- GENERAL TERMS
The words “use” or “using” in this Agreement, means any time you, directly or indirectly, with or without the aid of a machine or device, access or attempt to access, interact with, use, display, view, print or copy from the Website, receive data from the Website, or in any way utilize, benefit, take advantage of or interact with any function, service or feature of the Website, for any purpose whatsoever.
C. OWNERSHIP AND PROPRIETARY RIGHTS
Copyright © 2013 People Tactics, LLC – All Rights Reserved.
The Website, including any and all content, media and materials, all software, code, design, text, images, photographs, illustrations, media files, artwork, graphic material, articles, databases, writings, spoken statements, music, video recordings, audio-visual works and recordings, slides, portraits, animated and/or motion pictures, caricatures, likenesses, vocal or other sounds, sound recordings, voices, voice reproductions, and visual effects, as well as any accompanying documentation or other materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of the Website, including, without limitation, the selection, sequence and “look and feel” and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed or discovered, in black-and-white or in colors, alone or in conjunction with other works, characters, real or imaginary, in any part of the world (all of the foregoing, individually and/or collectively, is referred to herein as “Content”) are the property of People Tactics, LLC and/or its licensors. All Content on the Website is legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. As such, you should assume that all Content contained in the Website is either the copyrighted property of People Tactics or is the copyrighted property of third parties unless otherwise noted.
The brands, names, logos, trade names, trademarks, service marks and other distinctive identifications (collectively “Marks”) on the Website, including, without limitation, “PeopleTactics,” “,” “The PeopleTactics Approach,” “,” “PeopleTactics…creating standout performance,” “HR solutions to prevent problems, protect your profits, and grow your company” and our stylized People Tactics logo and slogan are the trademarks and intellectual property of and proprietary to People Tactics. You have no right to use either of these Marks or any marks confusingly similar thereto for any purpose without the express prior written consent of People Tactics, such consent shall be in our sole and absolute discretion.
D. LICENSE AND WEBSITE ACCESS
People Tactics authorizes you to access Content on the Website and grants you the limited right and license to use the Website solely for your non-commercial, non-exclusive, non-assignable, non-sublicensable, non-transferable and limited personal use and for no other purpose whatsoever. You may download Content displayed on the Website for non-commercial, personal use only. You must not alter, delete or conceal any copyright or other legal notices contained on the Content you display, print or reproduce from the Website. Unless we explicitly and specifically notify you otherwise in writing, you shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, deliver, sell, upload, transmit, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party web site) or otherwise use, any Content without the express prior written consent of People Tactics.
This license does not include any resale or commercial use of the Website or its Content; any derivative use of the Website or its Content; any downloading or copying of registration information for the benefit of a third party; or any use of data mining, Web scrapers, spiders, robots, or similar data gathering and extraction tools. The Website or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without the prior express written consent of People Tactics. You may not frame or utilize framing techniques to enclose any Marks or Content (including page layout, or form) on the Website without our prior express written consent. You may not use any meta tags or any other “hidden text” utilizing our Marks without our prior express written consent.
As an express condition of your use of the Website, you warrant to us that you will not use the Website for any unlawful purpose or purpose prohibited by this Agreement or the laws or regulations in the jurisdiction in which you live or reside. Any unauthorized or prohibited use of any Content, including use in contravention of this Agreement, may subject you to civil liability, criminal prosecution, or both. If you violate any part of this Agreement, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any of the Content.
E. PROCEDURE FOR MAKING COPYRIGHT INFRINGEMENT CLAIMS
We respect the intellectual property of others, and we ask you to do the same. Accordingly, People Tactics has adopted the following Intellectual Property Compliance Policy. If you or any user of the Website believes its copyright have been infringed, the copyright owner (“Complaining Party”) should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
(1) A physical or electronic signature of the Complaining Party or such person authorized to act on behalf of the Complaining Party;
(2) Identification of the copyright(s) claimed to have been infringed;
(3) Information reasonably sufficient to permit us to contact the Complaining Party or such person authorized to act on behalf of the Complaining Party, such as address, telephone number and, if available, an electronic mail address at which the Complaining Party may be contacted;
(4) Identification of the material that is claimed to be infringing or to be subject to infringing activity on the Complaining Party’s copyrights that is to be removed and information reasonably sufficient to permit us to locate such materials;
(5) A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or by law; and
(6) A statement that the information in the notification is accurate and, under penalty of perjury, the Complaining Party or such person authorized to act on behalf of the Complaining Party is the owner of an exclusive copyright that is allegedly infringed.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c) (“DMCA”), our Designated Agent for notice of claims of IP Rights infringement can be reached as indicated below.
Designated Agent for Claimed Infringement:
Attn.: Attn: Jennifer Brown
Once notified we will act expeditiously to review and if necessary to remove Content on the Website that infringes the copyrights of others and will disable the access to the Website and its services of anyone who uses them to infringe repeatedly the copyrights of others. Any such removal will be without liability to you or any other person and the claims of the Complaining Party will be referred to the United States Copyright Office for adjudication as provided in the DMCA. We take protection of copyrights, both our own and others, very seriously.
We may offer various services for purchase through the Website. In order to purchase services through the Website, you must be at least 18 years-of-age or older or have reached the age of majority in the jurisdiction in which you live or reside. By purchasing such services, you represent and warrant that you are at least 18 years-of-age or older or have reached the age of majority in the jurisdiction in which you live or reside.
You may order our merchandise online. All prices are shown in U.S. dollars, and are valid and effective on the day they are ordered. All prices are subject to change without notice. You are responsible for any taxes imposed on purchases through the Website and any applicable taxes (if any) will be added to the amount charged. You agree to indemnify, defend and hold People Tactics, its affiliates and its and their respective officers, directors, employees, agents, licensors, representatives, service providers and suppliers harmless from and against any and all claims, demands, actions, losses, expenses, damages and costs (including reasonable attorneys’ fees), resulting from your failure to pay any taxes to the proper governmental authorities.
EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OFFERED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. We have no responsibility or liability whatsoever for goods or services you may obtain from or through third party web sites or web pages, even if you were directed or linked to such a site or page through the Website.
Any unsolicited, non-personal content you provide to People Tactics through the Website or by email, including, but not limited to, feedback, data, answers, questions, comments, suggestions, plans, ideas or the like (collectively “Information”), shall be deemed to be non-confidential and we assume no obligation to protect such Information from disclosure. You understand, acknowledge, and agree that if you submit any such Information to us, People Tactics shall be free to reproduce, use, disclose and distribute such Information without restriction.
H. SUPPORT BOARDS, BLOGS AND POSTINGS
The Website may contain support boards, Weblogs (commonly called “Blogs”) and other message and communication facilities (collectively “Boards”) that may provide you and other users an opportunity to submit, post, question and/or exchange information, ideas, opinions and messages with other users and/or with Us and these collectively are referred to in this Agreement as a “Post” or a “Posting.” People Tactics’ moderator reserves the right at all times, but does not have the obligation, to edit, refuse to Post, or to remove any Posting, in whole or in part, that it deems inappropriate for inclusion in the Boards, for any reason or for no reason. Boards are public and not private and you should assume your Postings may be read by others, with or without your knowledge or permission. People Tactics shall have no liability if unauthorized persons obtain access to the Boards. You should not disclose or make available your personal information in any Posting or in any Board.
The Website does not represent or guarantee the truthfulness, accuracy, timeliness or reliability of user Postings. YOUR USE OF THE BOARDS IS SOLELY AT YOUR OWN RISK. PEOPLE TACTICS ASSUMES NO DUTY TO MONITOR POSTINGS WITHIN THE BOARDS. PEOPLE TACTICS DOES NOT REPRESENT OR GUARANTEE THE TRUTHFULNESS, ACCURACY OR RELIABILITY OF SUCH POSTINGS OR THAT ANY POSTING COMPLIES WITH THE TERMS OR CONDITIONS OF THIS AGREEMENT.
You understand, acknowledge and agree that Postings are the sole responsibility of the individual associated with that Posting. This means that you, and not Us or the Website, are entirely responsible for the consequences of all of your Postings. Postings do not reflect the views of People Tactics or any of its affiliates. In no event shall People Tactics or any affiliates have or be construed to have any responsibility or liability for or in connection with any third party Posting whatsoever; provided, however, if we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Boards and the Website; and/or (d) use any technological, legal, operational or other means available to Us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on the Website and/or the Boards.
If you Post on the Website, you hereby agree that: (a) you are placing the Posting in the public domain without reservation of any rights or further control over the Posting or its use and you specifically authorize People Tactics and its affiliates to use such Posting in whole or in part, throughout the universe, and you automatically grant People Tactics and its affiliates a royalty-free, fully-paid, perpetual, irrevocable, unrestricted, unconditional, non-exclusive license to use, reproduce, modify, publish, edit, adapt, create derivative works from, translate, distribute, perform, display and otherwise exploit such Posting and all elements thereof alone or as part of other works in any form, media, or technology, whether now known or hereafter developed or discovered, and to license and sub-license such rights through multiple tiers of sub-licenses, all without any notification or obligation to you, or compensation, attribution or otherwise; (b) you represent and warrant that (i) the Posting is original to you or fully cleared for use as contemplated herein, (ii) the Posting does not and will not, in any way, violate or breach any of the terms of this Agreement, (iii) the Posting does not violate our Rules of Conduct (Section I below), and (iv) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting; (c) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that you have the right to place such Posting in the public domain and grant People Tactics and its affiliates the right to use such Posting as described above; and (d) we have the right to delete, re-format and/or change your Posting in any manner that we may deem appropriate n our sole and absolute discretion (although you will not be responsible for any such changes made).
The amount of storage space on the Website per user is limited and some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree We assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or at all or as to any other matter relating to Postings. Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.
We are not obligated to respond to any Post. If we choose to respond, we will use commercially reasonable diligence in responding, although we do not “guarantee” any response time.
All Postings are subject to our online etiquette policy, which are as follows:
(1) Treat all other people who Post with the same respect that you would expect from them;
(2) Be honest;
(3) Don’t use offensive language;
(4) Refrain from inappropriate comments or insults;
(5) Respect others’ privacy;
(6) Respect others’ time;
(7) Stay on topic;
(8) Avoid using ALL CAPS to emphasize – this will be understood as “yelling.”; and
(9) Keep messages short.
You acknowledge and agree that we will determine in our sole and absolute discretion whether any Posting violates the etiquette policy or conduct of this Website. You agree that we may at any time, and at our sole discretion, terminate your access without prior notice to you for violating any of the above provisions. Should your access be terminated for this reason, you acknowledge that may notify law enforcement authorities and fully cooperate with any investigation related thereto.
I. RULES OF CONDUCT
Your use of the Website is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for your acts, actions and omissions that occur in, from, or through the Website. You shall not use, allow, or enable others to use the Website, or knowingly condone use of the Website by others, in any manner that is, attempts to, or is likely to:
(1) be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
(2) affect us adversely or reflect negatively on us, the Website, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Website, or from advertising, linking or becoming a supplier to us in connection with the Website;
(3) result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing”;
(4) be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or Web pages;
(5) transmit, distribute or upload programs or material that contain malicious code, such as viruses, time bombs, cancel-bots, worms, Trojan horses, spyware, or other potentially harmful programs or other material or information;
(6) forge any TCP/IP packet header or part of the header information in any e-mail or newsgroup posting for any reason;
(7) violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States of America), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise;
(8) gain unauthorized access to the Website, other users’ accounts, names, User IDs, personally identifiable information or other computers, websites or Web pages, connected or linked to the Website or to use the Website in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
(9) modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Website or the rights or use and enjoyment of the Website by any other person, firm or enterprise; or
(10) collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Website, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
You agree to indemnify, defend and hold People Tactics, its affiliates and its and their respective officers, directors, employees, agents, licensors, representatives, advertisers, service providers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys’ fees), resulting from any breach or violation of this Agreement by you, or resulting from your Postings or any content you provide, submit or make available on or through the Website or your unauthorized use of any Content. Should in People Tactics sole and absolute discretion you not provide an adequate defense, People Tactics reserves the right to assume the defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully compensate and cooperate with People Tactics in such defense of any such claim, action, settlement or compromise negotiations, as requested by People Tactics.
J. DISCLAIMER AND LIMITS ON LIABILITY
We try to assure the accuracy of all information displayed on the Website, but despite our best efforts it is possible that some of the information MAY contain errors, inaccuracies, or omissions (collectively, “Errors”). We are not liable for any harm caused or related to any such Errors. THE WEBSITE AND ALL MATERIALS THEREON AND ALL PRODUCTS OR SERVICES PURCHASED THROUGH THE WEBSITE ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE WEBSITE WILL BE AVAILABLE FOR USE, OR THAT ALL FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Website. Without limiting the foregoing, People Tactics is not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Website.
In addition, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we conscientiously strive to keep the Website secure, you acknowledge that: (a) there are security and privacy limitations of the Internet that are beyond our control; (b) the security, integrity, and privacy of any and all information and data exchanged between you and us through this Website cannot be guaranteed; and (c) it is possible that any such information and data may be viewed or tampered with while in transit by an unauthorized third party.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE WEBSITE, PEOPLE TACTICS OR, ANY OF ITS AFFILIATES, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE WEBSITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
You further understand and acknowledge the capacity of the Website, in the aggregate and for each user, is limited. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in this Agreement may not apply to you.
K. ADS AND MALWARE
We take great care and pride in creating the Website. We are always on the lookout for technical glitches that effect how the Website works. When we find them on our end, we will fix them. Unfortunately, your home computer may cause some glitches that effect how you view the Website – and that is totally beyond our control.
If you experience any unusual behavior, content or ads on the Website, it may be the result of Malware on your computer. Malware – short for MALicious softWARE – is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner’s knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Website is working properly, sometimes Malware programs on your personal computer may interfere with your experience on the Website and on other sites that you visit. If you do discover any Malware on your system, we suggest you speak with a qualified computer technician.
L. INTERNATIONAL USE
Although the Website may be accessible worldwide, we make no representation that Content herein or any of our services are lawful, appropriate or available for use in locations outside the United States of America or that our services are authorized for export from the United States of America or for import into any foreign country, and accessing the Website from territories where its content is illegal is prohibited. If you choose to access the Website from locations outside the United States of America, you do so on your own initiative and are responsible for compliance with all import and export laws and regulations and all applicable laws of any jurisdiction outside of the United States of America from which you may access the Website. Any offer for any service, and/or information made in connection with the Website is void where prohibited.
M. DISPUTE RESOLUTION
N. MISCELLANEOUS TERMS
If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions herein and this Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive termination of this Agreement; provided, however, no action arising out of this Agreement or your use of the Website, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause of action arose).
This Agreement and your use of the Website shall be governed by, construed and enforced in accordance with the substantive laws of the Commonwealth of Virginia USA applicable to contracts made, executed and wholly performed in that Cmmonwealth. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act.
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.
The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Where text requires, words in the singular shall be deemed to include the plural and vice-versa, and words of any gender shall be deemed to include all genders.