The Rules of the Road (“Rules”) contained herein describe content and conduct that is not allowed, and may be cause for deletion, suspension or termination without explanation or prior notice on www.3point5.com, www.promotive.com or www.experticity.com (collectively “sites”).
1. Any suspected or actual illegal or fraudulent activity
2. Profane, obscene, inappropriate, disruptive, and unrelated content
3. Common Courtesy, Complaints and Etiquette
4. Solicitations and promotions and other commercial use
5. Copyright and intellectual property violations
5. Copyright and intellectual property violations
Effective: October 7, 2015
This Social Media User Agreement (“Agreement”) is a legal contract between you and Experticity (“Us”, “We” or “Our”). By creating a profile on our sites, you agree that you: have read, do understand and agree to be bound by, this Agreement. IF YOU DID NOT READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT CREATE A SOCIAL MEDIA PROFILE ON THIS SITE.
We reserve the right, in our sole discretion, to modify this Agreement at any time. Modified terms are effective as soon as they are posted. We also reserve the right to waive or modify any of these terms as they apply to a specific posting or member without affecting the application of these terms to all other postings and members. Your continued use of our sites or any contest, or any materials or services accessible through it, after modified terms are posted means you accept the modifications.
Creating a Profile
In order to begin using our social media community, you need to create a profile consisting of the following information: First Name, Last Name, and Email address. Your employer may supplement this with additional information at any time. By creating a profile in our community, you agree to the following terms and conditions:
We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section.
We take no responsibility and have no liability for any content you or any other user may post. User-generated content does not represent our advice, views, opinions, or beliefs, and we make no claim of accuracy of any user-generated material.
Our sites may contain or reference links to websites that are not controlled by us (“third party websites”). By accessing our sites and then following links to third-party websites, you may be exposed to content that you consider offensive or inappropriate. We are not responsible for the content of any third-party website or any link contained in a third-party website. The inclusion of a link within our sites does not imply any endorsement by or any affiliation with us. Access to any third-party website is at your own risk, and you should be aware that third-party websites may contain terms and privacy policies that are different from our sites. We are not responsible for such provisions and expressly disclaim any liability for them. We also encourage you to review any of the terms and/or privacy policies that may appear on such sites.
In connection with your use of our sites, you may be made aware of services, products, articles, offers, and promotions provided by third parties, and not by us. If you decide to use these third-party services, you are responsible for reviewing and understanding the terms and conditions governing those services. You agree that the third party, and not us, is responsible for performance of the services.
User Provided Content
We have no duty to monitor submissions made by you or any other user. If any user or any employer of a user finds any material to be inappropriate, it is that user’s or employer’s responsibility to inform us by emailing at http://www.experticity.com/action/feedback. We have the right, but not the obligation, to remove content and postings at our discretion, either because there has been a violation of this Agreement or the Rules of the Road, or for any other purpose.
Please keep in mind that reporting a piece of material does not guarantee that it will be removed. We may or may not investigate any complaint that is brought to our attention, and may or may not take action, including, but not limited to issuing warnings, removing the content, or suspending or terminating the screen name.
Warnings, Suspensions, and Terminations
You agree that your use of our sites may be immediately suspended or terminated without explanation or prior notice. Without limiting the foregoing, the following will lead to a termination of a user’s profile: 1) breaches or violations of this Agreement, Our Rules of the Road, or other incorporated agreements or guidelines, 2) requests by law enforcement or other government agencies, 3) a request by you (self-initiated account deletions), 4) requests by your employer, 5) unexpected technical issues or problems, and 6) extended periods of inactivity. You agree that we shall not be liable to you or any third-party for any termination of your profile.
Rights to Content
For any content that you submit, including, but not limited to, data, text, messages, files, documents, images, photographs, videos, audiovisual works, musical compositions, sound recordings, postings, your and/or other persons’ names, likenesses, voices, screen names, profiles, actions, appearances, performances and/or other biographical information or material, and any other materials, you grant us a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world, on an unrestricted basis for any purpose, without the requirement of any permission from or compensation to you.
None of the content that you submit shall be subject to any obligation of confidence on our part, our agents, subsidiaries, affiliates, partners, or third party service providers and their respective directors, officers, and employees. All content that you submit may be used in our sole discretion. We shall not be liable for any use or disclosure of any content. Without limiting the foregoing, you hereby grant us, without the requirement of any permission from or payment to you or to any other person or entity, a perpetual, irrevocable, transferable, fully-paid, royalty-free, non-exclusive, and sub-licensable worldwide license to use, re-use, reproduce, print, transmit, publish, exhibit, display, distribute, re-distribute, copy, host, cache, archive, store, index, categorize, stream, comment on, edit, alter, modify, adapt, translate, create derivative works based upon such content, in whole or in part all without further notice to you and with or without attribution.
Privacy and Security
While we endeavor to employ reasonable security practices, no Internet website or social media platform is completely secure. At any time our sites or any other Internet website for that matter could be compromised. Any content that you place on our sites is posted at your own risk, and can be obtained and used by others. Do not reveal information that you do not want to make public, such as posts including your contact information or email address. We disclaim any responsibility or liability arising from your disclosure of such personal information, or any other information, in any profile or posting.
Merchandise or Product Discounts
By viewing merchandise and/or product training videos you have the opportunity to earn discounts. If you earn any applicable manufacturer’s merchandise or product discounts, the discounts are redeemable at stores operated by your employer. Discounts provided through our sites have no cash value. Any discount provided is:
Discounts and/or prizes are issued by merchandise and/or product manufacturers, and such manufactures could indicate an expiration date on the face of any discount provided to you. In addition, any discounts and/or prizes that may be issued to you in connection with your participation in the activities described in this document may be considered compensation provided to you. You are responsible for properly reporting for federal, state and local income or other tax purposes the value of any such discounts and/or prizes and for the payment of any taxes, interest and penalties on that value. You should consult a tax professional with any questions on how to account for, report and pay any taxes on the discounts and/or prizes. You agree that we bear no responsibility for advising you as to the tax treatment of these matters. Such discounts are void after the expiration date and any alteration of discount coupons shall also void the discount. Price and availability of products for which discounts are offered are subject to change without notice.
You hereby agree to indemnify, defend, and hold Us and all respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or the Rules of the Road or claims arising from your content or conduct. You shall use your best efforts to cooperate with Us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Disclaimer of Warranties
THE CONTENT (INCLUDING, WITHOUT LIMITATION, POSTINGS, THIRD PARTY CONTENT, AND ANY OF OUR CONTENT) IS PROVIDED “AS IS” AND CARRIES NO WARRANTIES. WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT, REGARDLESS OF WHO ORIGINATES THAT CONTENT. WE DO NOT WARRANT THAT THIS SITE IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, OR OTHER LIMITATIONS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON THAT CONTENT. WE ARE NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM OUR SITES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT.
Limitation of Liability
MOST OF THE CONTENT (INCLUDING, WITHOUT LIMITATION, THE POSTINGS AND THIRD PARTY CONTENT) POSTED TO OUR SITES IS PROVIDED BY REGISTERED THIRD PARTIES NOT AFFILIATED WITH US. SUCH THIRD-PARTY CONTENT IS THE SOLE RESPONSIBILITY OF THE PERSON ORIGINATING THAT CONTENT. YOU AGREE THAT WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE IN ANY WAY FOR THIS THIRD-PARTY CONTENT. ADDITIONALLY, YOU AGREE THAT WE ARE NOT LIABLE FOR, AND YOU SHALL INDEMNIFY AND HOLD US, AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, MODERATORS, AND EMPLOYEES HARMLESS FROM ANY CLAIM, INCLUDING REASONABLE ATTORNEY’S FEES, MADE BY ANY THIRD PARTY RELATING TO OR ARISING OUT OF CONTENT YOU SUBMIT, POST, TRANSMIT, OR MAKE AVAILABLE THROUGH THIS SITE, YOUR USE OF THIS SITE, YOUR VIOLATION OF THIS AGREEMENT OR THE RULES OF THE ROAD OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR REPRESENTATIVES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY, OR THEFT OF DATA, LOSS OF PROFITS OR INVESTMENT, ACCOUNTING POSITIONS TAKEN BY YOU, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THESE LIMITATIONS MAKE IT POSSIBLE FOR US TO PROVIDE OUR SITES TO YOU.
Choice of Law and Location for Resolving Disputes
You agree that the law of the state of Utah governs this contract and any claim or dispute that you may have against us. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the state of Utah.
PLEASE NOTE THAT BY AGREEING TO THIS AGREEMENT, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF UTAH OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF UTAH FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.