Terms & Conditions
TERMS & CONDITIONS
The mission of PeopleLinx is to guide your use of social media to maximize the benefits to you and to the organization through which you registered with PeopleLinx. To achieve this mission, we make services available through our website and by individual and group coaching sessions, to help you optimize the content of your profiles in social media platforms, including without limitation LinkedIn®, and to help you and your organization make the most out of these social media profiles.
1. Acceptance of Terms
IF YOU DO NOT AGREE TO THIS AGREEMENT, PLEASE EXIT THIS WEBSITE AND DISCONTINUE ANY ACCESS OR USE OF INFORMATION AVAILABLE ON THIS WEBSITE, OR ANY SERVICES AVAILABLE THROUGH THIS WEBSITE.
2. Definitions and Additional Terms
In order to use this website and the Services you will be giving PeopleLinx access to information you maintain with social media and other websites, applications and services, including without limitation, LinkedIn® (“Third Party User Content”). You represent that you are eligible to use these services in accordance with their terms.
You agree that the registration information you provide is accurate, complete and current.
4. Proprietary Rights in Website
In the course of your use of this website or of or the Services, you will view certain content. This website contains copyrighted material, trademarks and other proprietary material belonging to PeopleLinx, its licensors and others, including, without limitation, text, data, photos, graphics and other images, software, specifications, audio and video files. This website and the Services are protected by patent, copyright, trademark and other intellectual property laws. One of the terms appearing on the website, “LinkedIn”, is a registered trademark of LinkedIn Corporation and its affiliates in the United States and/or other countries. Without the advance written consent of PeopleLinx, you shall not use, copy, reproduce, distribute, modify, adapt, create derivative works of, display, publicly perform, transmit, broadcast, sell, license or in any way exploit the materials on or provided through the website, in whole or in part, or any trademarks, service marks, trade names and trade dress, whether registered or unregistered, used by PeopleLinx on this website or in any Services.
5. User Content – Ownership and Use
You waive all rights to any claim against PeopleLinx for any actual or alleged infringement of any proprietary rights, rights of privacy or publicity, moral rights and rights of attribution in connection with the User Content, and you acknowledge and agree that you are not entitled to receive any compensation for any User Content you submit, upload or transmit in connection with this website.
You own the information you provide PeopleLinx under this Agreement, and may request its deletion at any time. PeopleLinx does not have control over and cannot delete any information or content you have shared with others, including other Users. Following the deletion of your User Content or the termination of your account with PeopleLinx, PeopleLinx may continue to use information you provided to PeopleLinx in a manner that: (i) your identity may not be ascertained, (ii) the underlying information is not discernible or (iii) the information cannot be reverse engineered or decompiled to arrive at the underlying data, information or content. PeopleLinx does not maintain or store your Third Party User Content. Upon termination of your account, PeopleLinx will no longer have continued access to such Third Party User Content.
By submitting suggestions, enhancement or modification requests, recommendations or other feedback relating to the operation of the Services (“Suggestions”) to PeopleLinx, you acknowledge and agree that: (i) your suggestions do not contain confidential or proprietary information and are not subject to any intellectual property claim by a third party or any license terms which would require any products or services derived from such Suggestions to be licensed to or from, or shared with, any third party; (ii) PeopleLinx is not under any obligation of confidentiality, express or implied, with respect to the Suggestions; (iii) PeopleLinx shall be entitled to use or disclose (or choose not to use or disclose) such Suggestions for any purpose, in any way, in any media worldwide; (iv) PeopleLinx may have something similar to the Suggestions already under consideration or in development; (v) you irrevocably assign to PeopleLinx all rights, title and interest to your Suggestions; and (vi) you are not entitled to any compensation or reimbursement of any kind from PeopleLinx under any circumstances.
7. Permitted Use
8. Restrictions on Use
As a condition to using this website and the Services, you agree that you will not:
- violate any applicable law or regulation, including without limitation, privacy laws and intellectual property laws;
- provide inaccurate information to us;
- use this website and/or the Services to threaten, defame, abuse, assault, stalk, harass or otherwise violate the rights of any other person or entity, including, without limitation, rights of privacy or publicity;
- access or attempt to access any systems or servers on which this website is hosted, or modify or alter this website in any way;
- submit, display or transmit any images, photographs, graphics, links, audio files, video files or similar User Content with the intent to interrupt, limit or otherwise impact the performance of this website or otherwise exceed PeopleLinx’ bandwidth capacity limits submit, display or transmit any spam, duplicative messages, unauthorized promotions or advertisements, surveys, contests, chain letters or pyramid schemes;
- forge headers, misrepresent your identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any User Content transmitted to or via this website;
- publish, post, display or disseminate any User Content that is profane, obscene, pornographic, indecent, unlawful, threatening, or that promote racism, bigotry, hatred or physical harm of any kind against any group or individual, or are otherwise offensive or objectionable;
- publish, post, display or disseminate any User Content that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- publish, post, display or disseminate any User Content that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights
- collect, store, publish, post, sell, transmit or disclose personal data about other Users unless expressly authorized by such other Users to do so;
- upload or otherwise transmit files or other content that contain viruses, worms, Trojan horses, spyware, adware, sniffers, corrupted files or other computer code designed to interrupt, destroy or limit the functionality of any computer hardware, software or telecommunications equipment; or
- restrict or prevent any other User from using this website and/or the Services.
9. Information Provided by PeopleLinx
In providing the Services through this website, PeopleLinx utilizes, analyzes, aggregates and manipulates information provided by third parties and by Users of this website and/or the Services, including User Content. PeopleLinx does not endorse or guarantee the accuracy, reliability or appropriateness of any such opinion, statement, information or material and disclaims any liability whatsoever with respect to such content. You acknowledge that by using this website and/or the Services, you may be exposed to information that is inaccurate or unreliable or material you find objectionable, and in this respect, your use of this website and/or the Services and your reliance upon any such material is at your own risk. PeopleLinx has no responsibility for the conduct, on-line or off-line, of any User of this website and/or the Services, and PeopleLinx has no obligation to monitor use of this website and/or the Services. However, we reserve the right to review any User Content, and remove, delete, redact or otherwise modify such User Content in our sole discretion, at any time, without notice or other obligation to you, provided that with respect to Third Party User Content, PeopleLinx will only notify you of any issues with the content which have come to our attention or take action, as necessary, to terminate your account. PeopleLinx reserves the right to disclose, at any time, any User Content that PeopleLinx deems necessary or appropriate to satisfy any applicable law, regulation, contract obligation, legal or dispute resolution process or law enforcement or government request.
10. Copyright Infringement
We expect Users to respect the intellectual property rights of others. We may remove material in the User Content (not including the Third Party User Content) that appears in our sole discretion to infringe upon the intellectual property rights of others. We will terminate the access rights of any repeat infringer. Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), PeopleLinx has implemented procedures for receiving written notification of claimed infringements. PeopleLinx has also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, you may provide a written communication which contains the following information:
- A physical or electronic signature of the person authorized to act on behalf of the copyright owner
- Identification of the copyrighted work or works claimed to have been infringed
- A detailed description of the material you claim is infringing, together with information sufficient to enable us to locate it, including the URL where the infringing material appears
- Your name, mailing address, telephone number and e-mail address
- A statement by you that you believe in good faith belief that the copyrighted material identified is being used in a manner that is not authorized by the copyright owner, its agent or the law; and
- A statement by you that the above information is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright allegedly infringed.
To notify PeopleLinx of claimed copyright infringement, please contact:
Mailing Address: 1835 Market Street Suite 1105, Philadelphia PA 19103
If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a Counter-Notice, pursuant to Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. You may provide a written communication which contains:
- Your physical or electronic signature
- Identification of the material removed or to which access has been disabled
- A statement by you that you believe in good faith under penalty of perjury that removal or disablement of the material was a mistake or that the material was misidentified
- Your name and telephone number, and a statement that you consent to the jurisdiction of the Federal District court in the judicial district where your address is located and that you will accept service of process from the complainant submitting the notice or his/her authorized agent.
Please submit your Counter-Notice to PeopleLinx’s Copyright Agent via email or mail to the addresses specified above.
To notify PeopleLinx that you in good faith believe that content posted by a User on our website infringes your intellectual property rights (other than copyright) or is inaccurate or unlawful, you may provide written notice of this to us and submit it to [email address; mailing address]. Any assertions made by you in submitting this form are under penalty of perjury.
If you believe a complaint with respect to content or intellectual property violations was submitted in error, or if you contest the removal of the allegedly infringing, inaccurate or unlawful content, you may submit a response with respect to this it to [email address; postal address]. Any assertions made by you in submitting this form are under penalty of perjury. PeopleLinx will process such counter-notice in accordance with its policies and procedures which remain in our sole discretion.
11. Links to Third Party Websites
13. Disclaimer of Warranties
THE WEBSITE AND ALL SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTY OF ANY KIND. PEOPLELINX DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PEOPLELINX DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEBSITE AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM ERRORS OR OMISSIONS, COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR PERFORMANCE. IN ADDITION, PEOPLELINX DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEBSITE IS ACCURATE, COMPLETE OR CURRENT, OR THAT THIS WEBSITE IS COMPLETELY SECURE. PEOPLELINX IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES SENT THROUGH PEOPLELINX TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE WEBSITE, OR THE SERVICES, WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE OR THE SERVICES, MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US.
PEOPLELINX DOES NOT GUARANTEE THAT THIS WEBSITE OR THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO THE UNAVAILABILITY OF THIRD PARTY WEBSITES OR OTHER INFRASTRUCTURE, MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. PEOPLELINX DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, PEOPLELINX DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE PEOPLELINX WEBSITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE UNAVAILABILITY OF THIRD PARTY WEBSITES AND FOR ANY OTHER REASON.
14. Limitation of Liability
NEITHER PEOPLELINX NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS OR THIRD PARTY PARTNERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (EVEN IF PEOPLELINX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, TORT, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH ANY ERRORS OR OMISSIONS, VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE, THE USE, INABILITY TO USE OR PERFORMANCE OF THIS WEBSITE, THE SERVICES, OR ANY LOSS, BUSINESS INTERRUPTION OR OTHER DAMAGE SUSTAINED IN CONNECTION WITH YOUR USE OF THIS WEBSITE OR THE SERVICES. WITHOUT LIMITING THE FOREGOING, PEOPLELINX’S LIABILITY IN CONNECTION WITH YOUR USE OF THIS WEBSITE OR THE SERVICES SHALL BE LIMITED TO THE AMOUNT, IF ANY, PAID BY YOU IN CONNECTION WITH SUCH USE [IN THE SIX (6) MONTH PERIOD PRECEDING THE DATE OF THE EVENT GIVING RISE TO SUCH LIABILITY, OR US $100, WHICHEVER AMOUNT IS GREATER. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
17. Dispute Resolution
In the event that you have a dispute with one or more Users, you hereby irrevocably release PeopleLinx and its directors, officers, employees, agents, affiliates, subsidiaries, successors and assigns from any claims, demands or damages, direct, indirect, consequential or otherwise, of any kind, known or unknown, disclosed and undisclosed, arising out of, related to or in connection with any such dispute. If you are a California resident, you hereby waive California Civil Code § 1542, which states that “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
18. Governing Law
You may contact us here or by mail or courier at: 1835 Market St. Suite 1105, Philadelphia, PA 19103
Additionally, PeopleLinx accepts service of process at this address. Any notices that you provide without compliance with this section on notices shall have no legal effect.
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of this website and/or the Services, exploitation of any advertising or other materials issued in connection therewith, exploitation of this website and/or the Services, or any content or other material used or displayed through this website and/or the Services.