Last revised on: March 27, 2021
ÂÜŔňÂŇÂ×. (the “Operator” or “we"), the owner of the website located at (the “Website”), provides the Website as a service to our users.
Please carefully review the following basic rules that govern your use of the Website. Please note that your use of the Website constitutes your unconditional agreement to follow and be bound by these Terms of Use (the “Terms”) (on behalf of yourself or the entity you represent) and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). You may not access or use the Website or accept the Terms if you are not at least 18 years old. If you do not agree to them, do not use the Website, provide any materials to the Website or download any materials from the Website. The term “you” refers to the individual or legal entity, as applicable, identified as the user when you registered on the Website or the user who is accessing or using the Website without a registered account.
THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 12) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. The Operator reserves the right to update or modify these Terms at any time without prior notice to you. Your use of the Website following any such change constitutes your unconditional agreement to follow and be bound by these Terms as changed. For this reason, we encourage you to review these Terms whenever you use the Website.
These Terms apply to your use of the Website and do not extend to any linked third party sites. Any rights not expressly granted herein are reserved. Unless otherwise indicated, any future release, update, or other addition to functionality of the Website shall be subject to these Terms
License. Subject to these Terms, Operator grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Website solely for your own personal, noncommercial use.
Restrictions. The rights granted to you in these Terms are subject to the following restrictions:
Modifications. Operator reserves the right, at any time, to modify, suspend, or discontinue the Website (in whole or in part) with or without notice to you. You agree that Operator will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Website or any part thereof.
Support and Maintenance. You acknowledge and agree that Operator will have no obligation to provide you with any support or maintenance in connection with the Website.
Ownership. Excluding any User Submissions that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Website and its content are owned by Operator or Operator’s suppliers. Neither these Terms (nor your access to the Website) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth herein. Operator and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
Content. Certain content on the Website is furnished by the third-parties. Operator will not be liable for any inaccuracies, errors or omissions in any such content, or for any damages arising therefrom.
“User Submissions” means any and all information and content that a user, including you, submits to, or uses with, the Website or otherwise provides to the Operator (such as information contributed for display on a company’s “Org Charts” or press releases provided to Operator through email as directed on the Website). You hereby represent and warrant that your User Submissions do not contain any confidential or proprietary information, are not libelous or otherwise unlawful, and that you have all necessary legal rights to submit, post or upload such content. You acknowledge and agree that all User Submissions may be publicly displayed on the Website and shared with other users.
You hereby grant (and you represent and warrant that you have the right to grant) to Operator an irrevocable, nonexclusive, royalty-free and fully paid, worldwide right and license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Submissions, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Submissions on the Website. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Submissions. To the extent any User Submissions relate to personally-identifiable information, any rights or licenses granted by you to same are subject to our Privacy Policy.
If you provide Operator with any feedback or suggestions regarding the Website (“Feedback”), you hereby assign to Operator all rights in such Feedback and agree that Operator shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Operator will treat any Feedback you provide to Operator as non-confidential and non-proprietary. You agree that you will not submit to Operator any information or ideas that you consider to be confidential or proprietary.
Operator reserves the right (but has no obligation) to review any User Submissions, and to investigate and/or take appropriate action against you if, in Operator’s sole discretion, you violate any provision of these Terms or otherwise create liability for Operator or any other person. Such action may include removing or modifying your User Submission and/or reporting you to law enforcement authorities. The Operator may edit or remove content on the Website at their discretion at any time.
The Operator may, but is not obligated to, monitor or review any areas on the Website where users transmit or post communications or communicate solely with each other, including but not limited to user forums and email lists, and the content of any such communications. The Operator has no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.
Registering Your Account; Registration Data. You agree to provide true, accurate, current, and complete information when registering with the Website. You agree to maintain and promptly update this account information to keep it true, accurate, current, and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or terminate your account without notice and to refuse any and all current and future use of the Website. You may delete your account at any time, for any reason, by following the instructions on the Website.
Although sections of the Website may be viewed simply by visiting the Website, in order to access some content and/or additional features offered at the Website, you may need to sign on as a guest or sign up for an account. If you create an account on the Website, you may be asked to supply your name, email address, a user ID and password. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur in connection with your password or account. You agree to immediately notify us of any unauthorized use of either your password or account or any other breach of security. You further agree that you will not permit others, including those whose accounts have been terminated, to access the Website using your account or user ID. You grant the Operator and all other persons or entities involved in the operation of the Website the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Website and in the provision of services to you. The Operator cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using website.
Access Through a SNS. If you access the Website through a SNS as part of the functionality of the Website, you may link your account with third-party accounts, by allowing Operator to access your third-party account, as is permitted under the applicable terms and conditions that govern your use of each third-party account. You represent that you are entitled to disclose your third-party account login information to Operator and/or grant Operator access to your third-party account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable third-party account and without obligating Operator to pay any fees or making Operator subject to any usage limitations imposed by such third-party service providers. By granting Operator access to any third-party accounts, you understand that Operator may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through Company Properties that you have provided to and stored in your third-party account (“SNS Content”) so that it is available on and through Website via your account. Unless otherwise specified in the Terms, all SNS Content shall be considered to be User Submissions for all purposes of these Terms. Depending on the third-party accounts you choose and subject to the privacy settings that you have set in such third-party accounts, personally identifiable information that you post to your third-party accounts may be available on and through your account on the Website. Please note that if a third-party account or associated service becomes unavailable or Operator’s access to such third-party account is terminated by the third-party service provider, then SNS Content will no longer be available on and through Website. You have the ability to disable the connection between your account and your third-party accounts at any time by accessing the “Settings” section of the Website. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND OPERATOR DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. Operator makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and Operator is not responsible for any SNS Content.
Privacy Policy. Information submitted to the Website is governed according to the Operator’s current Privacy Policy and the stated license of this website. To learn more about how we protect the privacy of the personal information in your account, please visit our Privacy Policy found here: www.theorg.com/privacy.
You agree to defend, indemnify and hold harmless the Operator and its agents, officers, employees, vendors and suppliers), including any costs and expenses (including attorneys' fees), from and against any and all claims or demands made by third-parties from or related to (i) your use or misuse of the Website; (ii) your User Submissions; (iii) your violation of these Terms; (iv) the violation of any applicable laws or regulations. Operator reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Operator. Operator will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
These Terms are effective and remain in full force while you use the Website, until terminated by either party. If you no longer agree to be bound by these Terms you must cease use of the Website. If you are dissatisfied with the Website, their content, or any of these terms, conditions, and policies, your sole legal remedy is to discontinue using the Website. The Operator reserves the right to terminate or suspend your access to and use of the Website (including your account), or parts of the Website, without notice, at any time, including but not limited to, if we believe, in our sole discretion, that such use (i) is in violation of any applicable law; (ii) is harmful to our interests or the interests, including intellectual property or other rights, of another person or entity; or (iii) where the Operator has reason to believe that you are in violation of these Terms. You agree that Operator will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Website or any part thereof. Upon termination of your rights under these Terms, your account and right to access and use the Website will terminate immediately. You understand that any termination of your account may involve deletion of your User Submissions associated with your account from our live databases. Operator will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your account or deletion of your User Submissions. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: the “Restrictions,” “Modifications,” “Support and Maintenance,” “Ownership,” and “Content” provisions under Section 2; Section 3; and Section 6 - 12.
THE WEBSITE AND ASSOCIATED MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE OPERATOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENTOF INTELLECTUAL PROPERTY. THE OPERATOR MAKES NO REPRESENTATIONS OR WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES THE OPERATOR MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE. THE OPERATOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. PRIOR TO THE EXECUTION OF A PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT, YOU ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL ADVISOR TO VERIFY INFORMATION. OPERATOR SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED UPON, OR THE RESULTS OBTAINED FROM, ANY CONTENT PROVIDED ON THE WEBSITE. NOTHING FOUND ON THE WEBSITE SHALL BE CONSTRUED AS INVESTMENT ADVICE. OPERATOR IS NOT A REGISTERED BROKER-DEALER OR INVESTMENT ADVISOR AND DOES NOT GIVE INVESTMENT ADVICE OR RECOMMEND ANY PRODUCT OVER ANOTHER.
NEITHER OPERATOR OR ANY OF THEIR ITS AGENTS, VENDORS OR SUPPLIERS MAKES ANY REPRESENTATIONS OR WARRANTIES CONCERNING ANY CONTENT ON THE WEBSITE OR ACCESSED THROUGH THE WEBSITE AND SUCH PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, LEGALITY, COPYRIGHT COMPLIANCE, RELIABILITY OR DECENCY OF SUCH MATERIAL.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR BUSINESS INTERRUPTION THAT RESULTS FROM THE DOWNLOAD OF CONTENT. THE OPERATOR SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN OR APPEARING ON THE WEBSITE. YOUR PARTICIPATION IN THE WEBSITE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE OPERATORS OR THROUGH THE OPERATORS, THEIR EMPLOYEES, OR THIRD PARTIES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL THE OPERATOR OR ANY OF ITS AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE WEBSITE OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR FOR ANY INFORMATION OBTAINED THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE OPERATOR HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE OPERATOR OR ANY OF ITS AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE, MISUSE OF OR INABILITY TO USE THE WEBSITE, EVEN IF THE OPERATORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU
THE OPERATOR'S TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE WEBSITE WILL NOT EXCEED FIFTY U.S. DOLLARS ($50.00). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OPERATOR’S SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT. YOU AGREE AND ACKNOWLEDGE THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN AND THAT THE OPERATOR WOULD NOT PROVIDE THE WEBSITE ABSENT SUCH LIMITATION.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Links to Third-Party Materials. The Website may contain links to sites owned or operated by independent third parties. These links are provided for your convenience and reference only. We do not control such sites and, therefore, we are not responsible for any content posted on these sites. The fact that the Operator offers such links should not be construed in any way as an endorsement, authorization, or sponsorship of that site, its content or the companies or products referenced therein, and the Operator reserves the right to note its lack of affiliation, sponsorship, or endorsement on the Website. If you decide to access any of the third party sites linked to by the Website, you do this entirely at your own risk. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, the Operator cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third party sites.
Other Users. Each Website user is solely responsible for any and all of its own User Submissions. Because we do not control User Submissions, you acknowledge and agree that we are not responsible for any User Submissions, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Submissions. Your interactions with other Website users are solely between you and such users. You agree that Operator will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Website user, we are under no obligation to become involved.
Release. You hereby release and forever discharge the Operator (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Website (including any interactions with, or act or omission of, other Website users or any Third-Party Links, Applications & Ads). If you are a California resident, you hereby waive California Civil Code 1542 in connection with the foregoing, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Operator respects the intellectual property of others and asks that users of our Website do the same. In connection with our Website, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Website who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Website, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
The designated Copyright Agent for Operator is: Christian Wylonis
Address of Agent: 33 Irving Pl 3rd floor New York, NY 10003
Telephone: 347-421-5085
Email: christian@theorg.com
Changes. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Website. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Website. These changes will be effective immediately for new users of our Website. Continued use of our Website following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Dispute Resolution. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Export. The Website may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Operator, or any products utilizing such data, in violation of the United States export laws or regulations. Disclosures. Operator is located at the address listed below. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Electronic Communications. The communications between you and Operator use electronic means, whether you use the Website or send us emails, or whether Operator posts notices on the Website or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Operator in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Operator provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Website. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Operator is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Operator’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Operator may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
Copyright/Trademark Information. All trademarks, logos and service marks (“Marks”) displayed on the Website are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Contact Information:
ÂÜŔňÂŇÂ×.
Address: 446 Broadway 4th floor, New York, NY 10013
Email: hello@theorg.com