1. Web Site Ownership and Terms of Use
This Web site (Site) is operated by iRelaunch, LLC (iRelaunch or Company). Throughout the Site, the terms "we," "us" and "our" refer to iRelaunch. iRelaunch offers this Site, including all information, tools, Programs (defined below) and services available from this Site, to you, the user (You or you), conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. Your use of this Site constitutes your agreement to these Legal Terms and Notices (Terms).
One of the services we make available through the Site is our job board (Job Board), a web-based recruiting platform through which registered job seekers (Job Seekers) can post or create their resumes and profiles and search for available jobs, and registered employers (Employers) can post descriptions of their available jobs, create and display a profile of their organization or company, accept resumes/indications of interest in their available jobs from Job Seekers, and search the Job Board’s resume and profile database for potential candidates for available jobs, among other functionalities. Use of the Job Board by Job Seekers and Employers is governed by the Terms applicable to all users of this Site and its various Applications (as defined below) and by the Terms specific to Job Seekers and Employers.
We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms, we grant you a personal, non-exclusive, non-transferable, limited right to enter and use the Site.
This Site may provide you with access to certain proprietary programs (Programs), whether purchased via this Site or made available to you by one of our partners, and other applications otherwise made available by us (with the applications, Programs and related documentation referred to as Applications). These Terms apply to your use of the Applications, and by using an Application, you are agreeing to comply with these Terms.
Unless otherwise indicated, you may access, copy, download and print the iRelaunch Content contained on the Site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the iRelaunch Content you access, or make any additional representations or warranties relating to such iRelaunch Content. Unless otherwise indicated, you may print iRelaunch Content made available for download solely for your personal and non-commercial use and may not copy or further distribute any such documents after download. Any other use of iRelaunch Content on the Site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any iRelaunch Content or services obtained from the Site, or use of the Site or such iRelaunch Content for purposes competitive to iRelaunch, is expressly prohibited.
You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. iRelaunch reserves the right to refuse any person's access to this Site, remove any person from this Site, or prohibit any person from using this Site for any reason whatsoever. Termination of your access or use will not waive or affect any other right or relief to which iRelaunch may be entitled at law or in equity. Unless otherwise expressly provided for in these Terms, iRelaunch is under no obligation to issue refunds to any user under any circumstances.
The Site Content, including all associated intellectual property rights, are provided to you under a nonexclusive, nontransferable, limited license, without right of sublicense, that is revocable at any time in iRelaunch’s sole discretion, for individuals solely for your personal, non-commercial use and for Employers and other organizations solely for the purposes stated herein, and in each case for no other purpose. iRelaunch neither warrants nor represents that your use of the Site Content on this Site will not infringe rights of third parties not affiliated with iRelaunch.
You may not use contact information provided on the Site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way.
2. Use and Posting of Information on the Site; Ownership
(A) Content; Ownership; Licenses & Restrictions. Unless otherwise stated below, all content made available via this Site (including, without limitation, the Applications, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, or content incorporated from other sources, such as screen scrapes or other data made available via an Application, as well as the selection and arrangement thereof, referred to in the aggregate as iRelaunch Content), as between you and iRelaunch, is the exclusive property of and owned by iRelaunch, its licensors or its content providers, and is protected by copyright, trademark and other applicable laws. Any resume, job listing, material, text, picture, mark, logo, sound, graphic, video or other data, as such materials may be modified from time to time, that a Job Seeker or Employer uploads to the Job Board or provides to the Company to upload or otherwise incorporate into the Job Board or (User Content) is owned by and shall remain the exclusive property of the Job Seeker or Employer, as the case may be (each, a Job Board User). Site Content refers to both the User Content and iRelaunch Content, when taken together.
No title to the Site or any part thereof (including without limitation the ownership of any Job Board User account) is transferred to any Job Board User, and all rights not expressly granted to such Job Board User hereunder are reserved by the Company. Each Job Board User grants to the Company a worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, distribute, display and publish the User Content on the Job Board. In addition, each Employer grants to the Company a worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, distribute, display and publish the Employer’s User Content elsewhere on the Site, in the Company’s marketing materials and on the Company’s social media channels to promote the Job Board and the Company’s business. All goodwill associated with the User Content shall inure to such Job Board User’s benefit.
(B) User Content. The Company reserves the right to refuse to accept, post, display or transmit any User Content in its sole discretion. The Company does not represent or guarantee the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any other communications posted by Job Seekers or Employers nor does the Company endorse any opinions expressed by Job Seekers or Employers. You acknowledge that any reliance on material posted by Job Seekers or Employers will be at Your own risk.
(C) Job Board Required Terms and Disclaimers. If You are a Job Seeker, You acknowledge and agree that (a) You are solely responsible for the form, content and accuracy of any resume, profile, material or other User Content placed by You on the Site, and (b) any resume, profile, material or other User Content that You submit must and will describe You, an individual person. Examples of inappropriate and prohibited User Content include, but are not limited to, User Content that purports to represent an animal, place, inanimate object, fictional character, or real individual that is not You.
Employers: You acknowledge and agree that (a) the Company does not accept anonymous job postings and that all job postings must clearly identify the Employer, (b) except in cases where the Job Board functionality incorporates postings from other sources, such as Indeed, the Company only accepts job postings directly from Employers and will not permit postings by outside recruiters or other third parties purporting to act on behalf of an Employer, and (c) the Company will automatically cancel your Job Board account if you attempt to use the Job Board for any purpose other than posting information about employment openings within Your own clearly identified organization and searching the resume and profile database for potential candidates for such openings. If you are accessing or using the Job Board in your capacity as an employee of an Employer, you are agreeing to these Terms on behalf of yourself and such Employer, as applicable, and you represent and warrant that you have the authority to bind such Employer to these Terms.
Each Job Board User represents and warrants that any User Content that the Company receives from (for uploading to or incorporating in the Site or otherwise), or is posted or transmitted to the Site by, such Job Board User: (a) shall not infringe the intellectual property rights of any third party or any rights of publicity or privacy, (b) shall not violate any law, statute, ordinance or regulation (including without limitation the laws and regulations governing employment discrimination, unfair competition, privacy, anti-spamming and anti-discrimination or false advertising), (c) is not untruthful, defamatory, libelous, threatening, harassing (including inciting of or advocating harassment of any group or individual), or implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual, (d) shall not display or link to pornographic, indecent or sexually explicit material of any kind, and (e) shall not contain any viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines that might damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. Each Job Board User further acknowledges and agrees that the foregoing is only a partial list of prohibited User Content for illustration only and is not a complete list of all prohibited User Content.
Each Job Board User has sole responsibility for his, her or its User Content. The Company is only acting as a passive conduit for the online distribution and publication of User Content. The Company may, from time to time, upload or otherwise incorporate, or assist with uploading or incorporating, User Content to the Site, but such action shall not be deemed an endorsement, approval or certification of accuracy or validity by the Company of all or any portion of such User Content.
The Company may at any time delete any Job Board User account or remove any User Content from the Site that the Company deems, in its sole discretion, to be inappropriate, without prior notice to any Job Board User. However, the Company is not obligated to do so.
3. Additional General Restrictions
You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or the Site Content included here, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Site Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Site Content for any purpose that is unlawful or prohibited by these Terms or to solicit the performance of any illegal activity or other activity which infringes the rights of iRelaunch or others.
With respect to the Applications, in addition to the balance of the terms and conditions contained in these Terms, you may not:
· provide any other person, including any subcontractor, independent contractor, affiliate, or service provider with access to or use of the Applications;
· modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Applications or any part thereof;
· combine the Applications or any part thereof with, or incorporate the Applications or any part thereof in, any other programs;
· reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Applications or any part thereof;
· remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices provided on or with the Applications, including any permitted copy thereof;
· except as expressly permitted under these Terms or with written permission from us, copy the Applications, in whole or in part;
· rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Applications, or any features or functionality of the Applications, to any third party for any reason, whether or not over a network or on a hosted basis, including in connection with the internet or any web hosting, wide area network (WAN), virtual private network (VPN), virtualization, time-sharing, service bureau, software as a service, cloud, or other technology or service; or
· use the Applications for purposes of competitive analysis of the Application, the development of a competing software product or service, or any other purpose that is to our or our licensors’ commercial disadvantage.
4. Registration and Accounts; Payment
Registration or the creation of an account is generally required to use certain Programs or Applications, to access the Job Board or to attend one of our conferences. Program purchases, registration and account creation are available via the Site. The Job Board is made available to individual Job Seekers at no charge. Some Programs (such as the “Return to Work Starter Kit”) are made available to individuals at no charge, where indicated. If you received a registration link from one of our third-party partners, then you should use that link to register. If you choose to register via the Site, payment will be required, and the benefits associated with the third-party partner undertaking (if any) will not be available to you.
Payments made via this Site are facilitated by third-party payment processors. For example, Program payment is facilitated by Stripe or PayPal; payment for certain conferences is facilitated via Eventbrite; and Employer payments for the Job Board are facilitated by Stripe or PayPal. We have no authority over Stripe, PayPal, or Eventbrite, or liability with respect to transactions processed via these third parties. Prior to submitting payment, you should familiarize yourself with the relevant terms of use and privacy notices for each such party.
Registration for certain conferences, webinars, trainings and other events made available via this Site are generally facilitated via third-party platforms, such as Constant Contact or Eventbrite. We have no authority over these third-party platforms or liability with respect to your use of the services made available via the same. You should familiarize yourself with the terms of use and privacy notices for these third-party platforms prior to using their services.
iRelaunch reserves the right to change any of its third-party providers and will update these Terms accordingly.
Once you register or create an account, you are solely responsible for all activities that occur under your account and for maintaining confidentiality of your account information. Registration and account information submitted by you is governed by the terms of our Privacy Policy. For additional terms regarding links and third parties, please see Links; Social Media below.
This Site contains links to other Web sites, including social media sites, many of which are operated by third parties. These links are provided to facilitate related activities (such as conference registration, access to job opportunities or job search resources), as a convenience to you. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites and you should review such terms prior to using the services available via such sites.
Your use of social media sites, including any iRelaunch forums located at those sites, is governed by the applicable social media site terms. For example, use of and participation in the “iRelaunch Return to Work Forum” is governed by the Facebook terms of use, privacy and other policies.
This Site may also include access to third-party resources, including coaches and other professionals. If you contact a third-party resource, you do so at your sole discretion.
iRelaunch is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites or resources.
6. Downloads via Third-Party Sites and Services
We sometimes make available podcasts and other downloadable content via third-party services, such as iTunes, Stitcher, SoundCloud, Google Play, and Spotify. The terms of use and intellectual property rights applicable to your use of such podcasts are as specified within the third-party service and media being downloaded.
7. Privacy
Our Privacy Policy applies to use of this Site, Applications, the Job Board and your other interactions with us, and its terms are made a part of these Terms by this reference. In addition, you should familiarize yourself with the privacy practices of the third-party sites accessible via this Site, including for example, Constant Contact, Eventbrite, Stripe, and PayPal.
Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send via the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
8. Trademarks, Copyrights and Other Intellectual Property Rights
Trademarks, logos and service marks displayed on this Site and within the Site Content are registered and unregistered trademarks of iRelaunch, its licensors or content providers, or other third parties (such as Employers). All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without the owner's prior written permission, except as otherwise described herein.
If you provide comments, suggestions and recommendations to us (such as in a comment within the blog, or via email communications, social media messages or postings, or messages sent directly through the Site’s “Contact Us” mechanism) about this Site or the iRelaunch Content (e.g., modifications, enhancements, improvements) (collectively, Feedback), you are automatically assigning this Feedback to iRelaunch.
iRelaunch reserves all rights not expressly granted in and to the Site and its iRelaunch Content. The selection and arrangement of the iRelaunch Content on this Site is protected as a compilation under the copyright laws of the United States and other countries.
9. Infringement Notice
We respect the intellectual property rights of others and request that you do the same. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may notify our copyright agent:
We respect the intellectual property rights of others and request that you do the same. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may notify our copyright agent:
Chief Executive Officer
Email: [email protected]
To be effective, your notification must (i) be in writing, (ii) be provided to our agent, and (iii) include substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
iRelaunch is under no obligation to post, forward, transmit, distribute or otherwise provide any material available on this Site, including material you provide to us, and we have an absolute right to remove any material from the Site in our sole discretion at any time.
10. DISCLAIMERS AND LIMITATION OF LIABILITY; SPECIAL PROVISIONS FOR JOB BOARD USERS
THE FOLLOWING DISCLAIMERS APPLY SPECIFICALLY TO JOB BOARD USERS AND ARE IN ADDITION TO – AND NOT IN LIEU OF – THE GENERAL DISCLAIMERS AND LIMITATIONS ON LIABILITY THAT APPEAR BELOW.
iRELAUNCH DOES NOT SCREEN JOB APPLICANTS FOR QUALIFICATIONS OR WORK AUTHORIZATION. iRELAUNCH DOES NOT GUARANTEE JOB PLACEMENT FOR ANYONE USING THE JOB BOARD AND DOES NOT GUARANTEE THAT AN EMPLOYER WILL FILL A VACANCY BY ADVERTISING ON THE JOB BOARD OR SEARCHING THE RESUME AND PROFILE DATABASE. RESUMES, PROFILES AND JOB POSTINGS ON THE JOB BOARD DO NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION BY iRELAUNCH. iRELAUNCH EXPLICITLY MAKES NO REPRESENTATIONS OR GUARANTEES WHATSOEVER ABOUT ANY USER CONTENT OR THE VALIDITY OR ACCURACY OF ANY USER CONTENT. iRELAUNCH IS NOT RESPONSIBLE FOR THE JOB APPLICATION, RECRUITING, SCREENING AND INTERVIEW PROCESS, HIRING DECISIONS, SAFETY, WAGES, WORKING CONDITIONS, ETHICS OR ANY OTHER ASPECT OF EMPLOYMENT WITH EMPLOYERS. IT IS THE RESPONSIBILITY OF JOB SEEKERS TO PERFORM DUE DILIGENCE IN RESEARCHING EMPLOYERS WHEN APPLYING FOR OR ACCEPTING EMPLOYMENT AND TO THOROUGHLY RESEARCH THE FACTS AND REPUTATION OF EACH ORGANIZATION TO WHICH THEY ARE APPLYING.
THE JOB BOARD FUNCTIONALITY IS PROVIDED BY A THIRD-PARTY SERVICE PROVIDER, AND IRELAUNCH OFFERS NO ASSURANCES, WARRANTIES, OR PROMISES OF ANY KIND REGARDING THE AVAILABILITY OF THE JOB BOARD SERVICE PROVIDED VIA THE SITE. IF THE JOB BOARD IS UNAVAILABLE, OR YOU ARE OTHERWISE DISSATISFIED WITH THE OFFERED FUNCTIONALITY, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE TERMINATION OF YOUR USAGE OF THE JOB BOARD. IF YOU ARE AN INDIVIDUAL JOB SEEKER WHO ELECTS TO TERMINATE YOUR USAGE OF THE JOB BOARD, THEN THESE TERMS OF USE INCLUDING, WITHOUT LIMITATION, THE LIABILITY PROVISIONS AND LIMITATIONS CONTAINED IN THE PRECEDING PARAGRAPH, SHALL CONTINUE TO APPLY AS BETWEEN YOU AND IRELAUNCH. IF YOU ARE AN EMPLOYER WHO ELECTS TO TERMINATE YOUR SUBSCRIPTION TO THE JOB BOARD, THEN IRELAUNCH SHALL ISSUE A REFUND TO YOU EQUAL TO A PRO-RATED AMOUNT OF JOB BOARD SUBSCRIPTION FEES (IF ANY) THAT YOU PAID COVERING THE PERIOD OF TIME FOLLOWING THE EFFECTIVE DATE OF YOUR SUBSCRIPTION TERMINATION; OTHERWISE, THE TERMS SPECIFIED IN THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION THE LIABILITY PROVISIONS AND LIMITATIONS CONTAINED IN THE FOLLOWING PARAGRAPH, SHALL CONTINUE TO APPLY TO YOUR USE OF THE JOB BOARD AND AS BETWEEN YOU AND IRELAUNCH.
11. GENERAL DISCLAIMERS AND LIMITATIONS ON LIABILITY
THE SITE AND SITE CONTENT ARE PROVIDED ON AN "AS IS" “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. iRELAUNCH, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. iRELAUNCH MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE, INCLUDING ALL SITE CONTENT, WHETHER YOU PAY TO USE THE SITE OR USE IT FOR FREE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND SITE CONTENT IS AT YOUR OWN RISK AND THAT THE SITE (BUT NOT NECESSARILY ALL SITE CONTENT) IS MADE AVAILABLE TO YOU AT NO CHARGE. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER iRELAUNCH NOR ITS AFFILIATES, SUPPLIERS OR THIRD-PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, THE UNAVAILABILITY OF THE SITE, THE SITE CONTENT, OR ANY OTHER WEB SITE YOU ACCESS THROUGH A LINK FROM THIS SITE (OR THE INFORMATION OR MATERIALS MADE AVAILABLE VIA SUCH OTHER WEB SITE) OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, OUR REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE OR SITE CONTENT, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF iRELAUNCH, ITS AFFILIATES OR ANY OF ITS SUPPLIERS, THIRD-PARTY CONTENT PROVIDERS, CONTRACTORS OR SUBCONTRACTORS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER iRELAUNCH NOR ITS AFFILIATES, SUPPLIERS, THIRD-PARTY CONTENT PROVIDERS, CONTRACTORS OR SUBCONTRACTORS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE OR SITE CONTENT.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE SITE AND SITE CONTENT. YOU AND iRELAUNCH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR SITE CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU, IN WHICH CASE, iRELAUNCH’S TOTAL LIABILITY, WHETHER FOR DIRECT OR SPECIAL/CONSEQUENTIAL DAMAGES SHALL NOT EXCEED $100 IN THE AGGREGATE.
12. Indemnification
You agree to indemnify and hold iRelaunch, its officers, directors, advisory board members, shareholders, predecessors, successors in interest, employees, contractors, subcontractors, agents, licensors, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us or them by any third party due to or arising out of or in connection with your use of the Site or the Site Content, or your User Content.
13. Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site and Site Content, including all disputes, will be governed by the laws of the United States and by the laws of the Commonwealth of Massachusetts without regard to its conflicts of laws’ provisions. You agree to the personal jurisdiction by and venue in the state and federal courts located in Norfolk County, Massachusetts, and waive any objection to such jurisdiction or venue. Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.
14. Void Where Prohibited
If any Site Content on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, then the Site is not intended for you, and we ask you not to use the Site or Site Content, as applicable. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
15. Miscellaneous
If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain in full force and effect. These Terms constitute the entire agreement between you and iRelaunch with regard to your use of the Site and Site Content, and any and all other written or oral agreements or understandings previously existing between you and iRelaunch with respect to such use are hereby superseded and cancelled. iRelaunch’s failure to insist on or enforce strict performance of these Terms shall not be construed as a waiver by iRelaunch of any provision or any right it has to enforce these Terms, nor shall any course of conduct between iRelaunch and you or any other party be deemed to modify any provision of these Terms. These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties.
Updated by iRelaunch, LLC on April 8, 2020