Subscriber TERMS OF SERVICE (“Terms of Service”)
constitute a binding contract between you (“Subscriber” or “Customer” or “you”) and
the applicable Pipsfinder Management (“Company”),
regarding the terms under which the Company will provide Subscriber with access
to the Services.
CLICKING ON THE BUTTON MARKED “I ACCEPT”, SUBSCRIBER SIGNIFIES ITS AGREEMENT TO
ABIDE BY THESE TERMS OF SERVICE (“Acceptance”). Subscriber
agrees that its assent, given electronically, will have the same legal effect
as if it had been personally signed by Subscriber. To the extent permitted by
law, these Terms of Service are intended to supersede any provisions of
applicable law, which might otherwise limit their enforceability or effect,
because they were entered into electronically. Please print a copy of these
Terms of Service for future reference.
<!--[endif]-->“Effective Date” - refers to the date that the
Company confirms Subscriber’s right to use the Subscription Website.
<!--[endif]-->“Exercise Files” - refers to the files
(documents, photos, and so on) that an author may use during the applicable
<!--[endif]-->“Gift Subscription” - refers to a right to use
the Subscription Website as a recipient of a gift, i.e., the recipient does not
have to provide credit/debit card information during the registration process.
The sender of the Gift Subscription is not deemed a Subscriber but the
recipient of a Gift Subscription will be deemed a Subscriber upon Acceptance of
these Terms of Service.
<!--[endif]-->“No Fee Trial” - refers to a temporary right to use the
Subscription Website at no charge during the permissible No Fee Trial period
and in accordance with any applicable terms, including, but not limited to,
Acceptance of these Terms of Service. A No Fee Trial may or may not require the
insertion of credit/debit card information.
<!--[endif]-->“Premium Content” - means the Exercise Files
and the Standard Content offering within the Subscription Website.
<!--[endif]-->“Public Website” - means that portion of the
Website that is available for use by any person without the need to be a
<!--[endif]-->“Services” - means the Public Website, the Subscription
Website, and their entire contents, features and functionality (including but
not limited to, all information, software, text, displays, images, video and
audio, and the design, selection and arrangement thereof, the Standard Content,
the Exercise Files, and any documentation pertaining to the foregoing).
<!--[endif]-->“Standard Content” - refers to content within
the Subscription Website that does not include the Exercise Files.
<!--[endif]-->“Subscriber” - also referred to as “Member”, refers to an
individual/entity/organization/institution that has the right to access the
Subscription Website via a Subscription Fee (“Paid Subscription”),
Gift Subscription, No Fee Trial, or other bases. A Subscriber must be at least
18 years of age or, as applicable, the age of majority in the country, state or
other jurisdiction in which the Subscriber resides (and if a minor, have the
permission of a parent or legal guardian to access the Subscription Website),
and possess the legal right and ability to enter into binding contracts.
Furthermore, a Subscriber may be an ‘Individual’ or ‘Multi-User’ Subscriber as
<!--[if !supportLists]-->o <!--[endif]-->‘Individual Subscriber,’ refers to a
Subscription by one individual only (“Individual Subscription”);
<!--[if !supportLists]-->o <!--[endif]-->‘Multi-User Subscriber,’ refers to
an entity, organization, or institution, that subscribes to the Services for
use by its constituents, who may include employees, students, faculty, or other
end-users, etc. (“Constituents”) (“Multi-User Subscription”). The Subscriber under a
Multi-User Subscription will remain liable for all acts or omissions of its
Authorized End Users (defined below) with respect to access and use of the
Services; furthermore and for the avoidance of doubt, the Subscriber will be
responsible for ensuring that its Authorized End Users remain fully compliant
the Website Use Policy. With respect to a Multi-User Subscription, the following
terms will apply:
<!--[if !supportLists]-->i.<!--[endif]-->“Authorized End Users”, refers to the
Constituents of the Multi-User Subscriber. The number of Authorized End Users
under any single Multi-User Subscription may not exceed the number of permitted
seats paid under the Subscription (“Maximum Seats”).
The Authorized End User’s identifier must not be of a generic nature. An
example of a unique identifier is email@example.com; examples of generic
identifiers include the following: firstname.lastname@example.org or email@example.com.
<!--[if !supportLists]-->ii.<!--[endif]-->“Master Administrator” means the
administrator designated by the Multi-User Subscriber who has reporting access
and management tools and who may substitute Authorized End Users not to exceed
the number of Maximum Seats.
<!--[if !supportLists]-->o <!--[endif]-->Subscriber agrees
on behalf of itself and its Authorized End Users, where applicable, to treat
password, usernames, and other security information (“Authentication
Information”), as confidential and to not provide any other person
with access to the Subscription Website or portions of it using Subscriber’s
(or the Authorized End User’s) Authentication Information. Subscriber will
notify the Company immediately of any unauthorized access to, or use of,
Authentication Information. The Company has the right to disable any Subscriber
or Authorized End User access to the Services at any time, in its sole
discretion [for any or no reason, including] if, in the Company’s opinion,
Subscriber and/or Authorized End User has violated any provision of these Terms
of Service or appear likely to do so.
<!--[endif]-->“Subscription” - refers to a right to use the applicable portion
of the Subscription Website as a Subscriber under a Paid Subscription, Gift
Subscription, No Fee Trial, or other forms of right and/or fee to access the
<!--[endif]-->“Subscription Term” - means the period of time
that a Subscriber may utilize the applicable portion of the Subscription
<!--[endif]-->“Subscription Website” - means the applicable
portion of the Website (i.e., Premium Content or Standard Content or any
portion thereof), that is available only to a Subscriber.
<!--[endif]-->“Virus” means any item or device (including any software, code, file
or program) which is designed to prevent, impair or otherwise adversely affect
the operation of any computer software, hardware or network, any
telecommunications service, equipment or network or any other service or
device; prevent, impair or otherwise adversely affect access to or the
operation of any program or data, including the reliability of any program or
data (whether by re-arranging, altering or erasing the program or data in whole
or part or otherwise); or adversely affect the user experience, including
worms, trojan horses, viruses, and other similar things or devices.
<!--[endif]-->“Website” - means all information, content, concepts, program
interfaces, structures, functionality, computer code, published materials,
electronic documents, graphic files and other technology inherent in Company's
website located www.DisruptAll.com (or such other web address notified by the Company
to Subscribers at any time), and includes the entirety of both the Subscription
Website and the Public Website.
2) INFORMATION ABOUT THE COMPANY.
LinkedIn Corporation is a Delaware corporation headquartered at
1000 West Maude Avenue, Sunnyvale, California 94085.
3) SUBSCRIBER WARRANTIES, RIGHTS, REPRESENTATIONS, RESTRICTIONS, AND
<!--[endif]-->Subject to these Terms of Service, Subscriber will be granted a
limited, non-exclusive, revocable, non-transferable, and non-sublicense able
right to access that portion of the Subscription Website applicable to the
Subscription type. By agreeing to grant such access, the Company does not
obligate itself to maintain the Website, or to maintain it in its present form.
The Company may upgrade, modify, change or enhance the Services and convert a
Subscriber to a new version thereof at any time in its sole discretion, to the
extent that this is not detrimental to Subscriber’s use of the Services and on
reasonable prior notice to Subscriber (unless the change is of critical
business importance or outside the Company’s control, in which case the Company
will explain the reason for the changes as soon as is reasonably practicable).
<!--[endif]-->Subscriber agrees to abide by any rules or regulations that the
Company publishes with respect to conduct of Subscribers and other users of the
Website, which rules and regulations are hereby incorporated into these Terms
of Service by this reference. The Company reserves the right to deny a
Subscriber and/or an Authorized End User access to the Subscription Website if,
in the Company’s sole discretion, Subscriber and/or Authorized End User has
failed to abide by these Terms of Service or appear likely to do so.
<!--[endif]-->Subscriber accepts that the Company in its sole discretion may,
but has no obligation to, monitor the Services or any portion thereof, and/or
to oversee compliance with these Terms of Service.
<!--[endif]-->Subscriber promises, acknowledges, and agrees on behalf of itself
and its Authorized End Users (in the case of Multi-User Subscriptions) that:
<!--[if !supportLists]-->i.<!--[endif]-->Access privileges
may not be transferred to any third-parties;
<!--[if !supportLists]-->ii.<!--[endif]-->It will not
access, store, distribute or transmit any Viruses;
<!--[if !supportLists]-->iii.<!--[endif]-->It will comply
with all applicable laws and regulations with respect to use of the Services;
<!--[if !supportLists]-->iv.<!--[endif]-->It will not rent,
lease, sublicense, re-sell, distribute, transfer, copy or modify the Services
or any component thereof;
<!--[if !supportLists]-->v.<!--[endif]-->It will not
translate, decompile, or create or attempt to create, by reverse engineering or
otherwise, the source code from the object code made available hereunder;
<!--[if !supportLists]-->vi.<!--[endif]-->It will not
reproduce, distribute, modify, create derivative works of, publicly display,
publicly perform, republish, download, store or transmit the Services or any
<!--[if !supportLists]-->vii.<!--[endif]-->It will not
delete or alter any copyright, trademark or other proprietary rights notices
from copies of materials from the Website or contained in the Services;
<!--[if !supportLists]-->viii.<!--[endif]-->It is solely
responsible for acquiring, installing, operating and maintaining the hardware
and software environment, network connections, and telecommunication links,
necessary to access and use the Services;
<!--[if !supportLists]-->ix.<!--[endif]-->It will not use
the Services in any manner, or in connection with any content, data, hardware,
software or other materials that infringe upon or violate any patent,
copyright, trade secret, trademark, or other intellectual property rights of any
third party, or that constitutes a defamation, libel, invasion of privacy, or
violation of any right of publicity or other third party rights, or that is
threatening, harassing, or malicious.
<!--[endif]-->If you are a Multi-User Subscriber, you promise to obtain any and
all consents required by law, including, but not limited to, (i) consent to
transfer personally identifiable information of your Authorized End Users, and
your representatives, to the United States, if applicable, (ii) consent to
compile reports as to the usage of the Services by your Authorized End Users and
provide such reports to you, and (iii) any other consents that may be required
in order for us to provide the Services to you and your Authorized End Users.
You promise to obtain necessary consents from all relevant bodies including
Work Councils, from your Authorized End Users, from the parents or legal
guardians of your Authorized End Users (where necessary), and from other
4) AVAILABILITY OF WEBSITE.
Subscriber recognizes that the traffic of data through the
Internet may cause delays during the download of information from the Website
and accordingly, it shall not hold the Company liable for delays that are
ordinary in the course of Internet use. Subscriber further acknowledges and
accepts that the Website will not be available on a continual twenty-four-hour
basis due to such delays, or delays caused by the Company's upgrading,
modification, or standard maintenance of the Website.
5) INTELLECTUAL PROPERTY RIGHTS.
<!--[endif]-->The Services are owned by the Company, its licensors or other
providers of such material, and are protected by the United States and
International copyright, trademark, patent, trade secret and other intellectual
property or proprietary rights laws.
<!--[endif]-->No right, title, or interest in or to the Services or any portion
thereof, is transferred to any Subscriber or Authorized End User, and all
rights not expressly granted herein, are reserved by the Company.
<!--[endif]-->The Company name, the Company logo, and all related names, logos,
product and service names, designs and slogans, are trademarks of the Company
or its affiliates or licensors. Subscriber may not use such marks without the
prior written permission of the Company. All other names, logos, product and
service names, designs, and slogans on this Website are the trademarks of their
6) COMPANY OBLIGATIONS.
The Company will use commercially reasonable efforts to enable the
Services to be accessible, except for scheduled maintenance and required
repairs, and except for any interruption due to causes beyond the reasonable
control of, or not reasonably foreseeable by the Company, including, but not
limited to, any Force Majeure Event (as defined below). The foregoing
undertaking shall not apply to the extent of any non-conformance caused by use
of the Services contrary to the Company's instructions, or modification or
alteration of the Services by any party other than the Company. If the Services
are in non-conformance with the foregoing undertaking, the Company will, at its
expense, use all reasonable commercial endeavors to correct any such
non-conformance promptly, or provide Subscriber with an alternative means of
accomplishing the desired performance.
7) FEES AND PAYMENT.
<!--[endif]-->Subscription Fee. Subscriber agrees to pay the
appropriate fee corresponding to the particular Services that it wishes to
access for the applicable Subscription Term (“Subscription Fee”).
The Company reserves the right to change the Subscription Fee with respect to a
Renewal Term with prior written notification. Unless otherwise expressly
stated, all fees are non-cancellable and non-refundable.
<!--[endif]-->No Fee Trial. If Subscriber cancels a No Fee Trial before it
expires, Subscriber’s credit/debit card will not be charged. If Subscriber does
not cancel before expiration of the No Fee Trial, Subscriber will automatically
be enrolled in the appropriate membership (depending on Subscriber’s No Fee
Trial sign-up choice), and Subscriber’s credit/debit card will be billed
<!--[endif]-->Gift Subscription. If Subscriber receives a Gift
Subscription, Subscriber shall not be required to provide the Subscriber’s billing
<!--[endif]-->Payment Details. Recurring charges are billed in advance of service.
Subscriber agrees to provide the Company with valid, up-to-date, and complete
debit/credit card, contact and billing details. Subscriber further authorizes
the Company to bill such debit/credit card on the Effective Date (and
corresponding Renewal Dates, if appropriate) for the Subscription Fee due for
the Subscription Term (and Renewal Term). If, for any reason, Subscriber’s
credit/debit card company refuses to pay the amount billed for the Services,
Subscriber agrees that Company may, at its option, suspend or terminate
Subscriber’s subscription to the Services and require Subscriber to pay the
overdue amount by other means acceptable to the Company. Company may charge a fee
for reinstatement of suspended or terminated accounts. Subscriber agrees that
until its subscription to the Services is properly terminated, it will continue
to accrue charges for which it remains responsible, even if it does not use the
Services. In the event legal action is necessary to collect on balances due,
Subscriber agrees to reimburse the Company for all expenses incurred to recover
sums due, including attorney fees and other legal expenses. Unless otherwise
expressly stated, all fees are stated in United States dollars.
<!--[endif]-->Taxes. Subscriber is responsible for all applicable sales, use,
transfer or other taxes and all duties, whether international, national, state or local, however, designated, which are levied or imposed by reason of the transaction contemplated hereby, excluding, however, income taxes on profits
which may be levied against the Company.
8) TERM AND TERMINATION.
<!--[if !supportLists]-->i.<!--[endif]-->General Subscription. Subscriber may
subscribe to the Services for the applicable term of the specific Subscription commencing
on the Effective Date (“Initial Term”). Thereafter,
the Subscription will renew automatically on the corresponding anniversary date
(“Renewal Date”) of the Effective Date (each
a “Renewal Term”, and collectively with the
Initial Term, the “Subscription Term”), until
Subscriber notifies Company of its intention not to renew prior to the end of
the then-current term.
<!--[if !supportLists]-->ii.<!--[endif]-->No Fee Trial Subscription. Subscriber may
cancel a No Fee Trial at any time before it expires by following the relevant
instructions. Continuance of the Subscription beyond the expiration of the No
Fee Trial will incur the relevant fee.
<!--[endif]-->Termination. The Company reserves the right to terminate or suspend
access to all or any portion of the Services for violation or suspected violation
of these Terms of Service.
<!--[endif]-->Effect of Termination. Subscriber will have no further
rights to access the Subscription Website. Termination will not affect the
rights or liabilities of either party that accrued prior to termination.
<!--[endif]-->Individual Subscription Termination (applicable only to
residents of a member country within the European Union). If you are an
Individual Subscriber who is a resident of a European Union member country,
then in addition to any other rights under these Terms of Service, you may cancel
any Subscription for any reason during the fourteen (14) day period from the
Effective Date by submitting a cancellation request through Customer Service. If you do so,
and with respect to any paying Subscription, Company may, but is not obligated
to, charge you a proportionate amount of the Subscription Fee for the part of
the Subscription that you have used.
Subscriber agrees to maintain the confidentiality of the Company’s
Confidential Information. For the purposes of these Terms of Service, the term
“Confidential Information” means all portions of the Services, including but
not limited to, the Subscription Website.
10) THIRD PARTY LINKS OR INFORMATION.
This Website may contain links to other websites that are not
operated by or related to Company. Company is not responsible for the content,
accuracy or opinions expressed in such third party websites, and does not
investigate, monitor, or check these websites for accuracy or completeness. The
inclusion of any linked website on this Website does not imply approval or
endorsement of the linked website by Company. A Subscriber that leaves this
Website to access these third-party sites does so at its own risk.
11) DISCLAIMERS OF STATEMENTS/WARRANTIES.
SUBSCRIBER’S USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE
SERVICES IS AT ITS OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS, WITHOUT ANY STATEMENTS OR WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY, ITS AFFILIATES NOR ANY PERSON
ASSOCIATED WITH THEM MAKES ANY STATEMENT, WARRANTY OR REPRESENTATION WITH
RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR
AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY,
ITS AFFILIATES NOR ANYONE ASSOCIATED WITH THEM PROMISES THAT THE SERVICES
OR ITEMS OBTAINED THROUGH THE SERVICES OR ANY PORTION THEREOF, WILL BE ACCURATE,
RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE
SERVICES OR THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ITEMS OBTAINED
THROUGH THE SERVICES WILL OTHERWISE MEET SUBSCRIBER’S NEEDS OR EXPECTATIONS.
COMPANY AND ITS AFFILIATES HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR
PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED
OR LIMITED UNDER APPLICABLE LAW. NO VERBAL OR WRITTEN REPRESENTATIONS,
INFORMATION OR ADVICE GIVEN BY COMPANY, ITS AFFILIATES OR THEIR AUTHORIZED
REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS
12) LIMITATION OF LIABILITY.
<!--[endif]-->COMPANY DOES NOT IN ANY WAY EXCLUDE OR LIMIT ITS LIABILITY FOR (I)
DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE; (II) FRAUD OR FRAUDULENT MISREPRESENTATION;
OR (III) ANY OTHER MATTER FOR WHICH IT WOULD BE ILLEGAL FOR COMPANY TO EXCLUDE
OR ATTEMPT TO EXCLUDE ITS LIABILITY.
SECTION 12 (B) APPLIES TO MULTI-USER SUBSCRIBERS:
<!--[endif]-->IN NO EVENT SHALL COMPANY, ITS AFFILIATES, LICENSORS, EMPLOYEES,
AGENTS, OFFICERS OR DIRECTORS BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY FOR
ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY
KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING
FROM LOSS OF USE, LOSS OF DATA, OR LOSS OF PROFITS, WHETHER OR NOT COMPANY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF
LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES OR OF
ANY WEB SITE REFERENCED OR LINKED TO FROM THE SERVICES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY IN THE FOREGOING, SUBSCRIBER’S EXCLUSIVE REMEDY AND
COMPANY AND ITS AFFILIATE’S ENTIRE LIABILITY, IF ANY, FOR ANY CLAIMS ARISING
OUT OF THESE TERMS OF SERVICE, SHALL BE LIMITED TO THE LESSER OF (I) THE AMOUNT
PAID BY SUBSCRIBER TO COMPANY IN SUBSCRIPTION FEES DURING THE TWO (2) MONTH
PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM OR ACTION AROSE OR
(II) TWO HUNDRED DOLLARS ($200), REGARDLESS OF WHETHER THE CLAIM OR ACTION IS
BASED ON CONTRACT, TORT, WARRANTY, INDEMNIFICATION OR OTHERWISE. THE EXISTENCE
OF MULTIPLE CLAIMS WILL NOT ENLARGE THIS LIMIT. SUBSCRIBER WILL BE RESPONSIBLE
FOR ALL CLAIMS AND DAMAGES RESULTING FROM THE MISUSE OF THE SERVICES BY
SUBSCRIBER AND/OR ITS AUTHORIZED END USERS.
SECTION 12 (C) APPLIES TO INDIVIDUAL SUBSCRIBER RESIDENTS OF A EUROPEAN UNION MEMBER COUNTRY:
<!--[endif]-->IN NO EVENT WILL COMPANY, ITS AFFILIATES, LICENSORS, EMPLOYEES,
AGENTS, OFFICERS OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
INDIRECT, CONSEQUENTIAL LOSSES (WHERE CONSEQUENTIAL LOSSES MEANS LOSS ARISING
AS A SIDE EFFECT OF THE MAIN LOSS), WHICH ARE NOT A REASONABLY FORESEEABLE
CONSEQUENCE OF SUCH MAIN LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO (I) LOSS
OF INCOME OR REVENUE; (II) LOSS OF BUSINESS; (III) LOSS OF PROFITS; (IV) LOSS
OF ANTICIPATED SAVINGS; OR (V) LOSS OF DATA.
Subscriber agrees to compensate and defend fully Company, its
officers, employees, agents, successors, and assigns, from and against any
damages, losses, and expenses (including reasonable attorneys’ fees) resulting
from any third-party claim, action or demand arising out of any breach by
Subscriber of any representation, warranty, covenant, obligation or duty of
Subscriber under this Agreement.
All provisions relating to proprietary rights, payment of fees,
confidentiality, disclaimer of warranty, indemnification, and limitation of
liability shall survive the expiration or earlier termination of these Terms
Except, for any provisions determining the primary contractual
obligations of Subscriber and Company hereunder, Company has the right to
revise and amend these Terms of Service from time to time to reflect changes in
business needs including, but not limited to, changes in features and
functionality, changes in market conditions, changes in technology, changes in
payment methods, changes in relevant laws and regulatory requirements and
changes in system capabilities. Changes are effective immediately upon posting
and Subscriber’s continued use of any of the Services following the posting of
revised Terms of Service means that Subscriber accepts and agrees to the
changes, to the extent permitted by applicable laws.
Subscriber may not transfer these Terms of Service, in whole or in
part. Company may transfer these Terms of Service and/or subcontract some or
all of its obligations hereunder at any time.
Subscriber acknowledges that a breach of any confidentiality or
proprietary rights provision of these Terms of Service may cause Company
irreparable damage, for which the award of damages would not be adequate
compensation. Consequently, Company may seek an injunction to prevent
Subscriber from taking any and all acts in violation of those provisions, which
remedy shall be cumulative and not exclusive, and Company may seek the entry of
an injunction enjoining any breach or threatened breach of those provisions, in
addition to any other relief to which Company may be entitled at law or in
18) GOVERNING LAW AND VENUE.
These Terms of Service shall be
construed and governed by the laws of the State of California, without regard
to the principles of conflict of laws thereof. Subscriber agrees and accepts
that any legal action or proceeding shall be brought in the federal or state
courts for the State of California, County of Santa Clara, and Subscriber
expressly waives any objection to personal jurisdiction, venue, or forum non-convenient.
Additionally, in the event of any dispute or claim relating to or arising out
of these Terms of Service (including, but not limited to, any claims of breach
of contract, tort, infringement), Subscriber agrees that all such
disputes/claims will be resolved by means of a court trial conducted by the
superior or district court in Santa Clara County, California, and Subscriber
expressly waives any right it may otherwise have to a jury trial. THE PRECEDING PROVISION REGARDING VENUE DOES NOT APPLY IF YOU ARE
AN INDIVIDUAL SUBSCRIBER RESIDENT IN A MEMBER COUNTRY OF THE EUROPEAN UNION. IF
YOU ARE A CONSUMER BASED IN THE EUROPEAN UNION, YOU MAY MAKE A CLAIM IN THE
COURTS OF THE COUNTRY WHERE YOU RESIDE.
Legal notices may be sent to businessaffairs@DisruptAll.com (if by
email), or, if Subscriber is in the United States, to LinkedIn Corporation,
Attn: Agreement Matters (Legal), 1000 West Maude Avenue, Sunnyvale, California
94085, or if Subscriber is outside the United States, to LinkedIn Ireland
Unlimited Company, Attn: Agreement Matters (Legal), Wilton Plaza, Wilton Place,
Dublin 2, Ireland (if by conventional mail). Notices to Subscriber may be sent
either to the email address supplied in Subscriber’s account or to the address
supplied by Subscriber as part of its registration data. In addition, Company
may broadcast notices or messages through the Website to inform of changes to
the Website or other matters of importance, and such broadcasts shall
constitute notice to Subscriber to the extent permitted by applicable law. Any
notices or communication under these Terms of Service will be deemed delivered
to the party receiving such communication (a) on the delivery date if delivered
personally to the party; (b) two business days after deposit with a commercial
overnight carrier, with written verification of receipt; (c) five business days
after the mailing date, if sent by mail, return receipt requested; (d) on the
delivery date if transmitted by email; or within three (3) days after Company
posts a notice on the Website.
20) FORCE MAJEURE.
Company will not be liable or
responsible for any failure to perform, or delay in performance of, any of its
obligations that are caused by events outside its reasonable control (“Force Majeure Event”). A Force Majeure Event
includes any act, event, non-happening, omission or accident beyond Company’s
reasonable control including, but not limited to, restrictions of law,
regulations, orders, or other governmental directives, labor disputes, acts of
God, third party mechanical or other equipment breakdowns, terrorist attacks,
fire, explosions, fiber optic cable cuts, interruption or failure of
telecommunications or digital transmission links, Internet failures or delays,
storms or other similar events.
Subscriber agrees to comply with
either Policy at any time, and to the extent permitted by applicable law,
changes to the Policies are effective immediately upon posting on the Website.
Subscriber’s continued use of any portion or all, of the Services, following
the posting of a revised Policy means that Subscriber accepts and agrees to the
changes. In the event of an express conflict between the Terms of Service
and the terms of the Policies, the Terms of Service will prevail.
We are not a site targeted at
children or those under the age of 16. For additional information, please see
23) NO THIRD PARTY BENEFICIARIES.
No person or entity not a party to these Terms of Service will be
deemed to be a third-party beneficiary of these Terms of Service or any
If any provision of these Terms of Service are held by a court of
competent jurisdiction to be contrary to law, such provision shall be changed
and interpreted so as to best accomplish the objectives of the original
provision to the fullest extent allowed by law and the remaining provisions of
these Terms of Service will remain in full force and effect.
25) WAIVER AND AMENDMENT.
If Company fails to insist upon strict performance of Subscriber’s
obligations under any of these terms and conditions, or if Company fails to
exercise any of the rights or remedies to which it is entitled under these Terms
of Service, this will not constitute a waiver of such rights or remedies and
will not relieve Subscriber from compliance with such obligations. No waiver by
Company of any default will constitute a waiver of any subsequent default, and
no waiver by Company of any of these terms and conditions will be effective
unless it is expressly stated to be a waiver and is communicated to Subscriber
26) GEOGRAPHIC RESTRICTIONS.
Software, functionality, and/or
features (collectively, “Service Functionality”),
that may be available on or through Website from time-to-time, is subject to
United States Export Controls. No Service Functionality from the Website may be
downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North
Korea, Iran, Syria, or any other country which the United States has embargoed
goods; or (b) anyone on the United States Treasury Department's list of
Specially Designated Nationals or the United States Commerce Department's Table
of Deny Orders. By downloading or using any Service Functionality, Subscriber
represents and warrants that it (and its Authorized End Users, where
applicable) are not located in, under the control of, or a national or resident
of any such country or on any such list. Although the Website may be accessible
worldwide, Company makes no representation that materials on the Website are
appropriate or available for use in locations outside the United States, and
accessing them from territories where their contents are illegal, is
prohibited. Those who choose to access the Website from other locations do so
at their own initiative and are responsible for compliance with local laws. Any
offer for any product, service, and/or information made in connection with the
Services is void where prohibited.
27) COMPLETE UNDERSTANDING.