These Terms and Conditions of Use (the “Terms”) govern your access to and use of the services offered by Peoplocity, LLC, and its affiliates and subsidiaries (collectively, "Peoplocity", “we”, or “us”), including our website www.peoplocity.com (the “Site”) and our downloadable application (the “App”, and together with the Site, the “Services”), and any information, text, graphics, photos, or other material uploaded to, downloaded from, or appearing on the Services (collectively, the “Content”). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services, you agree to be bound by these Terms.
You are responsible for safeguarding the password that you use to access the Services. When formulating your password, use a combination of upper and lower case letters, numbers, and symbols to maximize the strength of your password. Peoplocity is not responsible for any loss or damage that arises from your failure to comply with this section.
You agree to use the Services in a manner consistent with any and all applicable laws, rules and regulations. You agree not to upload or transmit to or through the Services any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification to, tampering with or change to any information, or any interference with the availability of or access to the Services is strictly prohibited. You will not hack into or otherwise gain unauthorized access to the Services, our computer systems, or the computer systems of other users of the Services. You will not engage in any data mining in connection with the Services. We reserve all rights and remedies available to us including reporting any breach to the relevant law enforcement authorities and cooperating with those authorities by disclosing your identity to them.
The Services includes certain tools that you may access only as part of the Services. You are not otherwise being given a license to such tools. With respect to any other materials available through the Services as to which Peoplocity is the copyright owner and as to which you have properly gained access, Peoplocity hereby grants you a limited, revocable license to download and print copies but only in connection with the purposes for which you were granted access to the Services and only if you do not remove, modify or obscure any copyright, trademark, or other proprietary notices.
All Content not originating with Peoplocity is provided for your interest and convenience only, and Peoplocity does not endorse these materials nor the third parties who supply them, nor does Peoplocity warrant or represent that these materials are current, accurate, complete or reliable. You understand that by using the Services, you may be exposed to Content that that might be offensive, harmful, inaccurate, deceptive, or otherwise inappropriate. Under no circumstances shall Peoplocity be liable in any way for any Content or any loss or damage of any kind incurred as a result of the use of the Content.
You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting, or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free, sub-licensable, license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such Content in any and all media (whether known or later developed).
The Services may provide links to sites operated by third parties. The linked sites are not under our control, and we are not responsible for the content of any linked site or subsequent links from that site. We may provide links only as a courtesy to our users, but such links do not (and will not) imply our endorsement of any linked site.
Peoplocity does not object to you linking directly to the information that is hosted on the Site, provided you do so in a way that is fair and legal and does not damage Peoplocity's reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on Peoplocity's part where none exists. You may not establish a link to the Site from any website that is not owned by you. The Site must not be framed on any other site. Peoplocity may withdraw linking permission without notice.
To obtain access to the Services, you may be required to complete a registration or log in via your Facebook account. You agree that you will provide true, accurate, current and complete information about yourself or your company as prompted by the registration process and that you will update that information as necessary to maintain its accuracy. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You accept responsibility for all activities that occur under your account or password and such use shall be deemed to be use by you. You will ensure that all use of your account fully complies with these Terms. Transfer of the account by you to any other person or entity is prohibited.
Peoplocity does not endorse any third parties using the Services. By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of third parties will be limited to a claim against the party who caused the harm. You agree not to attempt to impose liability on, or seek any legal remedy from Peoplocity with respect to such actions or omissions.
If you submit any information to us by e-mail, through a form on the Site or the App, or in any other manner, including any comments, remarks, suggestions, ideas, notes, drawings, graphics, concepts, or other information, you hereby grant us a limited, revocable license (or sublicense, as the case may be) to use such material (including all associated intellectual property rights) for any purpose, without your consent or any compensation to you or anyone else.
In connection with your use of the Services, you agree not to submit or transmit any material that is unlawful, threatening, libelous, defamatory, obscene, pornographic, profane, or might in any other way violate any law, regulation, or rule. You are solely responsible for any material you submit through the Services. You further agree not to upload, email, post or transmit to, or distribute or otherwise publish through the Services any material which disrupts the normal operation of the Services, including posting or otherwise transmitting material that is not related to the subject at issue or otherwise restricts or inhibits any other user from using the Services.
Through your usage of the Services, you may submit and/or we may gather certain limited information about you and your use of the Services, and we may use this information in accordance with the Policy (which is part of the Terms and incorporated herein by reference).
ALL CONTENT AND SERVICES INCLUDED ON OR AVAILABLE THROUGH THE SERVICES (COLLECTIVELY, THE "PEOPLOCITY MATERIALS") ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, BY EITHER PEOPLOCITY OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION OR PRODUCTION OF THE PEOPLOCITY MATERIALS, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. PEOPLOCITY MAKES NO WARRANTY THAT THE PEOPLOCITY MATERIALS ARE ACCURATE, RELIABLE OR CORRECT; THAT THE PEOPLOCITY MATERIALS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT THE SERVICES OR DATA OF YOURS OR ABOUT YOU ARE SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE PEOPLOCITY MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT THE SERVICES WILL BE COMPATIBLE WITH ANY HARDWARE OR SYSTEMS SOFTWARE CONFIGURATION; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS PROVIDED BY US.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL PEOPLOCITY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES OR INABILITY TO USE THE SERVICES, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, USE OF DATA, OR LOSS OF USE RELATED TO THE SITE OR ANY WEBSITE OPERATED BY ANY THIRD PARTY. IF YOU ARE DISSATISFIED WITH PEOPLOCITY, ANY OF PEOPLOCITY 'S SERVICES OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, PEOPLOCITY 'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF PEOPLOCITY FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED $100.00.
You agree to defend, indemnify, and hold Peoplocity and its employees, contractors, officers and directors harmless from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of the Services or the Content therein. Peoplocity reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Peoplocity in asserting any available defenses.
Unless otherwise indicated, all logos, names, package designs, and marks on the Site or in the App are trademarks or service marks owned or used under license by Peoplocity. The use or misuse of any of these marks or other information is strictly prohibited.
The Terms shall, for all domestic and international purposes, be governed, interpreted, construed, and enforced solely and exclusively in accordance with the laws of the State of Indiana, U.S.A., without regard to conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms or your use of the Site, the App, or the Content shall be filed only in the state or federal courts located in the State of Indiana, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. All actions or proceedings arising out of or relating to the Terms shall be venued exclusively in state and federal court in Indiana. You waive any objection you may now or hereafter have with respect to venue or to convenience of such forum.
The Terms constitute the entire agreement between you and Peoplocity with respect to the Services and supersede all prior or contemporaneous communications and proposals with respect to the Site. If any provision of the Terms is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.
Peoplocity's failure at any time to require performance of any provision of the Terms (including the Policy, which is incorporated by reference) or to exercise any right provided for herein or by law shall not be deemed a waiver of such provision or such right. All waivers must be in writing and signed by an authorized representative of Peoplocity. Unless the written waiver contains an express statement to the contrary, no waiver by Peoplocity of any breach of any provision of the Terms of any right provided for herein or by law shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms.
Peoplocity reserves the right, in its sole discretion, to terminate your access to all or parts of the Services, with or without notice.