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TERMS OF USE


Last Updated: November 23, 2021



 1.  ACCEPTANCE
     a) Scope. These Terms of Use (the “Terms”) govern your use of Echelon9 (the
     “Platform”). These Terms have a force of a legally binding agreement, even
     if you are simply browsing without intention to contact us or register an
     account. The term "us," "we" or "our" refers to the owners and operators of
     this Platform. The term "you" refers to the viewer of the Platform. Our
     Privacy Policy
     is another important document that you should familiarize yourself with
     because it describes our practices with respect to your personal
     information. You cannot visit the Platform if you do not agree to these
     Terms or the Privacy Policy. Sometimes we modify these Terms. We don’t
     notify users about every change to the Terms but you can see the date of
     the last update at the top of this page. If you still wish to visit the
     Platform after said date, that constitutes your agreement to the updates.
     b) Your Personal Data. We collect, process and sell consumer data related
     to reviews of employers or vendors and about those businesses and employees
     of those businesses. By using our Platform you agree: (i) to let us gather
     and sell data about your organization through technology integrations you
     authorize; (ii) publicly use your name, likeness, company name, and other
     company details to promote our Platform. See our Privacy Policy for more
     details.
 2.  VENUE
     a) Neutral Venue. Our Platform is a neutral venue. WE SHALL NOT BE HELD
     LIABLE FOR USERS’ DATA, TRANSACTIONS, INTERACTIONS AND INFORMATION. We are
     not liable for the consequences of you disclosing your personal information
     to others. b) Interactive Features. This Platform includes interactive
     features that allow users to communicate with us and each other. You agree
     that, because of the limited nature of such communication, any guidance you
     may receive can be incomplete and may even be misleading. Therefore, any
     assistance you may receive using any our Platform’s interactive features
     does not constitute specific advice and should not be relied upon without
     further competent independent confirmation. c) DRIVING. DO NOT USE THE
     PLATFORM IN ANY MANNER THAT DISTRACTS YOU FROM DRIVING OR IS ILLEGAL (E.G.,
     IN JURISDICTIONS THAT DO NOT ALLOW THE USE OF MOBILE DEVICES WHILE
     DRIVING). WE SHALL NOT BE LIABLE FOR YOUR COMPLIANCE WITH TRAFFIC LAWS. d)
     Third Parties; Reviews. The Platform contains reviews of and references to
     third party services. We do not monitor all content submitted to the
     Platform. We do not verify the truthfulness of all reviews, so rely on them
     at your own risk. We shall not be liable for user submissions or any third
     party content on the Platform. We shall not be liable for any third party
     venues and cannot guarantee their performance. e) No Professional Advice.
     Nothing on our Platform constitutes legal, career or any other type of
     professional advice on our part. Your use of the Platform does not form an
     attorney-client, employer-employee or any other professional relationship
     between you and us. If you engage anybody listed on our Platform, we are
     not a party to your interactions and transactions. f) No Guarantees. We
     cannot guarantee the quality or accuracy of reviews on the site, and
     therefore shall not be liable for any decisions made based on the reviews.
     The "Verfiied" tag or symbol does not mean that we have verified the usage
     of the service or accuracy of the review, just that the identify of the
     submitter has been verified.
 3.  INTELLECTUAL PROPERTY
     a) Our Intellectual Property. We and our content suppliers own all
     intellectual property rights in our Platform contents, logos, trademarks
     (whether registered or unregistered) and data. Our IP rights are protected
     by U.S. law and international IP conventions. By using our Platform you do
     not acquire any of our IP rights. Nevertheless, you can view and print out
     this Platform’s content for personal use. We reserve all rights that are
     not expressly granted under these Terms or other written agreements between
     you and us. b) Your Submissions. We do not claim ownership rights over your
     Submission content. However, if you upload any content to the public areas
     of our Platform, you state that: (i) you have all necessary rights to that
     content, and (ii) we can display, transmit, modify and distribute this
     content without compensation to you. We can use and implement any feedback
     that you voluntarily provide, without compensation to you. We can sell and
     otherwise commercially utilize this data without compensation to you. c)
     Copyright Infringement. We take copyright infringement seriously. Report it
     to us if you see it on our Platform and we will investigate. In accordance
     with the Digital Millennium Copyright Act of 1998, the text of which may be
     found on the U.S. Copyright Office website at
     http://www.copyright.gov/legislation/dmca.pdf, we will promptly investigate
     claims of copyright infringement committed using our Platform if such
     claims are reported to legal@echelon9.com. If you hold copyright or are
     authorized to act on behalf of the copyright holder, you can report alleged
     copyright infringements as follows: i. Identify the copyrighted work that
     you claim has been infringed. ii. Identify the material or link you claim
     is infringing. iii. Provide your company affiliation (if applicable),
     mailing address, telephone number, and, if available, email address. iv.
     Include both of the following statements in the body of your report: - “I
     hereby state that I have a good faith belief that the disputed use of the
     copyrighted material is not authorized by the copyright owner, its agent,
     or the law (e.g., as a fair use)” - “I hereby state that the information in
     this report is accurate and, under penalty of perjury, that I am the owner,
     or authorized to act on behalf of, the owner, of the copyright or of an
     exclusive right under the copyright that is allegedly infringed.” v.
     Provide your full legal name and your electronic or physical signature.
 4.  ACCEPTABLE USE
     By visiting this Platform, you represent and agree that: a) You are 18
     years of age or older. You have a full capacity to enter into a legally
     binding agreement, such as these Terms. If you are under 18 years of age,
     you may not use the Platform. b) If purchasing anything, you are
     responsible for ensuring your payment method is valid. You will pay as
     agreed using only payment methods which you are authorized to use. You will
     not use false identity. c) You will not let others use your account, except
     as may be explicitly authorized by us. Everything that happens under your
     account is your responsibility. Registering duplicate accounts is not
     allowed. d) If you make a submission, it shall be truthful and not
     misleading. We can terminate any account for writing untruthful reviews,
     comments or other content. We reserve the right to edit, reject or erase
     anything submitted to us without prior notice. You will not send spam,
     anything defamatory, vulgar, racist, abusive or hateful. e) If you make a
     submission, it will not violate any non-confidentiality or other binding
     agreements you have made with your employer or any other third party. f)
     You will not use our Platform in connection with any sexually explicit
     material, illegal drugs, promotion of alcohol to persons under 21 years of
     age, pirated computer programs, viruses or other harmful code, disclosure
     of anyone's private information without consent, pyramid schemes,
     multilevel-marketing, "get rich quick" offerings, encouragement of
     violence. g) You will ask for our permission before copying anything from
     our Platform for republication. h) You will not use our Platform for
     anything illegal. i) We reserve the right to terminate any account using
     our sole reasonable discretion and without notice or liability. j) Bots,
     crawlers, indexers, web spiders, harvesters or any similar automatic
     processes are not allowed on our Platform. k) You will not impede the
     proper functioning of the Platform.
 5.  YOUR ACCOUNT
     a) You may be able to register and access the Platform through a
     third-party login, such as Microsoft Office 365 or Google (“SSO
     Providers”). If you access via an SSO Provider, you agree that we may
     access, make available through the Platform, and store any information,
     data, text, messages, tags, and/or other materials that are accessible to
     the Platform via the SSO Provider, including personally identifiable
     information for yourself and your connections or colleagues. Please note:
     your relationship with the SSO Provider is governed solely by your
     agreement with those SSO Providers and we disclaim any liability for
     personally identifiable information that may be provided to us by a SSO
     Provider in violation of the Platform’s Privacy Policy. 6. CONFIDENTIALITY
     You cannot use or disclose any confidential information relating to our
     business, users, operations and properties for any purpose without our
     express prior written authorization. You agree to take all reasonable
     measures to protect the secrecy of and avoid disclosure or use of our
     confidential information.
 6.  BREACH OF THESE TERMS
     If any user violates these Terms or any law, we can, without limitation:
     (i) ban that user from the Platform; (ii) disclose the user’s identity to
     authorities and assist in investigations; (iii) delete or moderate the
     user’s content; (iv) take any other action available under law.
 7.  DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
     a) EVERYTHING WE PROVIDE ON THIS PLATFORM IS ON AN “AS IS” BASIS, TO BE
     RELIED ON AT YOUR OWN RISK. DO YOUR OWN RESEARCH BEFORE RELYING ON ANYTHING
     ON THIS PLATFORM. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
     ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
     QUALITY, NON-INFRINGEMENT, SAFETY, FREEDOM FROM DEFECTS OR THAT DEFECTS
     WILL BE CORRECTED, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE PERFORMANCE. b)
     WE ARE NOT LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
     DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE
     ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR
     DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE
     CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
     LOSSES AND CAUSES OF ACTION EXCEED THE FEES WE RECEIVED FROM YOU, IF ANY.
     SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO
     THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
 8.  INDEMNIFICATION
     You agree to defend, indemnify and hold harmless our company, its officers,
     directors, employees and agents, from and against any and all claims,
     damages, obligations, losses, liabilities, costs or debt, and expenses
     (including but not limited to attorney's fees) arising from: (i) your use
     of and access to the Platform; (ii) your violation of any provision of
     these Terms; (iii) your violation of any third party right, including
     without limitation any copyright, property, or privacy right; or (iv) any
     claim that one of your user submissions caused damage to a third party.
 9.  ARBITRATION; CLASS ACTION WAIVER
     a) Arbitration. Any controversy or claim arising out of or relating to
     these Terms, or the breach thereof, shall be settled by arbitration
     administered by the American Arbitration Association in accordance with its
     Commercial Arbitration Rules and judgment on the award rendered by the
     arbitrator(s) may be entered in any court having jurisdiction thereof. The
     place of arbitration shall be New York City, NY. The arbitration shall be
     governed by the laws of the State of New York. Except as may be required by
     law, neither a party nor an arbitrator may disclose the existence, content,
     or results of any arbitration hereunder without the prior written consent
     of both parties. You understand that this Section means that, by using the
     Platform, you agree to arbitrate, thus, waiving your rights to sue in court
     and have a jury trial. b) Class Action Waiver. You acknowledge and agree
     that you waive your right to participate as a plaintiff or class member in
     any purported class action or representative proceeding. Further, unless
     both you and us otherwise agree in writing, the arbitrator may not
     consolidate more than one person's claims, and may not otherwise preside
     over any form of any class or representative proceeding.
 10. APP STORES
     a) Apple. By downloading the Platform from a device made by Apple, Inc.
     (“Apple”) or from Apple’s App Store, you specifically acknowledge and agree
     that: i. Apple is not a party to these Terms. Apple is not responsible for
     the Platform or the content thereof and has no obligation whatsoever to
     furnish any maintenance or support services with respect to the Platform.
     ii. The license granted to you hereunder is limited to a personal, limited,
     non-exclusive, non-transferable right to install the Platform on the Apple
     device(s) authorized by Apple that you own or control for personal,
     non-commercial use, subject to the Usage Rules set forth in Apple’s App
     Store Terms of Uses. iii. In the event of any failure of the Platform to
     conform to any applicable warranty, you may notify Apple, and Apple will
     refund the purchase price for the Platform, if any, to you. To the maximum
     extent permitted by applicable law, Apple will have no other warranty
     obligation whatsoever with respect to the Platform. iv. Apple is not
     responsible for addressing any claims by you or a third party relating to
     the Platform or your possession or use of the Platform, including without
     limitation (a) product liability claims; (b) any claim that the Platform
     fails to conform to any applicable legal or regulatory requirement; and (c)
     claims arising under consumer protection or similar legislation. v. In the
     event of any third party claim that the Platform or your possession and use
     of the Platform infringes such third party’s intellectual property rights,
     Apple is not responsible for the investigation, defense, settlement or
     discharge of such intellectual property infringement claim. vi. You
     represent and warrant that (a) you are not located in a country that is
     subject to a U.S. Government embargo, or that has been designated by the
     U.S. Government as a “terrorist supporting” country; and (b) you are not
     listed on any U.S. Government list of prohibited or restricted parties.
     vii. Apple and its subsidiaries are third party beneficiaries of these
     Terms and upon your acceptance of the terms and conditions of these Terms,
     Apple will have the right (and will be deemed to have accepted the right)
     to enforce these Terms against you as a third party beneficiary hereof. b)
     Google Play. By downloading the Platform from Google Play (or its
     successors) operated by Google, Inc. or one of its affiliates (“Google”),
     you specifically acknowledge and agree that: i. to the extent of any
     conflict between (a) the Google Play Terms of Uses and the Google Play
     Business and Program Policies or such other terms which Google designates
     as default end user license terms for Google Play (all of which together
     are referred to as the “Google Play Terms”), and (b) the other terms and
     conditions in these Terms, the Google Play Terms shall apply with respect
     to your use of the Platform that you download from Google Play, and ii. you
     hereby acknowledge that Google does not have any responsibility or
     liability related to compliance or non-compliance by us or you (or any
     other user) under these Terms or the Google Play Terms.
 11. GENERAL
     a) Communications. You agree that we can communicate with you
     electronically, via SMS, push notifications, email or phone calls. All
     electronic communications shall have the same legal force as if they were
     in paper form. b) Relationship of the Parties. You and us are in an
     independent contractor relationship with respect to each other. That means
     that there is no partnership, joint venture, employer/employee or any
     similar arrangement. c) Hyperlinks. Linking to our Platform is allowed,
     however, it must always be done in a way that does not adversely affect our
     business or implies some form of association when there is none. d)
     Severability. If any part of these Terms is found to be unenforceable, then
     only that particular portion, and not the entire Terms, will be
     unenforceable. e) Assignment. We have the right, at our sole discretion, to
     assign or subcontract our rights or obligations outlined in these Terms. f)
     Waiver. Our failure to exercise any of our rights under these Terms shall
     not be considered a waiver to exercise them in other instances. No waiver
     shall be effective unless it is in writing signed by us. g) Prevailing
     Language. If there are any inconsistencies or conflicts between the English
     original of these Terms and any foreign language translation, the English
     version shall prevail.


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