Terms of Service
TERMS OF SERVICE
Last Update: August 1, 2020
ACCEPTANCE
These Terms of Service (the “Terms”) govern your use of https://industry-resource.com (the “Website”). These Terms have a force of a legally binding agreement, even if you are simply browsing without intention to contact us or register an account. The term “us,” “we” or “our” refers to the owners and operators of this Website. The term “you” refers to the viewer of the Website. Privacy Policy [insert link] is another important document that you should familiarize yourself with because it describes our practices with respect to your personal information. You cannot visit the Website if you do not agree to these Terms or the Privacy Policy. Sometimes we modify these Terms. We don’t notify users about every change to the Terms but you can see the date of the last update at the top of this page. If you still wish to visit the Website after said date, that constitutes your agreement to the updates.
IMPORTANT: review the “ARBITRATION” section below. Your use of the Website constitutes your agreement to arbitrate disputes instead of having them resolved by a court. You hereby waive any right to a jury trial you may have had. You also waive your right to participate as a plaintiff or class member in any purported class action or representative proceeding against us.
NEUTRAL VENUE
Neutral Venue. Our Website connects businesses with the resources they need to be successful. You can search qualified service providers & experts to help your business grow and obtain a competitive edge. It is important to understand that our Website is a neutral venue that does not endorse any service provider, expert, business or user. Our role is limited to maintaining a platform to connect users and provide general educational information to be relied at your own risk. Consequently, WE DISCLAIM ALL LIABILITY ARISING OUT OF USERS’ LISTINGS, EXPERT ADVICE, PODCASTS, WORKSHOPS, EVENTS, DATA, INFORMATION, APPLICATIONS, INTERACTIONS AND TRANSACTIONS. WE DO NOT ENDORSE ANY PARTICULAR EXPERT OR BUSINESS AND DO NOT GUARANTEE THEIR PERFORMANCE. We are not liable for the consequences of you disclosing your personal information to others.
No Professional Advice. Nothing on our Website constitutes legal, career or any other type of professional advice on our part. Your use of the Website does not form an attorney-client, employer-employee or any other professional relationship between you and us. If you engage anybody listed on our Website, we are not a party to your interactions and transactions.
Third Party Services. The Website contains links to third party services and events that are not owned or controlled by us. We assume no responsibility for, the content, privacy policies, or practices of any third parties. In addition, the Website will not and cannot censor or edit the content of any third-party website. You acknowledge that we will not be liable for any and all claims, demands and damages of any kind and nature arising out of or in any way connected from any and all potential liabilities arising from the use of any third-party website. We cannot guarantee the availability or performance of any third party services used to support the Website. Such third party services may change their operations without notice to us. Therefore, we shall not be liable for any outages, version changes, delivery delays, failures, bugs, or termination of third party network service. Third party networks have their own Terms of Use, and you must comply with any terms and conditions provided by any third party network.
Interactive Features. This Website includes interactive features that allow users to communicate with us and each other. You agree that, because of the limited nature of such communication, any guidance you may receive can be incomplete and may even be misleading. Therefore, any assistance you may receive using any our Website’s interactive features does not constitute specific advice and should not be relied upon without further competent independent confirmation.
DRIVING. DO NOT USE THE WEBSITE IN ANY MANNER THAT DISTRACTS YOU FROM DRIVING OR IS ILLEGAL (E.G., IN JURISDICTIONS THAT DO NOT ALLOW THE USE OF MOBILE DEVICES WHILE DRIVING). WE SHALL NOT BE LIABLE FOR YOUR COMPLIANCE WITH TRAFFIC LAWS.
AFFILIATE DISCLOSURE
This Website contains affiliate links. We receive a small percentage of a final sale if you buy something after following any of those affiliate links. But your trust is of utmost importance to us. That’s why, even though we sometimes receive affiliate compensation, we always provide only our honest ratings, reviews, opinions or experiences on everything you see on our Website. We review all products we find useful, not just the affiliate ones. Any product claim, statistic, quote or other representation about a product or service should be independently verified with the vendor, manufacturer, expert, service provider or other party in question.
INTELLECTUAL PROPERTY
Our Intellectual Property. We and our content suppliers own all intellectual property rights in our Website contents, logos, trademarks (whether registered or unregistered) and data. Our IP rights are protected by U.S. law and international IP conventions. By using our Website you do not acquire any of our IP rights. Nevertheless, you can view and print out this Website’s content for personal use. We reserve all rights that are not expressly granted under these Terms or other written agreements between you and us.
Your Submissions. If you upload any content to the public areas of our Website, you state that: (i) you have all necessary rights to that content, and (ii) we can display, transmit, modify and distribute this content without compensation to you. We can use and implement any feedback that you voluntarily provide, without compensation to you.
Copyright Infringement. We take copyright infringement seriously. Report it to us if you see it on our Website and we will investigate. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will promptly investigate claims of copyright infringement committed using our Website if such claims are reported to [email protected]. If you hold copyright or are authorized to act on behalf of the copyright holder, you can report alleged copyright infringements as follows:
Identify the copyrighted work that you claim has been infringed.
Identify the material or link you claim is infringing.
Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of your report:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)”
“I hereby state that the information in this report is accurate 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 is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.
ACCEPTABLE USE POLICY
By visiting this Website, you represent and agree that:
You have a full capacity to enter into a legally binding agreement, such as these Terms.
If purchasing anything, you are responsible for ensuring your payment method is valid. You will pay as agreed using only payment methods which you are authorized to use. You will not use false identity.
You will not let others use your account, except as may be explicitly authorized by us. Everything that happens under your account is your responsibility. Registering duplicate accounts is not allowed.
If you make a submission, it shall be truthful and not misleading. We can terminate any account for writing untruthful reviews, comments or other content. We reserve the right to edit, reject or erase anything submitted to us without prior notice. You will not send spam, anything defamatory, vulgar, racist, abusive or hateful.
You will not use our Website in connection with any sexually explicit material, illegal drugs, promotion of alcohol to persons under 21 years of age, pirated computer programs, viruses or other harmful code, disclosure of anyone’s private information without consent, pyramid schemes, multilevel-marketing, “get rich quick” offerings, encouragement of violence.
You will ask for our permission before copying anything from our Website for republication.
You will not use our Website for anything illegal.
We reserve the right to terminate any account using our sole reasonable discretion and without notice or liability.
Bots, crawlers, indexers, web spiders, harvesters or any similar automatic processes are not allowed on our Website.
You will not impede the proper functioning of the Website.
CONFIDENTIALITY
You cannot use or disclose any confidential information relating to our business, users, operations and properties for any purpose without our express prior written authorization. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of our confidential information.
BREACH OF THESE TERMS
If any user violates these Terms or any law, we can, without limitation: (i) ban that user from the Website; (ii) disclose the user’s identity to authorities and assist in investigations; (iii) delete or moderate the user’s content; (iv) take any other action available under law.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
EVERYTHING WE PROVIDE ON THIS WEBSITE IS ON AN “AS IS” BASIS, TO BE RELIED ON AT YOUR OWN RISK. DO YOUR OWN RESEARCH BEFORE RELYING ON ANYTHING ON THIS WEBSITE. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, SAFETY, FREEDOM FROM DEFECTS OR THAT DEFECTS WILL BE CORRECTED, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE PERFORMANCE.
WE ARE NOT LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE FEES WE RECEIVED FROM YOU, IF ANY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless our company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any provision of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your user submissions caused damage to a third party.
ARBITRATION AND WAIVER OF CLASS ACTION
Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
The place of arbitration shall be Orange County, CA. The arbitration shall be governed by the laws of the State of California. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. You understand that this Section means that, by using the Website, you agree to arbitrate, thus, waiving your rights to sue in court and have a jury trial. You further acknowledge and agree that you waive your right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and us otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.
APP STORES
Apple. By downloading this platform from a device made by Apple, Inc. (“Apple”) or from Apple’s App Store, you specifically acknowledge and agree that:
Apple is not a party to these Terms. Apple is not responsible for the platform or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the platform.
The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the platform on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Services.
In the event of any failure of the platform to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the platform, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the platform.
Apple is not responsible for addressing any claims by you or a third party relating to the platform or your possession or use of the platform, including without limitation (a) product liability claims; (b) any claim that the platform fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the platform or your possession and use of the platform infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of such intellectual property infringement claim.
You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
Apple and its subsidiaries are third party beneficiaries of these Terms and upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof.
Google Play. By downloading the platform from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that:
to the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the platform that you download from Google Play, and
you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by us or you (or any other user) under these Terms or the Google Play Terms.
GENERAL
Communications. You agree that we can communicate with you electronically, via SMS, push notifications, email or phone calls. All electronic communications shall have the same legal force as if they were in paper form.
Relationship of the Parties. You and us are in an independent contractor relationship with respect to each other. That means that there is no partnership, joint venture, employer/employee or any similar arrangement.
Hyperlinks. Linking to our Website is allowed, however, it must always be done in a way that does not adversely affect our business or implies some form of association when there is none.
Severability. If any part of these Terms is found to be unenforceable, then only that particular portion, and not the entire Terms, will be unenforceable.
Assignment. We have the right, at our sole discretion, to assign or subcontract our rights or obligations outlined in these Terms.
Waiver. Our failure to exercise any of our rights under these Terms shall not be considered a waiver to exercise them in other instances. No waiver shall be effective unless it is in writing signed by us.
Prevailing Language. If there are any inconsistencies or conflicts between the English original of these Terms and any foreign language translation, the English version shall prevail.
Drafted by Sergei Tokmakov, Esq.