, distribute, and create derivative works of the content; to make, have made, offer to sell, sell, lease, or otherwise distribute any content or product; and to practice any method, embodying such content (including the right to sublicense any of the foregoing). You further represent and warrant to us that you have the right, title, and/or authority to grant such license to us. We respect the intellectual property of others, and we ask our users and content partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner’s rights. As a condition to your use of this Website, you agree not to use this Website to infringe the intellectual property rights of others in any way. We reserve the right to terminate the accounts of any users, and block access to this Website of any users who are repeat infringers of the copyrights, or other intellectual property rights, of others. We reserve the right, in our sole discretion, to take these actions to limit access to this Website and/or terminate the accounts of any time, in our sole discretion users who infringe any intellectual property rights of others, whether or not there is any repeat infringement, with or without notice, and without any liability to the user who is terminated or to the user whose access is blocked. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via this Website, please notify our copyright agent at firstname.lastname@example.org, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on this Website;
- Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under the penalty of perjury, that the submitted above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
10. Policy for Idea Submission. By submitting through this Website ideas or suggestions for products or services to be used by us, either independently of, or in conjunction with, our internally developed concepts, you irrevocably assign any intellectual property rights in such ideas or suggestions to us and such ideas or suggestions will be owned by us. If you intend to retain any intellectual property rights in your ideas and suggestions (patent, trade secrets, copyright, trademark, etc.), please do not submit them to us without our prior written approval.
11. Warranty Disclaimer. THIS WEBSITE AND ITS CONTENT ARE BEING PROVIDED TO YOU AS IS AND YOU AGREE THAT YOUR USE OF THIS WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SHAREHOLDERS, REPRESENTATIVES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS WEBSITE AND YOUR USE THEREOF. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF ANY USER GENERATED CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THIS WEBSITE BY ANY THIRD-PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THIS WEBSITE OR ANY HYPERLINKED WEBSITE OR WEBSITE 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 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.
The limitations of liability in this Section 12 are part of the basis of the bargain between you and us and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law) even if we or our affiliates have been told of the possibility of any such damage, and even if these remedies fail their essential purpose.
13. General Representation and Warranty. In addition to any representations elsewhere in the Agreement, you represent and warrant that (i) your use of this Website will be in strict accordance with the Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of this Website will not infringe or misappropriate the intellectual property rights of any third party.
Revised Date: 16 February 2021