BY REGISTERING TO USE OR ACCESS THE SERVICES OR BY OTHERWISE USING OR ACCESSING THE SITE AND/OR SERVICES IN ANY WAY, YOU ACKNOWLEDGE AND AGREE THAT: (A) YOU HAVE READ THESE TERMS; (B) YOU UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THESE TERMS; AND (C) YOU AGREE TO BE LEGALLY BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS.
We may update these Terms at any time, in our sole discretion. If we do so, we will inform you by posting the updated Terms on our website. We may also send a notification to you at your email address or through the Services, although we may elect not to do so, or we may be unable to reach you. You are responsible for visiting the Terms section of our website from time to time to be sure you are aware of any updates to these Terms. Your continued use of the Services after we have posted updated Terms constitutes your acceptance of and agreement to be bound by the updated Terms.
You must be 18 years of age or older to use the Services. By registering for and using the Services, you represent and warrant that you (a) are at least 18 years of age, and (b) have not been previously suspended or removed from using the Services.
To access certain areas and features within the Services, you may be required to create an account, which may include setting up a profile. You agree to (a) provide accurate, truthful, current and complete information when creating an account; (b) maintain and promptly update your account information to reflect any applicable changes; (c) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer or mobile device; (d) promptly notify reacHIRE if you discover or otherwise suspect any security breaches related to the Services or your account; and (e) take responsibility for all activities that occur under your account and accept all risks of unauthorized access associated with your account. We reserve the right to refuse registration at our sole discretion.
Certain features or programs of the Services are offered only on a paid-subscription basis. The duration of the applicable subscription (each, a “Subscription Period”) and applicable prices are provided in the applicable portion of our website or in a separate agreement or ordering document between you or your organization and us. Applicable subscription fees must be paid in advance of the beginning of each applicable Subscription Period. If the applicable subscription fees are not paid prior to the beginning of the Subscription Period, your access to the applicable features or programs of the Services will be terminated until such fees are paid. Except as otherwise expressly agreed in writing between you or your organization and us, we, at our sole discretion, may modify our pricing at any time, and such pricing changes will be effective as of the start of the Subscription Period immediately following such changes.
You are solely responsible for your conduct (and the conduct of anyone who uses the Services on your behalf) with respect to the Services, which you use at your own risk. Except as expressly permitted in writing by reacHIRE, you will not do any of the following:
The Services may contain features that allow users to submit, post, store, transmit, or otherwise make available to us or our personnel or other users of the Services or visitors to our website certain content, information, comments, messages, stories, or other materials (“User Content”). In addition to the restrictions on use, as set forth above, in using the Services, including in any interaction with other users or our personnel, regardless of whether you believe you have been prompted by the Services, such personnel, or other users to do any of the following, you will not, and will not permit or enable any third party to, upload, use, create, transmit, store, display, distribute, share or otherwise make available any User Content that:
The restrictions contained above apply to the fullest extent permitted by applicable law. You are solely responsible for User Content you provide. You acknowledge that once published, User Content may be visible to others, depending on the applicable functionality of the Services and your user settings or the purpose and/or settings of the applicable feature or program of the Services. You may expose yourself to liability if, for example, User Content you submit contains material that violates any of the restrictions listed above. Without limiting the foregoing, if you violate (or are alleged to have violated) any such restrictions, your license to use the Services will immediately and automatically terminate without notice, and we may delete your account and pursue any remedy available to us under these Terms and applicable law. We reserve the right, but are not obligated, to investigate any violation of such restrictions or other misuse of the Services or breach of these Terms. Enforcement of these Terms is solely at our discretion, and failure to enforce these Terms in any instance does not constitute a waiver of our right to enforce these Terms in any other instance. Nothing in these Terms creates any private right of action on the part of any third party or any reasonable expectation that the Services will be free from conduct or content that violates the such restrictions. We may, in our sole discretion, remove or disable access to any content for any reason or for no reason, including if we believes that such content violates these Terms or any other agreement we have with you or your organization for use of the Services.
reacHIRE and its licensors own and, except for the license expressly stated in these Terms, reserve all rights, title and interest in and to the Services throughout the world, including all copyright, patent, trademark, trade dress, and all other applicable intellectual and proprietary rights in and to the Services, which include, without limitation, all information, materials, and content (including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, scripts, icons, typefaces, source and object code, format, queries, algorithms, and other content comprising or made available on or through the Services, other than your User Content) (collectively “reacHIRE Material”), as well as slogans, logos, product and service names, “reacHIRE,” “Aurora” and other trademarks. No such rights are granted to you, whether by implication, estoppel, or other legal theory. reacHIRE Material includes any information, videos, or images delivered by reacHIRE via a Third Party Service in the course of providing the Services. reacHIRE Material and User Content that is not your User Content is confidential, and you may not disclose reacHIRE Material or such User Content that you have received in the course of the Services or otherwise. reacHIRE Material is protected in all forms, media, and technologies now known or later developed. User Content that is not your User Content is owned or licensed by the applicable user.
If you believe that anything made available via the Service infringes upon any copyright or other intellectual property right that you control, you may file a notification of such infringement with our designated agent at:
Attention: Intellectual Property Agent
150 Baker Avenue Extension, #302
Concord, MA 01742
To be effective, the notification must be in writing and include the following:
We may give notice of a claim of copyright or other infringement to our users by means of a general notice on our website, electronic mail to a user’s email address in our records, or by written communication sent by first-class mail to a user’s address in our records. In accordance with the Digital Millennium Copyright Act and other applicable law, we has adopted a policy of terminating, in appropriate circumstances, and at our sole discretion, the right to access and use the Services for those users who are deemed to be repeat infringers. We may also, at our sole discretion, limit access to the Services and/or terminate the right of any user to access and use the Services for the infringement of any intellectual property rights of others, whether or not there is any repeat infringement.
reacHIRE will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, ideas, survey responses or other information or materials that you provide regarding reacHIRE or the Services, whether by email, posting through the Services, or otherwise (“Feedback”). Any Feedback you submit will become the sole property of reacHIRE. reacHIRE will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). Do not send Feedback to reacHIRE if you expect to be paid or want to continue to own or claim rights in your Feedback. You agree not to submit any Feedback that is defamatory, illegal, offensive, or otherwise violates any right of any third party, or breaches any agreement between you and any third party.
reacHIRE may suspend your license to access or use the Services or terminate these Terms at any time, with or without cause, immediately upon notice to you. You may terminate these Terms by cancelling your account through the Services. reacHIRE reserves the right, but does not undertake any duty, to take appropriate legal action including the pursuit of civil, criminal, or injunctive redress against you for continuing to use the Services during suspension or after termination, including by creation of a different account. reacHIRE may recover its reasonable attorneys’ fees and court costs from you for such actions. These Terms will remain enforceable against you while your license to access or use the Services is suspended.
At your sole expense, you will defend, indemnify and hold reacHIRE and officers, directors, employees, contractors, representatives, heirs and assigns harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of or resulting from (a) your use of the Services or the use of the Services by a third party accessing your account, including any infringement of rights of third parties, or (b) your breach of these Terms.
Date: March 22, 2019