Scalability Solutions reserves the right to revise this Agreement in its sole discretion at any time and without prior notice to you other than by posting the revised Agreement on this Site. Any revisions to this Agreement are effective upon posting. This Agreement will be identified as of the most recent date of revision. It is incumbent upon you to visit this page periodically to ensure your continued acceptance of this Agreement. Your continued use of this Site or Services after a revised version of this Agreement has been posted by Scalability Solutions to this Site constitutes your binding acceptance of such revision and the revised version of this Agreement. Notwithstanding the preceding sentences of this paragraph, no revisions to this Agreement will apply to any dispute between you and Scalability Solutions that arose prior to the date of such revision.
BY ENTERING THE SITE OR PURCHASING OR UTILIZING ANY PRODUCT OR SERVICE YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE TERMS SET FORTH BELOW, YOU MAY NOT USE THIS SITE AND YOU SHOULD EXIT THIS SITE IMMEDIATELY.
1. SERVICES AND ACCESS.
Scalability Solutions provides a number of Internet-based services through this Site, including, but not limited to, employment recruitment support, employment onboarding and training, and managerial counseling (all such services, collectively, the "Services").
To access this Site, Site resources, links or other content, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information you provide will be correct, current, and complete. If Scalability Solutions believes the information you provide is not correct, current, or complete, Scalability Solutions has the right to deny access to this Site or to any of its resources, and to terminate or suspend your access at any time.
2. USE OF SITE AND SERVICES.
Scalability Solutions will only knowingly provide the Services to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 16 years of age, you may use the Services only under the supervision of a parent or legal guardian who agrees to be bound by this Agreement. The Services are not intended for children under the age of 16.
You must comply with all of the terms and conditions of this Agreement, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the Services and this Site.
Scalability Solutions and its licensors solely and exclusively own all intellectual property and other right, title and interest in and to the Services and Site, except as expressly provided for in this Agreement. You will not acquire any right, title or interest therein under this Agreement or otherwise.
Scalability Solutions grants you a limited revocable license to access and use this Site and the Services for its intended purposes, subject to your compliance with this Agreement. This license does not include the right to collect or use information contained on this Site for purposes prohibited by Scalability Solutions; or, create derivative works based on any third party content available via this Site (which must be agreed to in a separate agreement). If you use this Site in a manner that exceeds the scope of this license or breach this Agreement, Scalability Solutions may revoke the license granted to you.
Scalability Solutions may obtain personal information about you from various sources, including when you visit the Site, engage us for any Service, visit our social media, subscribe to a newsletter, fill out a form, make payment, or in connection with other features we make available on the Site. You understand and agree that Scalability Solutions may collect your personal information, such as your name, address, email address, age, gender, IP address, username and password, and payment information.
You hereby understand and agree that in order to process certain orders, make website improvements, improve marketing, or perform any other services related to Scalability Solutions, Scalability Solutions may share your personal information from time to time with our affiliates, services providers, and other third parties with your consent.
In addition, we may disclose information about you (i) if we are required to do so by law or legal process, (ii) to law enforcement authorities or other government officials, or (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual fraudulent or illegal activity.
You can at any time tell us not to send you marketing communications by email by clicking on the unsubscribe link within the marketing emails you receive from us or by contacting us.
4. INTELLECTUAL PROPERTY.
You acknowledge that this Site may contain content that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Scalability Solutions, you agree not to modify, copy (other than page caching), frame, co-brand, scrape, rent, lease, loan, sell, distribute or create derivative works based on any content found on this Site, in whole or in part. Any use of this Site or any content other than as specifically authorized herein, without the prior written permission of Scalability Solutions, is strictly prohibited.
The Scalability Solutions name and logo are trademarks of Scalability Solutions (collectively, the "Scalability Solutions Trademarks"). Other company, product, and service names and logos used and displayed or otherwise incorporated into this Site may be trademarks or service marks of their respective owners, and nothing in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Scalability Solutions Trademarks or other trademarks displayed on this Site, without prior written permission in each instance. All goodwill generated from the use of Scalability Solutions Trademarks will inure to our exclusive benefit.
We respect the intellectual property of others. If you believe that any content on this Site has been copied in a way that constitutes copyright or trademark infringement, please email us at email@example.com to notify us of a claimed infringement. Your communication concerning a claimed infringement must include substantially the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
(ii) Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works;
(iii) Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Scalability Solutions to locate the material;
(iv) Information reasonably sufficient to permit Scalability Solutions to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
(v) A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You should consult with your own lawyer and/or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement. The materials found on this Site are protected by United States and other copyright laws, except for works of the United States Government pursuant to 1 U.S.C. Section 105.
When you submit resumes, emails, communications, questions, comments, suggestions, ideas, message board postings, material submitted via web forms, or any other information ("Submissions"), you grant Scalability Solutions permission to use such Submissions for marketing and other promotional purposes. You agree that Scalability Solutions will have no obligation to keep any Submissions confidential and you will not bring a claim against Scalability Solutions based on "moral rights" or the like arising from Scalability Solutions’ use of a Submission.
6. ACCURACY OF INFORMATION.
Scalability Solutions attempts to be as accurate as possible when describing our Services on this Site, however, we do not warrant that the product and service descriptions, information or other content available on this Site are accurate, complete, reliable, current, or error-free.
This Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing, communication, and availability, and we reserve the right to cancel or refuse to accept any sale of product or rendering of service contracted based on incorrect pricing, communication, or availability information. We apologize for any inconvenience.
7. NO UNLAWFUL ACCESS.
You agree that you will not use this Site in any manner that could in any way disable, overburden, damage, or impair this Site or otherwise interfere with any other party’s use and enjoyment of this Site. You further agree that you will not obtain or attempt to obtain any materials, content, or information by means not expressly made available or provided for through authorized use of this Site.
8. OTHER WEBSITES.
Users may find advertising, hyperlinks, or other content on this Site that link to the sites and services of our clients, partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not endorse or control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from this Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to this Site, is subject to that website's own terms and policies. Scalability Solutions shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such hyperlinked site or resource.
9. REPRESENTATIONS & WARRANTIES.
You represent and warrant that you: (i) have the full power and authority to enter into and perform under this Agreement; (ii) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party; and (iii) will comply with all applicable laws, rules, and regulations.
You further represent and warrant to Scalability Solutions that: (i) there are no claims, demands or any form of litigation pending or, to the best of your knowledge, threatened with respect to any of your Submissions; (ii) Scalability Solutions will not be required to make any payments to any third party in connection with its use of your Submissions, except for the expenses that Scalability Solutions incurs in providing the Services; (iii) the use of any personal information, instructions, formulae, recommendations, or the like contained in your Submissions will not cause injury to any third party; and (iv) your Submissions does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.
10. NO CO-BRANDING OR FRAMING.
You may not use or authorize any party to co-brand, or frame this Site without the express prior written consent of an authorized representative of Scalability Solutions. For purposes of this Agreement, “co-branding” means to display a name, logo, trademark, or other means of attribution or other identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site. For purposes of this Agreement, “Framing” refers to displaying any page from www.Scalability-Solutions.com within a bordered area of another website, regardless of whether the address of the originating Scalability Solutions webpage is visible.
12. LIMITATION OF LIABILITY.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK AND IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. SCALABILITY SOLUTIONS DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE WEB SITE, THE MATERIALS, ANY PRODUCTS, INFORMATION OR SERVICE PROVIDED THROUGH THE SITE, OR ANY SITES LISTED THEREIN, AND YOU EXPRESSLY UNDERSTAND AND AGREE THAT SCALABILITY SOLUTIONS AND ITS EMPLOYEES, CONTRACTORS, AGENTS AND AFFILIATES, INCLUDING BUT NOT LIMITED TO ANY THIRD PARTIES RESPONSIBLE FOR THE CREATION, MAINTENANCE AND UPKEEP OF THE SITE, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SCALABILITY SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, EQUITY, OR OTHERWISE, RESULTING FROM THE USE OF THIS SITE OR ANY COMPUTER VIRUSES ON YOUR COMPUTER OR ELECTRONIC DEVICES. SCALABILITY SOLUTIONS FURTHER DISCLAIMS ANY RESPONSIBILITY TO ENSURE THAT THE CONTENT LOCATED ON THIS SITE IS NECESSARY, COMPLETE AND UP-TO-DATE. IN NO EVENT SHALL SCALABILITY SOLUTIONS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.
13. NO WARRANTY.
Scalability Solutions provides no warranty or guarantee as to the accuracy, timeliness, completeness, or suitability oF the SERVICES, PRODUCTS, Content, information, or materials found on the SITE for any particular purpose. Scalability Solutions is not aN EMPLOYMENT PLACEMENT OR RECRUITING PRODUCT OR SERVICE. SCALABILITY SOLUTIONS MAKES NO WARRANTY OR GUARENTEE THAT TEMPORARY OR PERMANENT EMPLOYMENT PLACEMENT MAY BE AVAILABLE TO ITS SERVICES USERS. You understand that the information, or any parts thereof provided by Scalability Solutions shall not be LEGALLY BINDING ADVICE. YOU UNDERSTAND THAT THE SERVICES SCALABILITY SOLUTIONS PROVIDES IS LIMITED IN ITS NATURE TO CONSULTING AS AN AIDE. Further, none of the opinions, views, material, or information provided on the SITE shall be considered or are intended to be LEGALLY BINDING.
You agree to indemnify, defend and hold harmless Scalability Solutions, its subsidiaries, affiliates, licensors, content providers, service providers, directors, managers, officers, employees, shareholders agents and the assigns of same (the “Parties”), from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages and liabilities related to or associated with your use of this Site and any violation of this Agreement as expressly authorized. You agree that Scalability Solutions and the indemnified parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the indemnified parties in connection herewith. You will also indemnify and hold the indemnified parties harmless from and against any claims (“Claim”) brought by third parties arising out of your use of the information accessed from this Site or alleged breach of any portion of this Agreement. If you have to indemnify Scalability Solutions under this Section, Scalability Solutions will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without Scalability Solutions’ express written permission.
Scalability Solutions has the right, at its election, to assign, transfer, charge, subcontract or deal in any other manner any of its rights within this Agreement, or delegate any of its obligations hereunder in whole or in part, to any person, firm, third-party, or corporation. You will not have the right to assign or transfer any rights hereunder.
If a dispute arises from or relates to this Agreement, your use of the Site or Services, or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree that any such unresolved controversy or claim shall be settled by will be resolved by binding arbitration under the Commercial Rules, but not the administration of the American Arbitration Association. The arbitration will be conducted in Denver, Colorado. The laws of the State of Colorado (except its conflict of laws provisions) will govern the interpretation and enforcement of this Agreement and all disputes relating to this Agreement. Within ten (10) calendar days of service of a demand for arbitration, the parties will agree upon a sole arbitrator. If a sole arbitrator cannot be agreed upon, a panel of three (3) arbitrators will be named; each party will select one (1) arbitrator and the two (2) arbitrators selected by the parties will select a knowledgeable and impartial third arbitrator. There will be no discovery during the arbitration other than the exchange of the information and documents, which shall be provided directly to the arbitrator(s) upon request and approval of specific discovery requests. A final hearing shall be conducted within three (3) months of the appointment of the arbitrators. If damages are awarded, the arbitrator(s) will only award compensatory damages and will not award punitive or other non-compensatory damages. The prevailing party shall be entitled to recover reasonable attorney’s fees and costs associated with the action, including the prevailing party’s share of the arbitration fees (i.e., the prevailing party’s share of the sole arbitrator’s fees, or the cost/fee of the prevailing party’s arbitrator and it’s share of the third arbitrator appointed, if any). The decision of the arbitrator(s) will be final and binding and may not be appealed. A party may apply to any court having jurisdiction to obtain a judgment enforcing the decision of the arbitrator(s). The parties may cancel or terminate this Agreement in accordance with its terms and conditions without following the procedures in this Section.
Notwithstanding the foregoing, if a third party claim is brought against either party for copyright infringement, violation of rights of publicity, rights of privacy, or other unauthorized use of content which is contrary to the rights granted in this Agreement, the parties shall not be bound by this arbitration provision and may defend themselves and make a claim against the other party in the appropriate court of law and/or equity.
In the event of a dispute arising out of this Agreement and not subject to the arbitration provision above, the prevailing party shall have the right to collect from the other party its reasonable costs and necessary disbursements and attorneys' fees.
17. GOVERNING LAW.
This Agreement shall be governed in all respects by the laws of the State of Colorado as they apply to agreements entered into and to be performed entirely within Colorado between Colorado residents, without regard to conflict of law provisions. The parties to this Agreement agree that any claim or dispute arising under this Agreement must be resolved by a court located in Denver County, Colorado, except as otherwise agreed by the parties or as described in the Arbitration provision above. The parties agree to submit to the personal jurisdiction of the courts located within Denver County, Colorado for the purpose of litigating all such claims or disputes.
18. FULL EFFECT.
If a court or any other competent legal authority finds that any provision of this Agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of this Agreement shall not be affected and remain in full effect.
19. CONSENT AND CHANGES.
Your use of this Site shall be deemed express approval of all terms of this Agreement. If you do not consent to this Agreement or any of the above terms, please immediately exit and discontinue use of this Site. Scalability Solutions has the discretion to update this Agreement at any time. In the event this Agreement is updated, we will also update the date set forth below. Please check this page regularly to keep informed of any such updates.
Your continued use of this Site shall be deemed acceptance of this Agreement and any changes thereto.
20. PASSWORDS & SECURITY.
Any passwords used for this Site that may be provided to authorized users are for INDIVIDUAL USE ONLY. In said event, you will be responsible for the security of your password(s) and Scalability Solutions may require that you change your password. You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Scalability Solutions reserves the right to release your account details to system administrators at other websites and/or the authorities in order to assist them in resolving security incidents. Scalability Solutions reserves the right to investigate suspected violations of this Agreement. Scalability Solutions reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Scalability Solutions to disclose the identity of anyone making available any materials that believed to violate this Agreement.
This Agreement contains the entire agreement and understanding between the parties regarding the subject matter contained herein and supersedes and replaces all prior negotiations or proposed agreements, written or oral. The undersigned acknowledge that no other party, nor agent or attorney of any other party, has made any promise, representation or warranty whatsoever, express or implied, not contained herein, to induce the undersigned to execute this Agreement, and acknowledge that the undersigned have not executed this Agreement in reliance upon such promise, representation or warranty not contained herein. You may be subject to additional Agreement that may apply when you use affiliate services, third-party content or third-party software. Every provision herein is intended to be severable. In the event any term or provision hereof is declared to be illegal or invalid for any reason whatsoever by a court of competent jurisdiction, such illegality or invalidity shall not affect the balance of the terms and provisions hereof, which terms and provisions shall remain binding and enforceable.
If you have any questions about this Agreement, the practices of Scalability Solutions, or your dealings with this Site, please contact us at firstname.lastname@example.org
Any rights not expressly granted herein are reserved.
© 2015 Scalability Solutions LLC
*Agreement was last updated August 11, 2015
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