Please read the terms and conditions contained in this Agreement carefully. Your use of and/or registration with the Service will constitute your ongoing acceptance of this Agreement. If you cannot accept this Agreement, please do not use the Service. This Agreement may be modified from time to time; the date of the most recent revisions will appear on the last page under the heading “EFFECTIVE DATE.” It is your responsibility to regularly check the Site to determine if there have been changes to this Agreement and to review such changes. Continued access of the Site and/or use of the Service by you will constitute your acceptance of any changes or revisions to this Agreement. Your failure to abide by this Agreement or any other terms or conditions posted anywhere within the Service may result in suspension or termination of your access to the Service, without notice, in addition to our other remedies.
We are not an internet service provider; in order to use the Service, you must have internet access and software required for email and web usage.
- 3rd Party Review. Validation by an unrelated third party of submitted Record based on Requirements criteria.
- Affiliation. Organization with whom Member is affiliated.
- Attestation. Self declaration/affirmation of the correctness and truth of a submitted Record.
- Connection. Link between people (i.e. Members) and Organizations or across Organizations.
- Credential. Record validated by 3rd Party Review or primary source verification.
- Engagement. Link between people (i.e. Members) and Opportunities at Organizations.
- Member. A person with a valid single user account and active subscription for the Service.
- Primary Source Verification. Validation of submitted Record via issuing body or authority.
- Opportunity. Job position, certification, license, or logical grouping of Requirements.
- Organization. A commercial, non-profit, or governmental entity with an active subscription for the Service administered by one or more members.
- Organizational Administrator. A Member that creates and stipulates Opportunity Requirements for a given job position, certification, or license and has access to all evidence submitted to fulfill requirements on behalf of an Organization.
- Record. True and complete information which may include documented evidence submitted to meet the Requirements for a given Opportunity.
- Requirement. Records or certifications required by an organization for an Opportunity.
REGISTRATION AND ACCOUNT CREATION
- Registration Information
You can generally view the Service without revealing any personally identifiable information about yourself. You may voluntarily provide to us personally identifiable information if you desire to register and/or set up an account to use the Service or when you submit a request to us. You undertake to register for the Service using accurate and current information about yourself – including your correct name, email address and any other requested details – in addition to selecting a Username and password which will be associated with your membership during registration (collectively, “Registration Information”). If any of your Registration Information changes, you agree to update such information by editing your customer profile on the Service. Your Registration Information, as subsequently amended and added to, will be available to organizations.
We reserve the right, in our sole discretion, to refuse the use of a Username or revoke the use of a Username previously selected by a Member. This may be because we feel the Username is inappropriate or for other reasons; we are under no obligation to disclose to you our reasons for revoking your use of a specific Username.
- Maintenance of Registration Information.
If you register and/or set up an account on the Service, you will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize others to use the Service and you are responsible for all use by you and those you allow to access the Service using the Registration Information you have provided. You may not sub-license, transfer, sell or assign your Registration Information and/or this Agreement to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement.
If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your Registration Information), you agree to promptly change the affected Registration Information and notify us of the problem.
GENERAL USE RESTRICTIONS
Among other features, the Service allows users to create, upload, download, organize, modify and store data, content and file attachments in Records and share those Records with other users. Subject to the terms and conditions of this Agreement and the usage limitations established by the Service, we hereby grant you a worldwide, non-exclusive, non-transferable right to access and use the Service during the term of this Agreement to (i) create, submit content to, edit and delete Records, (ii) invite other users to view, submit content to Records, and (iii) otherwise use the Records, web forms, reports, and other features and functionality of the Service for your personal use (or, if you are a company, your internal business purposes).
You agree to use the Service only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability. You will not copy or distribute any part of the Service in any medium without our prior written authorization and you will not alter or modify any part of the Service.
You further agree not to disrupt, overwhelm, attack, modify or interfere with the Service or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others’ use of the Service. You agree not to alter or tamper with any information or materials on or associated with the Service. Other than connecting to our servers by http requests using a Web browser, you may not attempt to gain access to our servers by any means – including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Service or otherwise. In order to protect the integrity of the Service, we reserve the right at any time in its sole discretion to block members from certain IP addresses from accessing our website or the Service.
All information, documents, products, software and services provided as part of the Service, including trademarks, logos, graphics and images (the “Materials”) are provided to you by us.
We grant you the limited right to display the Materials only on your personal computer, and to print, copy and download the Materials therein displayed on such computer, provided that: (1) both our copyright notice (set forth below) and this permission notice appear in the Materials so displayed, copied or downloaded and (2) such display, copy or download is solely for your personal or internal informational use (that is, not distributed or otherwise transmitted outside of your home or company, or otherwise broadcast in any media to any third party). You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any terms of this Agreement. Upon termination of this limited license, you agree to immediately destroy any electronic or printed Materials.
You agree not to reproduce, transmit, display, distribute, “frame” or “mirror” any Materials on any other server or Internet-based device without the advance written authorization of us or our licensors, respectively.
Except as stated herein, you acknowledge that you have no right, title or interest in or to the Materials or any Third Party Content (as further described below) on any legal basis, without our advanced written authorization.
The Service is not intended for users under the age of 18, and we do not knowingly collect personally identifiable information from users under the age of 18. Such users are expressly prohibited from submitting their personally identifiable information to us; and any information submitted by such users will not knowingly be used, posted, or retained by us.
MISUSE OF THE SERVICE
The Service is intended to be used by its Members for the purposes described above. Accordingly, Members must not: (i) include swear-words or terms that could be considered offensive in material posted on or transmitted through the Service, (ii) place material on, or otherwise use, the Service for any business or commercial purpose, (iii) use your access to the Service, or information gathered from it, for the sending of unsolicited bulk email (sometimes known as spam), or (iv) collect or harvest any personally identifiable information, including Usernames, from the Service, nor use the communication systems provided by the Service, for any commercial purpose. You may not register for or use our Service to monitor or test its performance or for other benchmarking or competitive purposes.
We reserve the right to (i) suspend or terminate any Member’s access to the Service, or parts of it, and/or (b) to remove, or require the Member to remove, any information posted on the Service, if the relevant Member or material appears to us to be in breach of any provision of this Agreement. Any person whose access has been suspended or terminated must not re-register for, or re-access, the Service without our prior consent. However, there may be times when determined people whose Membership has been terminated or suspended re-register as Members, in breach of their obligations under this Agreement; we cannot prevent that. You are responsible for everything which is done on or through the Service while your Membership account is logged on to the Service, or through your email address(es).
THIRD PARTY CONTENT
Any opinions, advice, statements, services, offers, events or other information or content expressed or made available in connection with the Service by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not ours (the “Third Party Content”). We neither endorse nor are responsible for monitoring, reviewing or the accuracy or reliability of any opinion, advice, information or statement made in connection with the Service by anyone other than our authorized employees acting in their official capacities and you agree that you shall have no right of recourse against us for any liability arising out of your use (or lack thereof) of such Third Party Content.
LINKS TO THIRD PARTY SITES
The Service may include links to other World Wide Web sites or resources (“External Web Sites”). Because we have no control over External Web Sites and resources, you acknowledge and agree that we are not responsible for the availability of such External Web Sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services, or other materials on or available from such External Web Sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such External Web Site or resource. Finally, you acknowledge that such External Web Sites usually have their own terms and conditions, including privacy policies, over which we have no control and which will govern your rights and obligations with respect to the use of those External Web Sites.
We cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. We cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through the Service, account information is only as fresh as the time shown, which reflects when the information is obtained from such sites. Such information may be more up-to-date when obtained directly from the relevant sites. You can refresh your account information through the Service, in the manner prescribed therein.
EMAILS AND ALERTS
You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. While we do guarantee the sending of alerts it undertakes to send in this Agreement, we cannot guarantee the delivery or the accuracy of the content of any alert as the recipient’s email address may be invalid or have limitations on the relevant mailbox that could impede the delivery of the email, such as a mailbox limit or spam filter. We shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
MEMBERSHIP FEES AND PRICING
Organizations: If you maintain an Organization, OurRecords will allow you to create logins for your System Admins, Administrative Managers and Organizational Administrators (“Licensed Users”), subject to any limits on the number of users for your subscription tier described on the Site. Each login (i.e., email address and password) may be used only by a single individual. You are responsible for all use and misuse of the Service that occurs under your and your Licensed Users’ login credentials, and you agree to notify OurRecords of any unauthorized access or use of which you become aware. “System Admin” means a Licensed User with the ability to (1) designate other Licensed Users as Organizational Administrators, Resource Managers, or additional System Admins, (2) establish certain limits on how “Opportunity Requirements” and “Opportunities” enabled by your subscription plan can be published. “Organizational Administrator ” means a Licensed User with the ability to create and control access to “Opportunities” and associated “Opportunity Requirements” covered by your subscription plan. “Administrative Manager” means a Licensed User who can access resource management views within the Service. If you exceed the maximum number of Organizational Administrators specified on our Site for your subscription tier, you will be charged for additional Organizational Administrators at the rate stated on the Site.
Connections: Organizational Administrators for Organizations may invite anyone with a valid email address to access and submit Records to an opportunity. When an individual is invited to submit Records to an opportunity, the organization is assigned as an “Connection” for the individual. No Service Fee is required for Organizational Administrators for Organizations. Connection invitations may be sent to an unlimited number of individuals.
Individuals: A paid subscription fee is required for individuals to utilize the Service and submit Records for Opportunities.
We reserve the right to charge for the Service or any portion thereof, modify the pricing of, add to, or discontinue the Service or any portion thereof without prior notice.
As between you and OurRecords, you retain all right, title and interest in any and all data, files, attachments, text, images, personally identifiable information, and other content that you and your Licensed Users upload or submit to the Service (collectively, “Your Content”). Your Content includes content submitted to your Records, and also any data or content collected by you from third parties and submitted to OurRecords using web forms or similar features of the Service. You represent and warrant that you have all rights, permissions and consents necessary (a) to submit Your Content to OurRecords, (b) to grant OurRecords the limited rights to use Your Content set forth in this Agreement, and (c) for any transfer of Your Content or your Records from one Opportunity Requirements Organizational Administrator to another.
If you are a Licensed User, you acknowledge that any content you submit to an Opportunity Requirement may be retained indefinitely, distributed, displayed, published, modified, and used for any purpose by that Opportunity Requirement Administrator, notwithstanding any other provision of this Agreement.
OurRecords has no responsibility to enforce any confidentiality obligation the Opportunity Requirement Administrator may have to you. If you are a Licensed User who submits content to a Opportunity Requirement, the Organizational Administrator of that Opportunity Requirement may publish or distribute Your Content to a third party, revoke your permission to access an Opportunity Requirement and Your Content within it, or transfer all rights in the Opportunity Requirement to a third party.
You agree that, subject to the sharing settings selected for Records where Your Content is stored, OurRecords may use Your Content to provide the Service and its features, including by making it available for viewing, download and modification by other Service users with access rights to those Records. The Service includes features that permit Organizational Administrators to “invite” third party Collaborators to view, modify, collaborate on, share, and “publish” content from Records, and permit System Admins to set certain limits on how Records can be shared, and permit System Admins and Organizational Administrators to “publish” content. OurRecords has no liability for any distribution, display, use or disclosure of Your Content by other users of the Service to whom you provide or submit Your Content.
OurRecords may, notwithstanding any provision of any separate nondisclosure agreement that may have been executed between you and OurRecords, distribute and disclose Your Content (a) to other users via the Service as described in this Section, and (b) to OurRecords service providers who act on OurRecords behalf in providing the Service (as long as such service providers are subject to confidentiality obligations substantially as protective of Your Content as this Agreement).
If you maintain a paid account for the Service, the Service includes a feature that permits you, at any time during the term of this Agreement, to download files that includes (1) all attachments on your Records and Documents in their native file formats and (2) all other content stored in your Records and Documents in a comma separated value file. After termination or expiration of this Agreement, OurRecords may, but has no obligation to, retain Your Content and may delete Your Content from the Service at any time.
SUBSCRIPTION RENEWALS AND CANCELLATIONS
If you maintain a subscription to the Service, your subscription period is established when you purchase your subscription. You will be notified in the account administration area of the Service before the end of your subscription term. You may elect to auto-renew. If auto-renew is selected, your subscription will automatically renew for successive subscription periods of the same length. Unless we otherwise agree in writing, we charge Service Fees in advance at the beginning of each subscription period. You may view your current subscription plan and billing information at any time in your account administration settings.
Once a subscription period (initial or renewal) commences, all Service Fees paid for that period are non-refundable. You may cancel your subscription at any time before the end of the then-current subscription period using the cancellation procedure available through the account administration area of the Service, in which case your subscription will not renew and we will not charge you any further Service Fees. When you cancel your subscription, your paid subscription will terminate and you and affiliated Licensed Users’ access to the Records you created (and Your Content within them) will terminate.
SERVICE FEES; PAYMENT; TAXES
You agree to pay the fees in effect for your subscription at the time you purchase or renew it, along with any fees for additional services you agree to pay while using the Service (collectively, “Service Fees”).
Current pricing for subscription plans is available on the Site. Unless we separately agree otherwise in writing, all Service Fees for subscriptions are payable in advance prior to the commencement of each subscription period. Other Service Fees become due and payable as described on our Site or in this Agreement.
Billing Information. When you subscribe for a paid Service subscription, you will provide us with either a valid, up-to-date credit card number or the other payment information we request. If you have selected a credit card or Paypal as your payment method, you authorize us to charge your credit card (or Paypal account, as applicable) for Service Fees on the first day of your initial subscription period and for any additional Service Fees beyond your Service Fee (for example, Service Fees for online courses), to charge your credit card when such fees become due and payable. Prior to the expiration of your subscription, you will be notified and given the opportunity to renew or decline renewal. If renew is selected, you authorize us to charge your credit card (or Paypal account, as applicable) for Service Fees on the first day of the renewal period. You are responsible for maintaining up-to-date payment information on our Site. If we cannot charge your credit card for any Service Fees when due because your payment information is no longer valid and up-to-date, or if we do not receive your payment when due through the alternative payment method you have selected, we may, at our election: (a) suspend your access to the Service, in which case you will be responsible for all Service Fees incurred during the period of suspension; (b) immediately terminate this Agreement, in which case your right to use the Service will cease; or (c) without waiving our rights to suspend or terminate your account, allow you a longer period during which to make payment, in which case you will remain responsible for all Service Fees incurred while we await your payment. Late payments incur interest charges at the rate of 1% per month on any outstanding balance or the maximum amount permitted by applicable law, whichever is less. The Service Fees shown on our Site do not include any local, state or federal taxes or duties. Except for our income taxes and gross receipts taxes, you acknowledge that you are responsible to pay such taxes (if any). If we collect sales tax or other taxes from you, we will identify the portion of your payment attributable to such taxes.
TERM AND TERMINATION; SUBSCRIPTION RENEWALS AND CANCELATIONS
This Agreement takes effect when you first create a login for the Service and accept this Agreement. It remains in effect indefinitely unless terminated as provided in this Termination by You. You may terminate this Agreement at any time by written notice to us in accordance with this Agreement. We will not be obligated to refund any Service Fees to you when you terminate. Your termination will be effective immediately upon our acknowledgement, and in no event later than 30 days from your notice to us. Note that your cancelation of a subscription does not, in and of itself, terminate this Agreement.
We may terminate this Agreement and your access to the Service immediately, without any obligation to notify you or refund any Service Fees, if you are in breach of this Agreement, you misappropriate or infringe any of our intellectual property or proprietary rights, or you fail to make any payment when due.
In addition, we may terminate this Agreement at any time, for any reason or no reason. If we discontinue your access to the Service, we may refund any prepaid, unused subscription fees for the Service as soon as practicable thereafter. Otherwise, no Service Fees are refundable, and you may continue using the Service through the end of your subscription period, at which point our termination will become effective.
Upon expiration or termination of this Agreement: (a) all rights and obligations of the parties will cease, except use of content terms will survive (b) notwithstanding any provision of any surviving section, you will have no further right to use the Service. You understand and acknowledge that MEMBER Records MAY remain accessible to Organizations after your terminate the Service.
TRADEMARKS AND COPYRIGHTS
The trademarks, service marks, brands, names, logos and designs (“Trademarks”) of us or others used in connection with the Service are the property of us or their respective owners. You may not remove or alter any Trademark. You may not use any trademark displayed on the Service without the express prior written permission by us or the respective owner, and nothing contained on the Service grants by implication, waiver, estoppel or otherwise, any right to use such trademarks. All of the Materials appearing on the Service, including but not limited to, the look and feel of our website, text elements, site design, graphics, images, sound or video materials, and icons, as well as the selection, assembly and arrangement thereof, are the sole property of us or our licensors, unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material or the Trademarks is strictly prohibited without the express written consent of the owner.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the claim of infringement in writing to our designated agent with the following information: (1) an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the site; (4) your address, telephone number, and email address; (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our designated agent for notice of claims of copyright infringement:
PO Box 250926
Plano, TX 75025
Under the appropriate circumstances, it is our policy to remove and/or to disable access from the Service to web pages of repeat infringers, to terminate subscribers and account holders who are repeat infringers, and to remove and/or to disable access from the Service to web pages as to which there have been steps taken for the purpose of affecting our search results such as adding inappropriate meta-tags.
You agree to defend, indemnify, and hold harmless us, our affiliates, officers, directors, shareholders, employees, and agents from and against any claims, actions, liability, damages and/or demands, including, but not limited to, reasonable legal and accounting fees, made by any third party due to or resulting from (1) your use of the Service and/or; your connection to the Service; (2) your violation of the rights of others, this Agreement, or any intellectual property or other right of any person or entity; or (3) any intellectual property infringement by any other user of your account, if an account has been assigned to you.
DISCLAIMER OF WARRANTY
You acknowledge and agree that the Service may include certain errors, omissions, outdated information which may affect the quality of the Materials. You acknowledge and agree that we do not warrant the accuracy or timeliness of the Materials and further agree that we have no liability for any errors or omissions in the Materials, whether provided by us or our licensors. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION INCLUDED IN ANY RECORD CREATED THROUGH THE SERVICE. USERS ARE SOLELY RESPONSIBLE FOR ENSURING THE ACCURACY OF ALL INFORMATION INCLUDED IN SUCH RECORDS AND WE SHALL UNDERTAKE NO RESPONSIBILITY FOR DAMAGES CAUSED BY THE INCLUSION OF ERRONEOUS, INCOMPLETE OR OUTDATED INFORMATION IN SUCH RECORDS.
OURRECORDS AND EACH OF OUR LICENSORS, MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, RELIABILITY, AVAILABILITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION, VERIFICATIONS, CREDENTIALS, OPPORTUNITIES, THE MATERIALS AND ANY THIRD PARTY CONTENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICE, OR THE OPERATION OR FUNCTION OF THE SERVICE, ANY COMPONENT THEREOF, OR ANY PRODUCTS OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THE SERVICE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ANY INFORMATION OR MATERIAL CONTAINED IN CONNECTION WITH THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND IS FOR PERSONAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.
We have no control over, or responsibility for, the truth or accuracy of any of the Materials, Third Party Content, or other materials available on the Service, whether provided by members or others. If any External Web Site is linked to, or from, the Service, this does not mean that we endorse or have any responsibility for the site in question or anything which appears on it. You should exercise no lesser degree of caution in appraising what you see on the Service than you do offline. Even though members are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you should note that people may not necessarily be who they say they are. Your use of the Service is entirely at your own risk. Accordingly, to the extent that the law permits, you release us, our directors, shareholders, contractors and employees, from all liability arising out of or in connection with the Service.
LIMITATION OF LIABILITY
WITHOUT LIMITING THE PRECEDING CLAUSES, during any period of twelve months, OUR aggregate liability under this Agreement (whether arising in negligence or breach of this Agreement or otherwise) will not under any circumstances exceed the greater of: (i) An amount equal to the sums actually paid by you to us by way of Membership fees during the twelve month period prior to the date when liability arises, OR (ii) US$100, regardless of the cause or form of action.
We make no effort to review your account information for any purpose, including but not limited to accuracy. Notwithstanding the foregoing, we our or designees may review your account information, if explicitly authorized through paid subscription.
This Agreement was last updated: October 13, 2014.