Terms of Service
Last Revised: Saturday, May 16, 2020
1. INTRODUCTION AND ACCEPTANCE
These Terms of Service govern your use of websites, applications, and services provided by InfoBeyond Technologies LLC (“InfoBeyond”, “we”, “us”) including its Preworkscreen Services (collectively, the “Services” or “Preworkscreen Services”).
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OUR SERVICES. BY REGISTERING FOR OR USING OUR SERVICES YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF SERVICE, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH IN SECTION 15 BELOW. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON, COMPANY, OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO THESE TERMS.
3. COPYRIGHT POLICY
We have adopted a Copyright Policy, which is incorporated by reference into these Terms of Service. A copy of our Copyright Policy is available here under the tab navigation of Copyright Policy.
4. Business Associate Agreement
We have adopted a Business Associate Agreement as a supplement to these Term of Service for HIPAA and other law compliances. A copy of our Business Associate Agreement is available here under the tab navigation of HIPAA.
5. YOUR RESPONSIBILITIES
(A) Compliance with Laws. When using our Services, you agree to comply with all applicable international, federal, state, and local laws including, without limitation, copyright law.
(B) Backup and Security. You are responsible for taking steps to backup, secure, and protect all of Your Data (as defined in Section 9(B) below so that you have ready access to it in the event of a loss or corruption of any such materials or an or interruption to the availability of Services.
(C) Acceptable Use. Except as expressly permitted in these Terms of Service, you may not:
- remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on materials that we may provide or make available through our Services;
- circumvent, disable or otherwise interfere with security-related features of our website including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Services;
- use an automatic device, software tool (such as a Web crawler or spider) or manual process to copy or “scrape” our website for any purpose without our express written permission. Notwithstanding the foregoing, we grant public search engine operators permission to use automatic devices (such as robots or spiders) to copy content from publicly accessible portions of our website for the sole purpose of creating (and only to the extent necessary to create) a searchable index of content that is available to the public. We reserve the right to revoke this permission (generally or specifically) at any time;
- collect or harvest any personally identifiable information from our website including, without limitation, user names, passwords, email addresses, IP addresses, service and accounting information;
- interfere (or attempt to interfere) with the proper working of our website or our Services;
- use network-monitoring software to determine the architecture of or extract usage data from our website;
- conduct activities that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity;
- engage in any conduct that, in our sole discretion restricts or inhibits any other user from using or enjoying our website or Services; or
- violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce.
(D) Cooperation. You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Service.
(E) User Forums. If you take advantage of any or our user forums, you agree to abide by the rules and obligations set forth in Section 10 below.
(B) If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. You are solely responsible for the activity that occurs under your account, whether or not you have authorized the activity. You agree to notify us immediately at [email protected] of any unauthorized use (or attempted unauthorized use) of your account.
7. PAID SERVICES
(A) By registering as an employer account, you agree to pay the service fee for all registered employee accounts that are associated with your organization. The basic service fee is the amount that the subscription fee per employee multiplies the number of employee accounts in your affiliation. When you sign up for our paid services, you agree to pay all applicable fees as they come due including, without limitation, any applicable taxes that we do not collect on your behalf.
(B) Your paid account will automatically be renewed and your credit card will be automatically charged on a monthly basis, as applicable, until you cancel your subscription. If we are unable to charge a payment to your credit card or are otherwise unable to obtain payment for Services when due, then we reserve the right to suspend or terminate your access and paid account until we receive payment from you. The termination of a paid account may result in the clearance of all your data, applications, and services. We may or may not send you email notification for these actions.
(C) We reserve the right to modify our fees at any time for any reason upon notice to you. Any increase in our fees will take place at the time that the next payment of your subscription is due. From time to time we may add or modify certain offerings or Services and we reserve the right to charge you additional or different fees in consideration for providing such new or modified Services to you.
8. CHANGING OR CANCELLING YOUR ACCOUNT OR SUBSCRIPTION
You may make changes to your account by logging into your account and changing your account settings. You will remain liable for all charges through the end of the subscription period during which you modify or cancel your subscription. By way of example, if you have signed up for a monthly subscription for your paid account, then you will remain liable for all fees incurred until the end of the current month of your subscription. INFOBEYOND WILL NOT ISSUE REFUNDS (OR PARTIAL REFUNDS) FOR ANY SERVICES FOR WHICH YOU HAVE PREPAID.
9. PREWORKSCREEN SOFTWARE
(A) Permitted Use. InfoBeyond may make software available to you to be used in connection with the Services (the “Preworkscreen Software”). In such a case, we grant you a limited, nonexclusive, nontransferable, revocable license to use the Preworkscreen Software, solely in connection with the Services. You agree that the Preworkscreen Software and all copyright and all other intellectual property rights in or relating to the Preworkscreen Software are and shall remain the property of InfoBeyond and its licensors (if any). You may use the Preworkscreen Software only in connection with the Preworkscreen Services.
- You may not copy sell, transfer, rent, share, reverse engineer, decompile, copy, duplicate or translate into any language the Preworkscreen Software, or use the Preworkscreen Software or the Service to operate a service bureau for other users, except that the you may make copies of the Preworkscreen Software as necessary for you to have access to and use of the Services in accordance with these Terms of Service. You agree not to remove any copyright or other proprietary rights notices from the Preworkscreen Software.
- You may not modify any part of the Preworkscreen Software or in any way make available or provide copies of the whole or any part of the Preworkscreen Software to any third party.
- You agree to notify InfoBeyond promptly upon any unauthorized disclosure, use or copying of the Preworkscreen Software of which you become aware.
10. PROPRIETYARY RIGHTS
(A) The intellectual property rights in any Preworkscreen Software, and our Services including, without limitation, any content or materials that may be made available to you through the same are owned by us, our licensors, or both. Additionally, all trademarks, service marks, trade names and trade dress that may be used in connection with our Services are owned by us, our licensors, or both. Except for the limited use rights granted to you in these Terms of Service, you shall not acquire any right, title or interest our Services or any of our content or materials that may be made available to you through the same. Any rights not expressly granted in these Terms of Service are expressly reserved.
(B) As between InfoBeyond and you, all files, data, records, lists, and other information which you store on Preworkscreen or provide to InfoBeyond pursuant to these Terms of Service (collectively, "Your Data") will be and remain your sole and exclusive property including any related intellectual property rights. InfoBeyond makes no ownership claims with respect to Your Data. You consent to our use of Your Data to provide the Services to you.
(C) We don’t allow any third party to access Your Data unless it is requested by applicable law, lawful order, or government authority. Unless we are prohibited to do so by law, lawful order, or government authority, as applicable, we will notify you in the event that we are required by law, lawful order of a court (including, without limitation, request for production of documents), or governmental authority to disclose Your Data. In the event that we are required to produce or disclose Your Data then, unless we are prohibited from doing so, we will provide you with advance written notice of the request so that you can act to protect Your Data by, for example, seeking a protective order.
11. USER FORUMS
(A) This Section 10 applies to content that you may submit to public or semi-public areas of our website such as user discussion forums which are designed to allow users to communicate with each other.
(B) We may now or in the future permit users to post, upload, transmit through, or otherwise make available (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”) on our website. Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published on our website. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
(C) You agree not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
(D) You represent, warrant, and covenant that you will not submit any User Content that:
- violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;
- impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, harassing, profane, pornographic, or otherwise objectionable or in appropriate;
- is an advertisement for goods or services or a solicitation of funds;
- includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;
- contains a formula, instruction, or advice that could cause harm or injury; or
- is a chain letter of any kind.
(E) By submitting User Content to us, simultaneously with such posting you automatically grant, or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, (1) in connection with our business; and (2) in connection with the businesses of our successors, parents, subsidiaries, and their related companies. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content.
(F) We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.
12. TERM AND TERMINATION
(A) These Terms of Service are effective until terminated by you or us. You may terminate these Terms of Service by logging in and cancelling your account. We may terminate these Terms of Service, with our without cause, by providing advance notice to you. Upon termination, you must cease your use of our Services.
(B) Subject to applicable law, we reserve the right in our sole discretion and at any time suspend your account or block your access to the Services for any reason including if we reasonably believe that you have violated the letter or spirit of these Terms of Service. You agree that we shall not be liable to you or any third party for any suspension of your account or for blocking your access to the Services.
(C) If we suspend your use of the Services or terminate these Terms of Service without cause (i.e. you are not in material breach of these Terms of Service), then, unless we are prohibited by applicable law or court order, we will make a good faith attempt to provide you with sufficient prior notice so that you have time to retrieve Your Data. If, however, we terminate these Terms of Service because of your material breach of the same (including your failure to pay for subscribed Services), then, provided that you have paid all amounts due for Services hereunder and for any applicable charges for post-termination assistance, we may assist you in retrieving Your Data from Preworkscreen, provided we are not prohibited by applicable law or court order.
(D) The provisions of these Terms of Service which by their nature should survive the suspension or termination of your account or these Terms of Service shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, disclaimers, limitations on liability, provisions related to intellectual property ownership, and all of the miscellaneous provisions in Section 18. We reserve the right to delete Your Data upon cancellation or termination of your account or termination of these Terms of Service.
(A) OUR WEBSITE, ANY PREWORKSCREEN SOFTWARE, APPLICATIONS, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. INFOBEYOND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE OPERATION OR USE OF OUR WEBSITE, THE CONTENT, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE WEBSITE, ANY PREWORKSCREEN SOFTWARE, APPLICATIONS, OR THE SERVICES. WE DO NOT WARRANT THAT OUR WEBSITE, ANY PREWORKSCREEN SOFTWARE, OR OUR SERVICES, WILL BE AVAILABLE AT ALL TIMES, SAFE, SECURE, OR ERROR FREE.
(B) TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, INFOBEYOND AND ITS OFFICERS, DIRECTORS, EMPLOYEES, ANY PARENT COMPANY, PARTNERS, SUCCESSORS, AGENTS, AFFILIATES, SUBSIDIARIES, CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS, AND SUPPLIERS (COLLECTIVELY, THE “INFOBEYOND ENTITIES”) HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE OPERATION OR USE OF THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INFORMATIONAL CONTENT, AND NON-INFRINGEMENT. NOTWITHSTANDING THE FORGOEING, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE NOT AN INFOBEYOND ENTITY.
(C) INFOBEYOND IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE THE INFOBEYOND ENTITIES FROM ANY CLAIMS AND DAMAGES, KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
(D) YOU AGREE TO VISIT AND USE THE WEBSITE, ANY PREWORKSCREEN SOFTWARE, APPLICATIONS, AND THE SERVICES SOLELY AT YOUR OWN RISK.
14. LIMITATION OF LIABILITY
(A) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NONE OF THE INFOBEYOND ENTITIES WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL (INCLUDING LOST PROFITS) OR EXEMPLARY DAMAGES, ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH INFOBEYOND, THE WEBSITE, THE PREWORKSCREEN SOFTWARE, THE SERVICES, OR THESE TERMS OF SERVICE, WHETHER DIRECTLY OR THE FOREGOING LIMITATION ON LIABILITY APPLIES EVEN IF INFOBEYOND HAS BEEN MADE AWARE OF THE POSSIBLITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEBSITE SHALL BE TO TERMINATE AND DISCONTINUE YOUR USE OF OR ACCESS AND USE OF THE WEBSITE, ANY PREWORKSCREEN SOFTWARE, AND OUR SERVICES.
(B) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF THE INFOBEYOND ENTITIES EXCEED THE GREATER OF (1) THE AMOUNT THAT YOU HAVE PAID TO INFOBEYOND FOR SERVICES THAT GAVE RISE TO YOUR CLAIM DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING YOUR CLAIM; OR (2) $500.00. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY ACCESS OR USE OF THE WEBSITE, THE PREWORKSCREEN SOFTWARE, OUR SERVICES, OR THESE TERMS OF SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
(C) In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.
You agree to indemnify and hold harmless the InfoBeyond Entities from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) brought by third-parties arising out of, related to, or that may arise in connection with: (i) your access to or use of the Services; (ii) User Content or Your Data provided by you or through use of your account; (iii) a violation or breach by you of these Terms of Service; or (iv) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
16. MODIFICATION; ADDITIONAL TERMS
(A) We reserve the right at any time and for any reason, to modify or discontinue any aspect or feature of the Services or to modify these Terms of Services. Subject to the next paragraph, we may modify these Terms of Service at any time by posting a revised version on the site or by otherwise notifying you as set forth in Section 19 below. The modified terms will become effective three (3) days after posting or, if we notify you by email, as stated in the email message. Your access and use of the site after the effective date of any modification of these Terms of Service will signify your assent to and acceptance of the same. If you object to any subsequent revision to these Terms of Service, immediately discontinue use of the site. All counteroffers to these Terms of Service (or amendments to the same) are categorically rejected.
(B) If a dispute arises out of or relates to the site or these Terms of Service including, without limitation, any Additional Terms (as defined below) or their breach (the “Dispute”), the parties agree that the Terms of Service in effect at the time the dispute arose shall apply to the Dispute, including any amendments to the Terms of Service posted prior to the dispute arising. No amendments to the Terms of Service shall apply to any Dispute as to which we had notice prior to posting the amendment.
(C) In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of the site generally, unique parts of the site, or both (“Additional Terms”). Any Additional Terms that we may provide to you will be effective upon notice and incorporated by reference into these Terms of Service. To the extent any Additional Terms directly conflict with these Terms of Service, the Additional Terms will control.
17. IDEA SUBMISSION POLICY
Other than those we have specifically requested (and to which specific Additional Terms apply), our policy is not to accept or consider ideas or suggestions submitted by our users. We have adopted this policy in order to avoid confusion and misunderstandings in case that your ideas, suggestions, or other materials are similar to ones that have developed (or may develop) independently. Therefore, we are not responsible for any ideas, suggestions, or materials submitted to us. If you still choose to send us ideas, suggestions, or other materials, you agree that we are free to use these ideas, suggestions, or other materials in any way that it may deem fit without any liability or payment of any kind to you.
18. THIRD PARTY CONTENT AND LINKS
(A) We may provide third-party content through our Services. In some cases, this content may be posted by users of our Services. Such third-party content represents the opinions and judgments of the third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement that may be made in such third-party content and expressly disclaim any warranties with respect to the same.
(B) We may provide links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
(A) No Waiver. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. If any provision of these Terms of Service is held to be invalid or unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.
(C) Force Majeure. We will not be liable for any delay or failure to perform under these Terms of Service if such delay or failure is due to any contingency beyond our reasonable control, including without limitation, war, sabotage, insurrection, riot or other act of civil disobedience, act of public enemy, act of any government affecting the terms hereof, fire, explosion, flood, or other act of God.
(D) Assignment. You may not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign these Terms of Service or any rights hereunder without your consent and without notice.
(E) Communications. You consent to receive communications from us electronically. You agree that we have the right to communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You are responsible to provide the deliverable email associated to your account.
(F) Notice. We may provide notice to you on our website, by email, or conventional mail using the contact information that you have provided to us. You may provide notice to us or contact us by email at: [email protected] You may also contact us at the following address: Service Agent, InfoBeyond Technology LLC, 320 Whittington PWKY, Ste 303, Louisville, KY, 40222, USA.
(G) No Third-Party Beneficiaries. Neither your use of the Services nor these Terms of Service will create any right or cause of action for any third party, nor will InfoBeyond be responsible for any third party claims against you.
(H) Choice of Law. These Terms of Service shall be construed in accordance with the laws of the Commonwealth of Kentucky without regard to its conflict of laws rules. Any legal proceedings against us that may arise out of, relate to, or be in any way connected with our website, the Services, or these Terms of Service shall be brought exclusively in the state and federal courts located in Louisville, Kentucky and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.