#YohanesTech: Terms & Conditions of Use
Terms & Conditions of Use by YohanesTech and Products of the YohanesTech Group.
Your use of or access to this product [website (the “Web Site”) and/or mobile app (the “Mobile App”)] constitutes your agreement to be bound by these terms and conditions of use.
The Web Site (and/or Mobile App) is a service made available by YohanesTech Group. (“Provider”) and all content, information, services and software ordered or provided on or through this Web Site, in whole or in part (“Content”) may be accessed, utilized or used manually or programmatically (“Use” or “Used” by a “User”) only under the following terms and conditions (“Terms and Conditions of Use”).
1. Product (Web Site or Mobile App) Limited License. As a User of this Product you are granted a nonexclusive, nontransferable, revocable, limited license to access and Use this Web Site and Content in accordance with these Terms and Conditions of Use. Provider may terminate this license and discontinue your use of this Web Site and the Content at any time for any reason.
1.2 Some of Provider’s services function as online bulletin boards for third party service providers to list their services, including without limitation the Graphiq Care section (collectively “Listing Services”.) Listing Services are only offered on condition of your acceptance of certain Additional Terms and Conditions of Service (“ATOS”), available at bottom of these Terms of Service. Your use of Listing Services constitutes your agreement to all ATOS.
1.3 You must be 18 years old and able to form a legally binding contract to be eligible to use the Web Site or any of Provider’s services.
2. Limitations on Use; Third Party Communications; Social Network Platforms.
2.1 Limitations on and Scope of Use. The Content on this Web Site is for your personal Use only and not for commercial exploitation, enhancement, verification or validation. Notwithstanding the foregoing and to the extent this Web Site provides electronic commerce, such buying opportunities may be made available for group as well as personal purchasing, so long as you are authorized to make purchases on behalf of such group.
Provider grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to:
(i) display and use the Provider embeddable visualizations (which, for the avoidance of doubt, constitute Content) on your domains; and
(ii) install and use the Provider Visual Search Plugin.
You will not remove, distort or alter any element of the Provider embeddable visualizations and/or the links contained therein. You will not display Provider embeddable visualizations on a site that violates any law or regulation or in a manner that is misleading, defamatory, infringing, libelous, disparaging, or obscene
2.1b Terms and Conditions of Use.
You may not Use the Web Site and/or any Content to:
1. Conduct commercial or promotional activities or sales efforts without prior written consent.
2. Provide content related to gambling, including without limitation any online casino, sports books, bingo or poker.
3. Provide or facilitate illegal contests, pyramid schemes, sweepstakes or chain letters.
4. Infringe upon the rights of any third party, including intellectual property rights, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent.
5. Copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of this Web Site, except to the extent permitted above or with prior written consent from Provider.
6. Manually extract, decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Web Site or the Content without prior written consent from Provider.
7. Determine the site architecture or to extract data or information about usage, individual identities or users, via use of any network monitoring or discovery software or otherwise.
8. Monitor, copy, scan, review, index, mirror, ping or validate our Web Site or the Content without Provider’s prior written permission, via robot, spider, other automatic software or device, process, approach or methodology, manual or otherwise (methods such as web scraping, harvesting, data extraction, data validation or verification are prohibited).
9. Contribute content that contains restricted access mechanisms, hidden content of any kind, or utilize SQL injection or cross site scripting methods.
10. Transmit any computer virus, worm, defect, Trojan Horse, or any other item of a destructive nature, or to upload any virus or malicious code.
11. Transmit any false, misleading, fraudulent or illegal communications, information or data.
12. Phishing, spoofing, illegal or fraudulent activity or to violate laws in your jurisdiction.
13. Access unauthorized information.
14. Solicit information from minors or to harm or threaten to harm minors.
15. Attack, threaten violence, stalk, harass, incite, harm, or intimidate any other user, person or organization, or to engage in any other threatening behavior.
16. Transmit or post any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, fraudulent, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable, for example, any materials containing slurs, hate speech or which attack an individual or group on the basis of race, color, religion, national origin, or sexual preferences.
17. Transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam (sending the same message multiple times or to multiple people will be treated as spam), chain letters, contests, pyramid schemes, surveys, or any other form of solicitation or mass messaging, whether commercial in nature or not.
18. Export or re-export this Web Site or any portion thereof, or the Content in violation of the export control laws and regulations of the United States of America.
2.2. Third Party Communications. As used herein, Third Party Communications means any communications directed or related to you from any third party directly or indirectly. Provider disclaims all liability for any communications you may receive from any third party or any actions you may take or refrain from taking as a result of any Third Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third Party Communications. Provider assumes no responsibility for verifying and makes no representations or warranties regarding the identity or trustworthiness of the source or content of any Third Party Communications.
2.3 Third Party Platforms. It may be possible to access the Web Site via a third party social network, email service, etc. including but not limited to Facebook or Facebook Connect (“Third Party Platforms”). Access to the Web Site via a Third Party Platform may only be granted, once you explicitly allow it, through an interface provided by the Third Party Platform. Third Party Communications then may be allowed via the Third Party platform.
If you access the Web Site via a Third Party Platform then certain activity or actions you take on the Web Site may be viewable as a “story” or a feed on that Third Party Platform, and thus may be searchable or viewable in other online locations also. You may be able to control or change the “stories” that can be published on the Third Party Platform by modifying your settings on that site. We have no control over and are not liable for Third Party Communications or for use of any Third Party Platform, including without limitation the feeds published by Third Party Platforms.
If you access the Web Site via a Third Party Platform then all data collected, accessed or stored from that third party, or content shared back to or used by that third party, will be collected, shared or used in compliance with the terms and policies of that Third Party Platform and Provider shall have no liability for any data collected, accessed or stored by such third party.
As we do not have control over the user interface provided by Third Party Platforms, we do not take any responsibility for any changes or problems with the interface or exchange of information provided by any of them. We have no control over the privacy policies of Third Party Platforms. Neither do we have any control over or responsibility for the information or content collected by such websites and platforms. If you access the Web Site through a Third Party Platform then we encourage you to become familiar with the privacy policies and practices of that site or platform.
3. Not Professional Advice. Content is not intended to and does not constitute legal, medical, financial or any other professional advice. There is no attorney-client, doctor-patient or other professional relationship, nor is anything submitted to this Web Site treated as confidential. The accuracy, completeness, adequacy or currency of the Content is not warranted or guaranteed. Your Use of Content on this Web Site or of materials linked from this Web Site is at your own risk.
4. Intellectual Property Rights. Except as expressly provided in these Terms and Conditions of Use, nothing contained herein shall be construed as conferring any license, ownership or other property right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that the Content and Web Site are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Graphiq, the Graphiq logo and all other Provider trademarks, service marks, product names, and trade names of Provider appearing on or in conjunction with this Web Site or Service are owned by Provider. Provider makes no representations as to the ownership and respective rights of any logos, trademarks, service marks, product names, and trade names of entities listed on this Web Site. Provider does not grant you the right to use or display any trademark, service mark, product name, trade name or logo appearing on this Web Site without the respective owner’s prior written consent. For further information see Copyright Notice.
4.1 The source of the Neighborhood data points include LPS, The Nielsen Company 2014, Maponics Inc., and The US Census Bureau. The Information is deemed reliable but not guaranteed. Maponics School Boundaries, Maponics Neighborhood Boundaries, Maponics Subdivision Boundaries, and Maponics Context Maponics 2014 Duplication is Strictly Prohibited. www.maponics.com
4.2 Provider does not guarantee that your use of any data or Content meets the requirements of any applicable local, state, federal or international law, rule or regulation related to the usage of contact data including, but not limited to, wireless suppression lists, wireless domain lists, commercial e-mail laws, telemarketing laws and “Do-Not-Call” lists. Certain contact data has not been obtained directly from the data subjects and that the data subjects have not opted in or otherwise expressly consented to having their information sold for marketing purposes. You shall use good faith efforts to communicate to Provider all complaints, inquiries and opt-outs (“requests”) made by any data subject with respect to the data. For purposes of clarification, you shall only provide notice to Provider if a data subject requests the identity of the original source of the database. You shall not need to inform Provider of data subject requests to be removed from your own marketing campaigns.
5. Digital Millennium Copyright Act – Notification of Alleged Copyright Infringement. Provider has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the “Act”) and avails itself of the protections under the Act. Provider reserves the right to remove any Content that allegedly infringes another person’s copyright. Provider reserves the right to terminate, in its sole discretion, subscribers and account holders of the Provider’s system or network who are repeat infringers of another person’s copyright. Notices to Provider regarding any alleged copyright infringement should be directed to:
157 Adelaide Street West, # 825.
Toronto, ON M5H 4E7.
If you are a copyright owner, or authorized to act on behalf of a copyright owner or pursuant to any exclusive right under copyright, report your claim of infringement by completing the following form below and delivering it to the above contact.
Filing a Notice of Alleged Copyright Infringement
The following information must be submitted to Provider in the form of a fax, written letter or email:
1. Identify and provide a brief description of the copyrighted work(s) that you believe has been infringed upon;
2. Sufficiently identify the content you believe is infringing, and include (if possible) the URL of the page on the Provider site in which the material can be found;
3. Provide Provider with sufficient contact information, including your full legal name, e-/mailing address and telephone number;
4. The following statements must be included in the notice of alleged copyright infringement:
“I hereby declare that I belief in good faith that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.”
“I hereby swear that the claimed information is accurate to the best of my knowledge and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that has been infringed.”
“I give my permission to pass my contact information to the alleged infringing party.”
If the content in dispute originates from a third party site or source, please provide us notification as to which of the following apply:
Display and/or access to the material on the originating site have been disabled.
Under court order, the material be removed from the originating site.
Under court order, access to the material on the originating site is disabled.
Provide the copyright owner’s full legal name and their electronic or physical signature. If the owner is not able to sign, include the signature of a person authorized to do so.
Note: The DMCA provides that you may be liable for damages if you falsely claim that information on the Web Site infringes your copyright.
For further information see Copyright Notice.
6. Linking to this Web Site. You may provide links to this Web Site, provided (a) you do not remove or obscure, by framing or otherwise, any portion of the web pages, including its advertisements, the Web Site brand, the Terms and Conditions of Use, the Copyright Notice, or other notices on this Web Site without prior written consent from Provider, and (b) you discontinue providing links to this Web Site if requested by Provider.
7. License of Your Content to Provider. By posting, publishing, uploading, or distributing any data, information, text, graphics, links, messages, reviews, content, or other materials (collectively, “Postings”) for use on this Web Site, you grant (or warrant that the owner of such rights has expressly granted) Provider a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license, with the right to sublicense, to use, modify, reproduce, publish, adapt, publicly perform, publicly display, digitally display and digitally perform, translate, create derivative works from and distribute such Postings or incorporate such Postings into any form, medium, or technology now known or later developed throughout the universe. You agree that you shall have no recourse against Provider for any alleged or actual infringement or misappropriation of any proprietary right in Postings you provide to Provider.
8. Relationship of Provider and You. You are an independent third party to this Web Site, and nothing in this Agreement will create or represent that there is any partnership, joint venture, agency, franchise, sales relationship, or employment relationship between us. You will have no authority to make or accept any offers or representations on our behalf.
9. No Solicitation
9.1 You shall not distribute on or through this Web Site any Postings or presentations of data containing any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization without the express written permission of the Provider; such tools and mechanisms for such promotion, as defined in Section 10 below, create the single exception to this provision. Notwithstanding the foregoing, in any interactive areas of this Web Site (the “Interactive Areas”), which includes, without limitation, any blogs, reviews, wikis, bulletin boards, reviews, discussion boards, chat rooms, email forums, and question and answer features, where appropriate you a) may list along with your name, address and email address, your own web site’s URL and b) may recommend third party web sites, goods or services so long as you have no financial interest in and receive no direct or indirect benefit from such recommended web site, product or service or its recommendation. In no event may any person or entity solicit anyone with data retrieved from this Web Site.
9.2 Members of Provider and any affiliated sites including white label partners are prohibited from engaging in any solicitation activities in California that refer potential customers to retailers including, but not limited to, distributing flyers, coupons, newsletters and other printed promotional materials or electronic equivalents, verbal soliciting (for example, in-person referrals), initiating telephone calls, and sending emails.
10. Advertisers. In consideration for the rights granted to you under these Terms and Conditions of Use, you grant Provider the right to provide advertising and other information to you. Advertisements may appear on this Web Site or in any Content. Your business dealings or correspondence with, or participation in promotions of, advertisers, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Provider is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Web Site or in any Content.
11. Registration. Certain sections of this Web Site require you to register. If registration is requested, you agree to provide accurate and complete registration information. It is your responsibility to inform Provider of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. Provider does not permit a) anyone other than you to use the sections requiring registration by using your name or password; or b) access through a single name being made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorized Use. If you believe there has been unauthorized Use, you must notify Provider immediately by emailing us here. However, you understand that by registering with this website, you may receive regular updates regarding new Applications launched, information regarding Listings and Applications you have visited, shown an interest in and/or added to the system or modified at some time. At any time, you may request to unsubscribe and we will permanently remove you from our registered list of subscribers. To unsubscribe, click here.
12. Postings in interactive areas of the Web Site.
12.1. Postings to be Lawful. If you participate in Interactive Areas on this Web Site, you shall not post, publish, upload or distribute any Postings which are unlawful or abusive in any way, including, but not limited to, any Postings that are defamatory, libelous, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law, or the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the California Stock Exchange, the American Stock Exchange, or the NASDAQ, either intentionally or unintentionally. Provider may delete your Posting at any time for any reason without notification of or permission from you.
12.2. Postings to be in Your Name and Accurate Identity. Your Postings shall be accompanied by your real name and shall not be posted anonymously. Notwithstanding the previous sentence, if the applicable registration page for your participation in an Interactive Area allows you to create a screen name, you may select and use a screen name that is not your real name, provided that you use your real name when registering for participation in the Interactive Area. Participants in Interactive Areas shall not misrepresent their identity or their affiliation with any person or entity.
12.3. No Monitoring of Postings. Provider has no obligation to monitor or screen Postings and is not responsible for the content in such Postings or any content linked to or from such Postings. Provider however reserves the right, in its sole discretion, to monitor Interactive Areas, screen Postings, edit Postings, cause Postings not to be posted, published, uploaded or distributed, and remove Postings, at any time and for any or no reason without notification of or permission from you.
12.4. Non-Commercial Use only of Interactive Areas. Any Interactive Area is provided solely for your personal Use. Any unauthorized Use of any Interactive Area of this Web Site, its Content, or Postings is expressly prohibited.
13. Errors and Corrections. Provider does not represent or warrant that this Web Site or the Content or Postings will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Provider does not warrant or represent that the Content or Postings available on or through this Web Site will be correct, accurate, timely, or otherwise reliable. Provider may make improvements and/or changes to its features, functionality or Content or Postings at any time.
15. Attorney Ethics Notice. If you are an attorney participating in any aspect of this Web Site, including but not limited to Interactive Areas, you acknowledge that the Rules of Professional Conduct of the jurisdictions where you are licensed (“Rules”) apply to all aspects of your participation and that you will abide by these Rules. These Rules include, but are not limited to, the rules relating to advertising, solicitation of clients, unauthorized practice of law, and misrepresentations of fact. Provider disclaims all responsibility for your compliance with these Rules. You further agree and acknowledge that when you participate in any Interactive Area on this Web Site, that you will not offer legal advice, but will only provide general information.
16. DISCLAIMER. THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, AND POSTINGS ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROVIDER DOES NOT WARRANT THAT THIS WEB SITE OR THE CONTENT IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. PROVIDER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, AND THE POSTINGS INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY PLATFORMS, WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEB SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (D) THE UNAVAILABILITY OF THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, THE POSTINGS, OR ANY PORTION THEREOF, (E) YOUR USE OF THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, OR THE POSTINGS, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, OR THE POSTINGS.
17. LIMITATION OF LIABILITY. PROVIDER SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS WEB SITE, THE CONTENT, THE POSTINGS, THE INTERACTIVE AREAS, ANY FACTS OR OPINIONS APPEARING ON OR THROUGH AN INTERACTIVE AREA, OR ANY THIRD PARTY COMMUNICATIONS. PROVIDER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, THE POSTINGS, OR ANY THIRD PARTY COMMUNICATIONS.
18. Indemnification. You agree to indemnify, defend and hold Provider, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Web Site harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions of Use by you or arising from or related to any Postings or Content uploaded or submitted by you.
19. Third Party Rights. The provisions of paragraphs 16 (Disclaimer), 17 (Limitation of Liability), and 18 (Indemnification) are for the benefit of Provider and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Web Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its/their own behalf.
20. Unlawful Activity. Provider reserves the right to investigate complaints or reported violations of our Terms and Conditions of Use and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
21. Remedies for Violations. Provider reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions of Use, including but not limited to the right to block access from a particular internet address to this Web Site and any other Provider web sites and their features.
You and Provider shall select the arbitrator, and if you and Provider are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the American Arbitration Association shall select the arbitrator. Arbitration shall not commence until the party requesting it has deposited the necessary and required deposit with the office of the arbitrator for the arbitrator’s fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator’s fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.
Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and Provider and your and Provider ‘s respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either you or Provider be entitled to punitive, special, indirect or consequential damages and both you and Provider hereby waive your and Provider ‘s respective rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue, value or business. Should a dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Provider, jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Santa Barbara County, California.
Additional Terms and Conditions of Service
YOUR USE OF OR ACCESS TO THE LISTING SERVICES CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE ADDITIONAL TERMS AND CONDITIONS OF SERVICE.
LISTING SERVICES ARE ONLINE BULLETIN BOARDS
The Listing Services are online venues or bulletin boards that allow for users seeking services and/or users supplying services to connect and communicate. The Web Site is not an employment or other agency for any of the third party service providers who promote themselves via the Listing Services. Other than providing the Web Site, Provider does not take part in the interaction between users seeking services and users supplying services. Users do hereby represent, understand and expressly agree that Provider does not have control over the quality, timing, legality or any other aspect whatsoever of the services delivered by Listing Services suppliers, nor of the integrity, responsibility or any of the actions whatsoever of the users seeking services.
Provider is not a party to any agreement regarding third party services or otherwise entered into between any users of the Web Site. Any issues concerning the services received by the user seeking services or payment due to the user supplying services must be resolved directly by them. Provider will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages, direct or indirect, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such issues. By using the Web Site, you represent, understand, and expressly agree to hold Provider harmless for any claim or controversy that may arise from any disputes between you and any other user(s) of the Web Site.
PROVIDER DOES NOT CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS USERS, DOES NOT INQUIRE INTO THE BACKGROUNDS OF ANY OF ITS USERS, AND DOES NOT ATTEMPT TO VERIFY THE STATEMENTS OR REPRESENTATIONS OF ITS USERS. However, Provider reserves the right, but is not obligated, to conduct any criminal background check or to verify your representations and warranties herein, at any time and using any available public records, to confirm your compliance with this subsection. Additionally, Provider reserves the right to take action it deems appropriate in its sole discretion, including but not limited to terminating your access to the Web Site and/or Listing Services, should it determine, in its sole opinion, that you have violated any representation or warranty or any other provision of the Terms and Conditions of Use, including without limitation the ATOS.
NOTWITHSTANDING THE FOREGOING, PROVIDER DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY ANY USERS OF THE WEB SITE AND/OR LISTING SERVICES. USERS DO HEREBY REPRESENT, UNDERSTAND AND AGREE TO HOLD PROVIDER HARMLESS FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY ANY USERS OF THIS SITE OR SERVICE.
USE OF THE WEB SITE
By using the Web Site, you acknowledge that you are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the Web Site; (ii) the information and content you post, transmit, publish, or otherwise make available through the Web Site; and (iii) your interactions, both online and offline, with other users of the Web Site. You must be 18 years old and able to form a legally binding contract to be eligible to use the Listing Services. is The Listing Services are currently available only to United States citizens and/or any individuals who are legally in the jurisdiction of the United States and may legally work within its jurisdiction. By requesting to use, registering to use, and/or using the Listing Services, you represent and warrant that you have the right, authority and capacity to agree to these Terms and Conditions of Use and you commit to abide by all of the terms and conditions hereof.
By requesting to use, registering to use, and/or using the Listing Services you represent and warrant that you and each member of your household have never been the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others. By requesting to use, registering to use, and/or using the Web Site, and/or Service you represent and warrant that you have not been and are not currently required to register as a sex offender with any government entity.
YOU ASSUME ALL RISK WHEN USING THE WEB SITE AND SERVICE, INCLUDING BUT NOT LIMITED TO ALL OF THE RISKS ASSOCIATED WITH ANY ONLINE OR OFFLINE INTERACTIONS WITH OTHERS, INCLUDING CONTRACTING FOR OR SUPPLYING SERVICES OF ANY NATURE. PROVIDER DOES NOT ASSUME ANY RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION PROVIDED BY USERS SEEKING SERVICES OR USERS SUPPLYING SERVICES AS LISTED ON THIS WEB SITE. PROVIDER DOES NOT ASSUME AND EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY RESULT FROM THE USE OF THIS INFORMATION. PROVIDER IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEB SITE OR SERVICE. IN NO EVENT SHALL PROVIDER BE, AND YOU EXPRESSLY AGREE NOT TO HOLD PROVIDER, OR PROVIDER’S OFFICERS, DIRECTORS, INVESTORS, SUBSIDIARIES, AGENTS, ASSIGNEES, REPRESENTATIVES, ADVERTISERS, MARKETING PARTNERS, LICENSORS, INDEPENDENT CONTRACTORS, RECRUITERS, CORPORATE PARTNERS, OR EMPLOYEES, LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE WEB SITE OR SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR ENCOUNTERS WITH OTHER USERS OF THIS WEB SITE OR PERSONS YOU MEET THROUGH THIS WEB SITE AND PROVIDER AND PROVIDER’S OFFICERS, DIRECTORS, INVESTORS, SUBSIDIARIES, AGENTS, ASSIGNEES, REPRESENTATIVES, ADVERTISERS, MARKETING PARTNERS, LICENSORS, INDEPENDENT CONTRACTORS, RECRUITERS, CORPORATE PARTNERS, OR EMPLOYEES EXPRESSLY DISCLAIM ANY LIABILITY WHATSOEVER FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN THEREFROM.
YOU AGREE TO TAKE ALL AVAILABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE WEB SITE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
YOU UNDERSTAND THAT PROVIDER MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING INDIVIDUALS YOU MEET THROUGH THE WEB SITE, AS TO THEIR CONDUCT, OR AS TO THE QUALITY OF SERVICE THEY PROVIDE. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER USERS. As Provider does not verify any of the information users provide to the Service, each user should consider whether to perform thorough background and reference checks before engaging in hiring or employment.
BY USING THIS SITE, YOU AGREE TO REPORT ANY ALLEGED IMPROPRIETIES OF ANY USERS TO PROVIDER IMMEDIATELY BY NOTIFYING PROVIDER OF THE SAME VIA EMAIL.
Provider does not guarantee results or that you will find an employer or employee using the Web Site. Provider does not guarantee any user’s ability or desire to communicate with any other user. Provider makes no representations about the suitability, reliability, timeliness, or accuracy of the services provided by service suppliers or seekers through the Web Site whether in public, private or offline interactions. Provider does not assume any liability for the performance or background of any user or the Web Site or Listing Services. The Web Site is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Provider is not responsible for third party access to your account that results from theft or misappropriation of your usernames and passwords. Registration for, and use of, the Web Site are void where prohibited. To the extent that the services provided by the Web Site are not legal in your jurisdiction, you may not use the Web Site. The Web Site may not be used where prohibited by law.
Users should monitor children’s use of the Internet. The Web Site and Listing Services are intended only for people 18 or over. Provider will not knowingly collect any information from children under 13. You must identify your age during the registration process. Provider takes the Children’s Online Privacy Protection Act of 1998 (COPPA) as well as all FTC regulations very seriously. Provider does not assume any responsibility for any misrepresentations regarding your age or parental consent when using this Web Site or Listing Services. Provider reserves the right to terminate your access to the Listing Services and/or Web Site if it determines that you provided any false information regarding your age, or otherwise, when registering to use, or using this Web Site.
Graphiq.com has financial relationships with some of the cards mentioned here, and Graphiq.com may be compensated if consumers choose to apply for these links in our content and ultimately sign up for them.
Revised on February 13, 2017.