Agreement between User and www.include-me.net
Welcome to www.include-me.net. The www.include-me.net website (the "Site") is comprised of various web pages operated by IncludeMe LLC ("IncludeMe"). www.include-me.net is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms" or the “Agreement”). Your use of www.include-me.net constitutes your agreement to all such Terms. You may not use the Site if you do not agree to the version of the Terms posted on the Site at the time you access the Site. Please read these Terms carefully, and keep a copy of them for your reference.
www.include-me.net is an information site. The website provides information, which may include user-sourced opinions, about workplace culture.
1. Electronic Communications
Visiting www.include-me.net or sending emails to IncludeMe constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
2. Children Under Age Thirteen; Minors Age Thirteen and Older
You must be thirteen years of age or older to access the Site. IncludeMe does not knowingly collect, either online or offline, personal information from persons under the age of thirteen.
If you are age thirteen or older but still considered a minor in the jurisdiction in which you reside, you must obtain the permission of your parent or guardian to use this Site.
3. Links to Third Party Sites/Third Party Services
www.include-me.net may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of IncludeMe and IncludeMe is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. IncludeMe is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by IncludeMe of the site or any association with its operators.
Certain services made available via www.include-me.net may be delivered by third party sites and organizations. By using any product, service or functionality originating from the www.include-me.net domain, you hereby acknowledge and consent that IncludeMe may share such information and data with any third party with whom IncludeMe has a contractual relationship to provide the requested product, service or functionality on behalf of www.include-me.net users and customers.
4. No Unlawful or Prohibited Use
As a condition of your use of the Site, you warrant to IncludeMe that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You agree that you will not impersonate another person, or his or her email address. You further agree that you will not create user accounts under false or fraudulent pretenses, or create an account for anyone other than yourself. You agree that you will not send messages in violation of the USA CAN-SPAM Act or any other applicable anti-spam law.
You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site, including through the introduction of any viruses, corrupted files, or similar software. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site, and you may not circumvent or attempt to circumvent any security feature of the Site.
The Site is for your personal, non-commercial use, and you will make no other use of the Site or its content without the express written permission of IncludeMe and, if applicable, the copyright owner of any third-party content. You will not copy, modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and IncludeMe as a result of this agreement or your use of the Site. You agree not to imply any endorsement by IncludeMe or partnership of any kind without our express written permission.
While we have no obligation to do so, we reserve the right to investigate and take appropriate action in our sole discretion against you if you violate these Terms, including without limitation: suspending, restricting, or terminating your access to the Site and/or related services; reporting you to law enforcement, regulatory or other authorities; and taking legal action against you.
Our interpretation of our policies and these Terms, and any determination or decision we make with respect to enforcement of our policies and these Terms, is within our sole discretion.
5. Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.include-me.net strictly in accordance with these Terms. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of IncludeMe or our licensors except as expressly authorized by these Terms.
All content included as part of the Site, such as text, graphics, logos, images, formulas, as well as the compilation thereof, and any software used on the Site, is the property of IncludeMe or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content.
6. International Users
The Site is controlled, operated and administered by IncludeMe from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the IncludeMe content accessed through www.include-me.net in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
7. Indemnification
You agree to indemnify, defend and hold harmless IncludeMe, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. While we have no obligation to do so, IncludeMe reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with IncludeMe in asserting any available defenses.
8. Arbitration
In the event you and IncludeMe (collectively, the “parties”) are not able to resolve any dispute between us arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then, other than the exceptions described below, such dispute shall be resolved by final and binding arbitration pursuant to the Federal Arbitration Act. The parties agree that their arrangement under these Terms constitutes interstate commerce and that the Federal Arbitration Act applies to the agreement to arbitrate contained in these Terms. The parties further agree that the arbitration shall be conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties. This arbitration agreement does not apply to the following: (a) legal proceedings that involve efforts to obtain user-identifying information; (b) legal proceedings seeking injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets or other intellectual property rights.
The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms. With the exception of the Class Action Waiver set forth below, if an arbitrator or court decides that any part of this agreement to arbitrate is unenforceable, the other parts of this agreement to arbitrate will still apply.
Unless otherwise required by the applicable arbitration rules, the arbitration shall be held in Orange County, California.
9. Class Action Waiver
Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and IncludeMe agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
10. Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. INCLUDEME LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
INCLUDEME LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. INCLUDEME LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INCLUDEME LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF INCLUDEME LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
11. Suspension, Termination, Access Restriction
IncludeMe reserves the right, in its sole discretion, to suspend, terminate, or restrict your access to the Site and related services or any portion thereof at any time, for any reason, and without notice. We will have no liability whatsoever to you for any suspension, termination, or restriction of your access to the Site or related services. You understand and agree that any action we take to investigate, suspend, restrict, or terminate your access to the Site or services will not constitute a violation by IncludeMe of these Terms.
12. Governing Law
These Terms and any and all claims, disputes, or other legal proceedings by or between you and us, including claims or disputes in any way related to or arising from your use or access to the Site, shall be governed by the laws of the State of California, without giving effect to California’s choice of law provisions which may otherwise provide for the application of the law of another jurisdiction.
For any claim, dispute or other proceeding not subject to the arbitration agreement set forth in these Terms, you hereby consent to the exclusive jurisdiction and venue of state courts in Orange County, California or the federal courts in the Central District of California, as appropriate. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
IncludeMe's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of IncludeMe's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by IncludeMe with respect to such use.
13. Entire Agreement/Severability
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and IncludeMe with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and IncludeMe with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision or eliminated to the minimum extent necessary, and the remainder of the agreement shall continue in effect. Any failure by IncludeMe to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision.
14. Changes to Terms
IncludeMe reserves the right, in its sole discretion, to change the Terms under which www.include-me.net is offered, by posting an updated version of the Terms on the Site. The most current version of the Terms will supersede all previous versions, and your continued use of the Site is subject to the most current effective version of these Terms. IncludeMe encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
IncludeMe welcomes your questions or comments regarding the Terms. You may contact us at: info@include-me.net
Effective as of February 6, 2018