Terms of Service

CONNECTIONFORCE, L.L.C. WEBSITE USER AGREEMENT

 

By accessing, viewing, downloading or otherwise using ConnectionForce or any webpage or feature available through ConnectionForce, any information provided as part of the ConnectionForce services, or any related emails, newsletters or services (hereinafter collectively “ConnectionForce” or the “Services”), or by clicking “Join ConnectionForce” during the registration process, you conclude a legally binding agreement with ConnectionForce, L.L.C., 9660 Falls of Neuse Road, Suite 138-297, Raleigh North Carolina 27615, USA (“we”) based on the terms of this ConnectionForce User Agreement (“Agreement”) and become a ConnectionForce user (“User”). If you are using ConnectionForce on behalf of a company or other legal entity, such entity may have a separate agreement with us, but you are nevertheless individually bound by this Agreement. If you do not want to become a User, do not conclude the Agreement, do NOT click “Join ConnectionForce” and do not access, view, download or otherwise use any ConnectionForce webpage, information or services.

We encourage you to read this User Agreement with great care in order to participate with us as a User in the development of a mutually beneficial relationship between sales people and companies that need their products and/or services (insert your own desired text based on your company’s mission). By becoming a User, you acknowledge that you have read and understood the terms and conditions of this User Agreement and that you agree to be bound by all of its provisions.

 

1.            Registration

You are required to complete a registration process. You certify, represent and warrant that the information you provide is true, accurate, complete, current, and that it belongs to you. You shall keep your information complete and up-to-date at all times. Failure to maintain your registration information may cause your access to the system to be interrupted, suspended or terminated.  You are responsible for monitoring your account, changing your password periodically and notifying ConnectionForce, L.L.C. immediately of any unauthorized use or breach of security of your password.

 

2.            Subscription Accounts

You must maintain an active subscription account at all times to have full access to the system. ConnectionForce offers a variety of subscription plans ("plans") at varying price and activity levels, including special promotional plans, some having minimum activity requirements or other conditions. The different access plans are designed to accommodate a wide variety of user preferences and each plan is subject to specific Plan Details. Subscription fees and terms vary and additional conditions, restrictions and limitations may apply to each plan.

 

3.            Plan Details

To view your particular Plan Details, login and click on the "My Account" link from  the "My Connectionforce" tab.  If your current plan is not satisfying your needs, you may email us at support@connectionForce.com for more information.

 

4.            Method of Payment

Payments may be made by credit card. Unless otherwise indicated in your Plan Details, your credit card will be charged on a recurring basis as long as your account remains open and active.  Your account will remain open and active until your membership is canceled, suspended or terminated. You authorize ConnectionForce to charge your credit card for your recurring subscription fee payments as applicable based upon your Plan Details. ConnectionForce is permitted to bill you as described in you Plan Details, including any applicable tax and any other charges you may incur in connection with your use of the system. Additional charges may include individual point purchases and other requested data services.

 

5.            Your Credit Card Information

You are required to provide all information necessary to open and maintain your subscription account.  For security purposes, certain plans may require that you to enter and maintain valid credit card information regardless of any applicable payment options. You authorize ConnectionForce to share information as is necessary to process your payments. ConnectionForce will use commercially reasonable business practices to secure your credit card information.

You may change your credit card information at any time from the "My Account" area. You shall keep your credit card information up-to-date at all times. You must promptly notify ConnectionForce of credit card loss, theft or unauthorized usage. Unless you provide such notice, you agree to pay all fees and remain liable for unauthorized usage of the system.

 

6.            License & Use

You are granted a license to access the system subject to this contract and all existing rights, restrictions and limitations. Your license is individual, personal, limited, restricted, non-exclusive, non-transferable, non-sub licensable, revocable, and terminable. Your license is limited to one authorized user per account.

You certify, represent, warrant and agree that you shall use the system and all information made available through the system for legal and legitimate business purposes and in a manner that complies with all applicable local, state, national and international laws, regulations or conventions at all times.

 

7.            Cancellation

IF YOU PROPERLY CANCEL YOUR ACCOUNT IN WRITING ON OR BEFORE 30 DAYS AFTER THE DATE THIS AGREEMENT IS FIRST MADE, YOU WILL BE ENTITLED TO A REFUND OF 100% OF YOUR SUBSCRIPTION FEE. TO RECEIVE SAID REFUND, YOUR WRITTEN CANCELLATION NOTICE MUST BE ADDRESSED TO CONNECTIONFORCE, L.L.C., 9660 FALLS OF NEUSE ROAD, SUITE 138-297, RALEIGH, NORTH CAROLINA 27615, POSTAGE PREPAID, AND POSTMARKED ON OR BEFORE 30 DAYS AFTER THIS AGREEMENT IS FIRST MADE. WHERE APPLICABLE AND UNLESS OTHERWISE SET FORTH IN YOUR SPECIFIC PLAN DETAILS, YOUR ACCOUNT WILL REMAIN ACTIVE UNTIL THE END OF YOUR CURRENT SUBSCRIPTION TERM UNLESS OTHERWISE TERMINATED BY CONNECTIONFORCE. SUBSCRIPTION FEES WILL NOT BE PRORATED OR REFUNDED FOR PARTIAL-MONTH USAGE. SUBSCRIPTION FEES CHARGED TO YOUR ACCOUNT AFTER RECEIPT OF YOUR CANCELLATION WILL BE REFUNDED.  YOU WILL FORFEIT YOUR ACCUMULATED CONTACTS, POINTS, AND RATING UPON THE EFFECTIVE DATE OF YOUR CANCELLATION.

 

8.            Termination

ConnectionForce may suspend or terminate your account at any time, for any reason, and without prior notice. Suspected system misuse will result in your immediate termination. You will no longer have access to the system. You will forfeit your accumulated contacts, points, and rating upon termination. In the unlikely event that ConnectionForce files for bankruptcy, your account will immediately terminate upon said filing. YOUR SUBSCRIPTION FEE WILL NOT BE REFUNDED OR PRORATED FOR PARTIAL-MONTH USAGE FOLLOWING TERMINATION FOR ANY REASON.

 

9.            Use of the System

ConnectionForce has no actual control over your use of information outside the system. You shall not use the system or information made available through the system for any purposes or in any manner that is illegal or improper, including, without limitation, the following:

  • For any purpose, activity or in any manner that is criminal, illegal or actionable;

  • In violation of any local, state, national or international laws, regulations or conventions;

  • To illegally ‘spam’ anyone or to sell, give, make available or otherwise distribute information to a spammer or for the purpose of spamming;

  • For unethical marketing activities;

  • To associate, attribute, collect, store, distribute or otherwise process any non-business information related to anyone;

  • To communicate with anyone using language or in any manner that is sexually explicit, profane, pornographic, immoral, obscene, vulgar, offensive, violent, dangerous, harmful, threatening, abusive, harassing, hateful, discriminatory, or racially, ethnically or otherwise objectionable.

10.            Acts against the System

You shall not attempt to or engage in potentially harmful acts that are directed against the system including, without limitation, the following:

  • Failing to maintain an acceptable member rating;

  • Causing, allowing or assisting any other person to use your account or impersonate you;

  • Forging screen names, manipulating identifiers or otherwise impersonating any other person for any reason;

  • Emulating or faking usage of the system;

  • Falsely stating or otherwise misrepresenting your affiliation with any person or entity;

  • Introducing viruses, worms, software, Trojan horses or other similar harmful code into the system;

  • Causing, allowing or assisting machines, bots or automated services to access or use the system without the express written permission of ConnectionForce;

  • Tampering with the operation, functionality or the security of the system;

  • Attempting to override or circumvent any security or usage rules
    embedded into the system that permit digital materials to be protected;

  • Misusing, tricking, disrupting or otherwise interfering with the system.

11.            Suspected Misuse and Penalties

ConnectionForce shall be the sole and final arbiter of suspected Code violations, misuse and penalty. Suspected violations may result in penalties for misuse including, without limitation, one or more of the following:

  • Assessment of penalty points to your account;

  • Suspension;

  • Termination;

  • Personal identification;

  • Legal action.

ConnectionForce reserves the right to seek civil, criminal or injunctive relief, at its sole discretion and without obligation, to enforce this code.

 

12.            Interruption and Errors

ConnectionForce does not guarantee that the system will be uninterrupted or error-free. ConnectionForce may modify, amend, adapt, supplement, suspend, discontinue, terminate or make other similar changes, temporarily or permanently, to the system, or any portion thereof, at its discretion, with or without notice.

 

The system may be interrupted, delayed or unavailable for your access from time to time for reasons including, but not limited to, the following: routine data compilation, service and maintenance; attacks, interference or interruption by the acts of third parties; earthquake, flood, fire, storm or other natural disaster; war, terrorism, armed conflict; labor strike, lockout or boycott; power failure or blackout; or other unforeseen or unavoidable events. ConnectionForce shall not be liable to you or to any third party for routine, unforeseen or unavoidable interruption, delay or unavailability.

 

13.            Securing Member Information

ConnectionForce uses commercially reasonable business practices to secure its system. ConnectionForce does not guarantee the security of information and shall not be responsible for infiltration, provided that commercially reasonable practices have been used.

 

14.            Reliance and Assumption of Risk

Use of the system is at your sole discretion and risk. You have independently evaluated the desirability of using the system. You are not relying on any representation, guarantee, or statement other than this contract. You shall not rely on the accuracy, completeness, usefulness or legality of the system or any information made available through the system at any time. You shall bear all risks of and are solely responsible for your use of the system and all information made available to you through the system.

 

15.            Your Obligations - What You Must Do

A) Comply with laws and terms of this Agreement: You must comply with all applicable laws, and the terms of this Agreement, as may be amended, which are incorporated into this Agreement.

B) License and warrant your submissions: You do not have to submit anything to us, but if you choose to submit something (including any User generated content, ideas, concepts, techniques and data), you must grant, and you actually grant by concluding this Agreement, a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, and use and commercialize, in any way now known or in the future discovered, anything that you submit to us, without any further consent, notice and/or compensation to you or to any third parties. By submitting any information to us, you represent and warrant that such submission is accurate, is not confidential, and is not in violation of any contractual restrictions or other third party rights. You further agree to inform ConnectionForce in the event that any such information has changed since your registration with ConnectionForce and, if appropriate, you agree to make such modifications yourself to your profile.

ConnectionForce exercises no control over any content you or others submit while using ConnectionForce. ConnectionForce has no obligation to verify the identity of any Users when they are connected to the site or to supervise the content which has been provided by Users. Note that we describe our current practices related to personally identifiable information collected through ConnectionForce in our Privacy Policy and that we may update our policies and practices from time to time at our sole discretion. Should you believe that someone is misusing or otherwise appropriating your information, you must immediately inform ConnectionForce.

Prior to joining ConnectionForce, you must consider and decide, yourself, the extent to which you wish to reveal information about yourself to the large community of ConnectionForce Users and to ConnectionForce and you must not communicate to ConnectionForce and its Users any information the dissemination of which could be harmful to you.

C) Service eligibility: You represent and warrant that you (a) are not under the age of 18; (b) have not previously been suspended or removed from ConnectionForce; (c) are not a direct competitor of ConnectionForce; (d) do not have more than one ConnectionForce account at any given time; and (e) that you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party. In addition, you must provide all equipment and software necessary to connect to ConnectionForce, including, but not limited to, if the Service contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Service and to use any part of the Service.

D) Keep your password secure: Keep your password confidential, do not use other Users’ accounts and do not let others use your account; you are responsible for anything that happens through your account — until you notify us of a breach (customer_service@ConnectionForce.com), close down your account or prove that your account security was compromised due to a fault of our systems. You are prohibited from selling, trading or otherwise transferring your ConnectionForce account or any information therein to another party or charging anyone for access to any portion of ConnectionForce, or any information therein.

E) Indemnify us: You have to indemnify us and hold us harmless from any damages, losses and costs (including, but not limited to, reasonable attorneys’ fees) related to third party claims, charges or investigations, caused by (a) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (b) any content you submit to ConnectionForce or (c) any activity in which you engage on or through the ConnectionForce.

F) Pay: If you subscribe to any services that we offer for a charge, you will pay the applicable fees (including, without limitation, monthly fees for premium accounts) as they become due plus all related taxes and reimburse us for any collection costs and interest for any overdue amounts.

G) Notify us of acts contrary to the Agreement: If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory laws, you agree to provide us with detailed, 30 days prior written notice before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation.

H) Premium Services: If you have access to any ConnectionForce’s Premium Services, this User Agreement applies to your use of such services.

I) Mobile Services: Certain parts of the Service may be available via your mobile phone or accessible on your mobile phone through a downloadable application (“Mobile Services”). In using Mobile Services, you agree that we may communicate with you regarding the Service by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In addition, use of the Mobile Services may cause icons and data to be displayed on and through your mobile device, which data may be updated on a periodic basis by connecting to and transferring data from servers through the Internet and/or communication systems to provide content updates and to populate your mobile device with new information. By using Mobile Services, you hereby explicitly agree to the foregoing service functionality. In the event you change or deactivate your mobile telephone number, you agree to promptly update your ConnectionForce account information to ensure that your messages are not sent to the person that acquires your old number. Use of the Mobile Services may result in charges imposed by your wireless provider and you will be responsible for such charges. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. Finally, by using any downloadable application to enable your use of the Mobile Services, you are explicitly confirming your acceptance of the terms of the mobile End User License Agreement provided at download.

J) Forums/Blogs/Chat Rooms: ConnectionForce may include various forums, blogs and chat rooms where you can post your observations and comments on designated topics. ConnectionForce cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. CONNECTIONFORCE AND THE CONNECTIONFORCE AFFILIATES ARE NOT RESPONSIBLE FOR A MEMBER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS, BLOGS AND CHAT ROOMS.

K) Privacy: You should carefully read our full Privacy Policy before deciding to become a User of ConnectionForce. Please note that certain information, statements, data and content (such as photographs) which you may choose to provide might, or are likely to, reveal your gender, ethnic origin, nationality, religion and/or sexual orientation, and that you are providing all such information, statements, data and content in full acknowledgment thereof and under your sole responsibility. By providing such information to us, all of which is optional, you are hereby expressly giving your informed consent to the processing by us of such “sensitive” data.

L) Export Control: Your use of ConnectionForce services, including its software, is subject to export and reexport control laws and regulations, including the the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department's Office of Foreign Assets Control. You shall not — directly or indirectly — sell, export, reexport, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining any required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.

 

16.            Your Rights - What You May Do

On the condition that you comply with all your obligations under the Agreement, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable right to access, through a generally available web browser (but not any scraping, spidering, crawling or other technology or specialist software used to harvest data) to view information that we provide on ConnectionForce webpages as we intend such information to be used, and only in accordance with the Agreement and any specific terms of use that we make available to you. You may submit information to us at your own risk of loss per Sections 1, 4 and 8 hereof. We grant you no other rights, implied or otherwise.

 

17.            Our Rights and Obligations - What We Must And May Do

The purpose of ConnectionForce is to provide a service to facilitate professional networking among Users throughout the world. It is intended that Users only connect to other Users who they currently know and seek to further develop a professional relationship with those Users.

For as long as ConnectionForce continues to offer services, ConnectionForce shall provide (and seek to update, improve and expand, in similar and different new ways) the ConnectionForce platform and service with the purpose of providing all members with professional networking connectivity, through ConnectionForce’s proprietary tools, rules and protocols which ConnectionForce may update, improve, discontinue and change at any time, at ConnectionForce’s sole discretion.

Any other use of ConnectionForce (such as seeking to connect to someone a User does not know or to use ConnectionForce as a means of generating revenue through the sale of contacts or information to others) is strictly prohibited and is a violation of this Agreement.

We allow you to access ConnectionForce as it may exist and be available on any given day. We have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue ConnectionForce, partially or entirely, or to charge and modify prices for ConnectionForce. All of these changes shall be effective upon their posting on our site or by email communication to you. We reserve all rights not expressly granted herein, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in ConnectionForce and all related items.

ConnectionForce reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice. For avoidance of doubt, ConnectionForce has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services.

ConnectionForce may include or automatically produce links to third party web sites (“Third Party Sites”). ConnectionForce is not responsible for and does not endorse any advertising, products or other materials on or available from such web sites or resources. ConnectionForce may also include articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). If you decide to leave ConnectionForce and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from ConnectionForce or relating to any applications you use or install from the site.

ConnectionForce enables certain third-party developers (“Platform Developers”) to create websites and applications that retrieve data made available by ConnectionForce and its users and/or that retrieve authorized data from third-party sites for use through the Service (“Platform Applications”).

Platform Developers may require you to agree to their own terms of service, privacy policies and/or other policies as a condition of using their respective Platform Applications. For a more detailed discussion of Platform Developers, please refer to ConnectionForce’s Privacy Policy.

You acknowledge and agree that we may send you important information and notices regarding the Service by email or through other means, including mobile or other hand held devices. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service. You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims of a violation of the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of ConnectionForce, the ConnectionForce Affiliates, its Users and the public.

ConnectionForce may limit the number of connections you may have to other Users and prohibit you from contacting other Users through use of the Services.

You are solely responsible for your interactions with other members.

ConnectionForce reserves the right, but has no obligation, to monitor disputes between you and other members and to terminate your account if ConnectionForce determines, in its sole discretion, that doing so is prudent.

 

18.            Disclaimer of Warranties

CONNECTIONFORCE MAKES NO REPRESENTATION, GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, RELATED TO THE SYSTEM, THE INFORMATION MADE AVAILABLE THROUGH THE SYSTEM OR THEIR RESPECTIVE USES. THE SYSTEM AND THE INFORMATION MADE AVAILABLE THROUGH THE SYSTEM MAY CONTAIN ERRORS AND/OR BUGS AND MAY PRODUCE UNEXPECTED RESULTS. THE SYSTEM AND THE INFORMATION MADE AVAILABLE THROUGH THE SYSTEM ARE PROVIDED ‘AS IS.’

ANY AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 

19.            Limitation of Liability

YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT CONNECTIONFORCE SHALL NOT BE LIABLE FOR ANY GENERAL, SPECIAL, CONSEQUENTIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, INFORMATION, BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES) WHATSOEVER ARISING OUT OF THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SYSTEM, INCLUDING THE CONDUCT OF ANY THIRD PARTY, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT CONNECTIONFORCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. APPLICABLE LAW MAY NOT ALLOW LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Your exclusive remedy for any claim shall be limited to the subscription fee paid by you for the subscription term during which the event giving rise to the claim occurred or U.S. $25.00, whichever is greater. In no event shall liability to you exceed the amount paid by you for your subscription fee. The limitations, exclusions and disclaimers set for above shall apply and be enforceable to the maximum extent allowed by applicable law, even if any remedy fails its essential purpose.

 

20.            Indemnification

You agree to indemnify, defend, and hold ConnectionForce harmless against any loss, damage, cost, allegation, liability, expense, claim or demand, including court costs and reasonable fees for attorneys or other professionals, made by any third party resulting from your use of the system or information made available through the system.

 

21.            Legal Inquiries and Requests

In response to a verified request by law enforcement or other government officials relating to a criminal investigation or alleged illegal activity, you agree and authorize ConnectionForce to disclose information about you without a subpoena.

ConnectionForce, at its sole discretion, may assist third parties to protect their rights in the event that illegal or improper information is entered into or made available through the system or information made available through the system is used for illegal or improper purposes. ConnectionForce may disclose information about you as required by law or to comply with legal process, to report suspected illegal activities or to protect the rights, property or interests of ConnectionForce. ConnectionForce reserves the right and discretion, without obligation, to enforce this contract by any appropriate legal means available.

 

22.          Choice of Law and Arbitration

A) Choice of Law: The Agreement and any disputes with us or any ConnectionForce Affiliate arising out of or relating to the Agreement or ConnectionForce (“Disputes”) shall be governed by North Carolina law.

B) Agreement to Arbitrate and Pay Attorneys’ Fees: Any Disputes shall be resolved by final and binding arbitration under the rules and auspices of the American Arbitration Association, to be held in Raleigh, North Carolina, in English, with a written decision stating the findings and legal reasoning issued by the arbitrator(s) at either party’s request, and with arbitration fees and reasonable attorneys’ fees of both parties to be borne by the party that ultimately loses.

C) Exception from Arbitration Agreement: Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction.

 

23.          General Terms

A) Severability: If any provision of the Agreement is found to be invalid or unenforceable under mandatory laws of a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purpose and this shall not affect the validity or enforceability of (a) such provision under the laws of any other jurisdiction, or (b) any other provision of the Agreement.

B) Notices: We may notify you via postings on www.ConnectionForce.com, and via email or any other communications means of contact information you provide to us. You may also notify us via email at Legal@ConnectionForce.com or via mail or courier at ConnectionForce, L.L.C., Attn: Legal Department, 1234 Somewhere Street, Raleigh, North Carolina 27609 USA; any notices that you provide without compliance with this Section on Notices shall have no legal effect.

C) Entire Agreement: You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.

D) Amendments to this Agreement: We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.ConnectionForce.com or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time per Section 7 hereof.

E) No informal waivers, agreements or representations: Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any ConnectionForce Affiliate shall be deemed legally binding on any ConnectionForce Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of ConnectionForce.

F) No Injunctive Relief: In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service.

G) Beneficiaries: ConnectionForce Affiliates are not parties, but intended third party beneficiaries of this Agreement, with a right to enforce the Agreement directly against you.

H) Assignment and Delegation: You may not assign or delegate any rights or obligations under the Agreement and any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially. We may also substitute, by way of unilateral novation, effective upon notice to you, ConnectionForce, L.L.C. for any third party that assumes our rights and obligations under this Agreement.

24.            Notice and Procedure for Making Complaints Regarding Content

To notify ConnectionForce, L.L.C. of Content that infringes your rights, you must send a notice to the ConnectionForce, L.L.C. Content Complaint Manager by mail, email, or fax, and provide the following information:

  • Your name, address, telephone number, and e-mail address;
  • A description of the Specified Content that your claim either infringes your rights or is otherwise unlawful, specifying which parts of it you believe infringe your rights, or are unlawful, and which parts you believe should be removed;
  • A description of the exact location of the Specified Content on the Web Site;

  • (In the event you believe that the Specified Content infringes your rights): A statement specifying in detail the rights you assert, and why the Specified Content infringes them;

  • (In the event you believe that the Specified Content is otherwise unlawful): A statement specifying in detail which laws you believe are being breached, and why the Specified Content does so;

  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are damaged by the Specified Content or authorized to act on such person’s behalf; and

  • Your electronic or physical signature (as appropriate).
  • When we receive a notice that complies with the above requirements, we will evaluate the information you provided (including, if appropriate, forwarding the notice to, or otherwise contacting the source of the Specified Content), and if appropriate in our judgment, remove or disable access to the Specified Content. In such case, we may notify the source of the Specified Content of your complaint and our action taken. In some cases, if the source of the Specified Content provides us with information indicating that the Specified Content has been removed wrongly, we may reinstate the Specified Content. Our take-down and re-instatement procedures are and remain at our sole discretion.

You may want to seek the advice of independent legal counsel before filing a notice or responding to a notice filed by someone else.

Contact information for ConnectionForce, L.L.C.’s Content Complaint Manager is as follows:

            E-Mail:             support@ConnectionForce.com

 Regular Mail:            ConnectionForce, L.L.C.
                                     ATTN: General Counsel
                                     9660 Falls of Neuse Rd, Suite 138-297
                                     Raleigh, North Carolina 27615, USA

 


I HAVE READ THIS CONTRACT. I UNDERSTAND, ACKNOWLEDGE AND ACCEPT ITS TERMS. I CONSENT AND AGREE TO BE HELD TO THESE TERMS.


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