TALENT AND ACQUISITION, LLC, a California limited liability
company, doing business as STAND 8 (“STAND 8,” “we,” “us,” or “our”), through
our website http://www.STAND8.io (the “Website”), provides resources for its users (collectively, the
“Services”). The use of the Services,
and the purchase of any goods or services for purchase offered through the
Website (collectively, the “For-Purchase Items”), are subject to the following
Terms of Use (the “Terms”), which may be updated by STAND 8 from time to
time.
“STAND 8 Parties” means STAND 8 or its affiliates, or their
respective shareholders, directors, officers, employees, contractors, agents,
representatives, or their respective successors and/or assigns, each being a
“STAND 8 Party.” “Website Elements” means each of the Website, Content,
Services, For-Purchase Items, User Content, and any other element on or
relating to the Website, and “Website Element” means any of the foregoing.
By accessing the Website, including the content made
available on the Website (the “Content,” as defined in Section 1, below),
and/or using the Services in any way, you are agreeing to comply with and be
bound by these Terms. In addition, these Terms, including STAND 8’s Privacy
Policy, and any other policies, rules or guidelines that may be applicable to
particular offers or features on the Website (collectively, the “Additional Terms”)
are hereby incorporated by reference into these Terms. By using or visiting the Website, you
expressly agree to be bound by these Terms and to follow these Terms and all
applicable laws, guidelines, and regulations governing the Website. To the extent
that there is a conflict between these Terms and Additional Terms for the
activity in which you choose to participate, the Additional Terms shall govern.
These Terms will remain in full force and effect as long as you are a user of
the Website and in the event of termination of any membership, service or
feature, you will still be bound by your obligations under these Terms,
including any indemnifications, warranties and limitations of liability. Should
you object to any of the terms or conditions of these Terms, any guidelines, or
any subsequent modifications thereto or become dissatisfied with STAND 8 or the
Website in any way, you should immediately discontinue use of the Website.
YOU AGREE THAT BY USING THIS WEBSITE YOU ARE AT LEAST 18
YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO THESE TERMS.
IF YOU ARE UNDER 18 YEARS OF AGE, YOUR PARENT OR GUARDIAN
MUST AGREE ON YOUR BEHALF TO ENTER INTO THESE TERMS AND BE BOUND, AND BIND YOU,
BY THESE TERMS. IF YOU ARE UNDER 18
YEARS OF AGE, AND YOUR PARENT OR GUARDIAN HAS NOT AGREED TO BE BOUND BY THESE
TERMS ON YOUR BEHALF, YOU ARE NOT AUTHORIZED TO USE THIS WEBSITE
PLEASE REFER TO THE PRIVACY POLICY, INCORPORATED HEREIN BY
REFERENCE, FOR INFORMATION REGARDING PERSONS UNDER THE AGE OF 18.
IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED
TO USE THIS WEBSITE.
It is your responsibility to periodically review these
Terms. Nevertheless, STAND 8 reserves
the right, at any time, to change these Terms by publishing notice of such
changes on the Website. Any use of the Website and/or Services by you after
STAND 8’s publication of any such changes shall constitute your acceptance of
these Terms, as modified. You agree that STAND 8 is permitted to access and use
any other information provided by you to perform the Services, including any
Personally Identifiable Information (as defined in STAND 8’s Privacy Policy),
and, if necessary, to access such information to obtain contact information in
order to provide notifications relating to the Services provided to you by
STAND 8 .
1. Website Access : For purposes of these Terms,
“Content” includes any text, message, data, photograph, image, graphic,
information, audio/video files or other material on the Website and the related
trademarks, service marks, logos, insignias and other intellectual property
contained therein. As between you and STAND 8, the Content on the Website
(excluding any User Content as defined below), is owned by or licensed to STAND
8 , subject to copyright and other intellectual property rights under the
law. Without limitation, this includes
the STAND 8 brand name, as well as any and all STAND 8 trademarks and service
marks used on or by the Website. Content also includes the “look and feel” of
the Website (including its design, layout, color combinations, button shapes
and other graphical elements). Content
on the Website is provided to you “as is” for your information in connection
with your use of the Services. STAND 8
grants you a limited, revocable, nonexclusive, non-transferable right to access
the Website and Content and utilize certain Services for your own personal use
only, and not to modify the Website, or any portion thereof (other than as
expressly permitted by STAND 8). Except
as expressly stated in these Terms, you are not granted any right or license,
by implication, estoppel, or otherwise, in or to any patent, service mark,
trademark, copyright, or proprietary right of STAND 8 or any third party, in connection with your
use of the Website and any Content provided by STAND 8 or any third party on
the Website. Elements of the Website,
including page headers, custom graphics, logos, sounds, images and button
icons, are protected by trade dress and other state and federal laws and may
not be copied or imitated in whole or in part.
Violation of these Terms, including without limitation modification or
use of Content on the Website for any purpose other than those permitted in
these Terms, shall result in the automatic termination, without notice to you,
of your license to access the Website and utilize the Services, and also may
constitute the infringement of STAND 8’s copyright, service mark, trademark
and/or other rights. You shall not attempt to access any other STAND 8’s
systems, programs or data that are not made available for public use.
2. Restrictions on Use of Website: You agree that in
connection with your use of the Website, you will not do any of the following:
2.1 Share your
User ID or account information with anyone.
2.2 Circumvent,
disable or otherwise interfere with security-related features of the Website or
features that prevent or restrict use or copying of any Content, or enforce
limitations on use of the Website or the Content.
2.3 Copy,
reproduce, republish, upload, post, transmit, or distribute in any way any
Content without STAND 8’s written permission, other than as expressly allowed
by STAND 8.
2.4 Transmit
through the Website any software or other materials that contain any malware,
viruses, worms, Trojan horses, defects, date bombs, time bombs or other items
of a harmful or destructive nature.
2.5 Use any
data scraping, mining, robots, spiders, or similar data gathering and
extraction methods within the Website or in any way reproduce or circumvent the
navigational structure or presentation of the Website or its contents without
STAND 8’s prior written consent.
2.6 Modify,
adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble
any portion of the Website.
2.7 Use any
meta tags or any other “hidden text” utilizing STAND 8’s name or any
substantially similar name without STAND 8’s express written consent.
2.8 Request
more than 500 pages of the Website in any twenty-four hour period, whether
alone or acting in concert with a group of individuals.
2.9 Request
more than 10 media or other documents available for download from the Website
in any twenty-four hour period, whether alone or acting in concert with a group
of individuals.
2.10 Take any
action that imposes or may impose (in STAND 8’s sole discretion) an
unreasonable or disproportionately large load on our (or our third party
providers’) infrastructure.
2.11 Duplicate
or create multiple user accounts in an attempt to circumvent our security and privacy measures and policies.
2.12 “Frame” or
“mirror” any part of the Website.
2.13 Provide to
STAND 8 false or incorrect Personally Identifiable Information (as defined in
STAND 8’s Privacy Policy).
2.14 Remove any
copyright, trademark or other proprietary rights notices contained on the
Website.
2.15 Use the
Website or Content for any unlawful purpose.
2.16 Post User
Content on or through the Website that includes any “Prohibited Content” as
defined below. “Prohibited Content” includes, but is not limited to, any User
Content that: (i) is defamatory, abusive, harassing, threatening, or an
invasion of a right of privacy of another person; (ii) is bigoted, hateful, or
racially or otherwise offensive; (iii) is violent, vulgar, obscene,
pornographic or otherwise sexually explicit; (iv) is harmful or can reasonably
be expected to be harmful to any person or entity; (v) is illegal or encourages
or advocates illegal activity or the discussion of illegal activities with the
intent to commit them; (vi) infringes or violates any right of a third party
including right of privacy, right of publicity, copyright, patent, trademark,
service mark, trade secret or other proprietary or contractual rights; (vii) is
commercial, business-related or solicits or advertises or offers to sell any
products or services, whether or not for profit; (viii) contains a virus or
other harmful component, or otherwise tampers with, impairs or damages the
Website or any connected network, or otherwise interferes with any person or
entity’s use or enjoyment of the Website; (ix) does not generally pertain to
the designated topic or theme of the relevant application, public forum or
blog; (x) violates any specific restrictions applicable to the application,
public forum or blog; or (xi) is antisocial, disruptive, or destructive,
including “spamming,” “flooding,” and “trolling” as those terms are commonly
understood and used on the Internet.
3. Creating
an Account: You may browse the Website and view certain content without
registering, but as a condition to using certain aspects of the Website, you
may be required to register with Website and select a password and screen name
(“User ID”). You shall provide Company
with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of
these Terms, which may result in immediate termination of your Website account. You shall not (i) select or use as a User ID
a name of another person with the intent to impersonate that person; (ii) use
as a User ID a name subject to any rights of a person other than you without
appropriate authorization; or (iii) use as a User ID a name that is otherwise
illegal, offensive, vulgar or obscene.
Company reserves the right to refuse registration, cancel a User ID or
deny your access to the Website in its sole discretion. You are solely responsible for activity that
occurs on your account and shall be responsible for maintaining the confidentiality
of your Website password. You shall
never use another user’s account without such other user’s express written
permission. You will immediately notify
Company in writing of any unauthorized use of your account, or other account
related security breach of which you are aware.
Please read our Privacy Policy, which describes the Personally
Identifiable Information we collect, use, disclose, manage and store. You will be responsible for the
confidentiality and use of your User ID, and for any and all activities
(including purchases, as applicable) that are conducted through your account,
and agree not to transfer or resell your use of or access to the Website to any
third party. We are not liable for any
harm caused or related to the theft or misappropriation of your User ID,
disclosure of your User ID, or your authorization of anyone else to use your
User ID. If you have reason to believe
that your account with us is no longer secure, you must promptly change your
password by visiting Website and immediately notify us of the problem by
emailing us at info@STAND8.io.
4. Third
Party Websites: The Website may contain
links to other websites (“Third Party Websites”), including without limitation
websites that sell products discussed or featured on the Website, which Third
Party Websites are completely independent of this Website and are provided to
you only as a convenience. STAND 8 makes
no representation or warranty as to the accuracy, completeness or authenticity
of the information contained in, or the products or services provided or sold
by, any such Third Party Website. Your
visiting, or linking to any Third Party Websites is at your own risk and you
acknowledge that you bear all risks associated with access to and use of any
content, information, data, advertising, products, services, or materials on or
available through such Third Party Websites, and your access to and use of such
Third Party Websites is subject to the terms and conditions of use applicable
to such Third Party Website. You agree
that STAND 8 Parties are not responsible for any loss or damage of any sort you
may incur from dealing with any Third Party Website. Accordingly, we strongly encourage you to
become familiar with the terms of use and practices of any linked site.
YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES AND
RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION,
DATA, ADVERTISING, PRODUCTS, SERVICES, OR ANY OTHER MATERIALS ON OR AVAILABLE
THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE
TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
5. Limitations
on Services: You acknowledge that STAND
8 may establish limits concerning use of the Services and reserves the right at
any time to modify or discontinue the Services (or any part thereof), with or
without notice, including but not limited to the functionality or hours of availability, the
equipment needed for its access or use, or its pricing. STAND 8 shall not be liable to you or to any
third party for any modification, suspension or discontinuance of the Services.
YOU ACKNOWLEDGE THAT STAND 8 IS NOT RESPONSIBLE OR LIABLE
FOR YOUR USE OF ANY OF SERVICES. You
acknowledge that any limitations on Services will not be cause for a refund for
any of STAND 8’s Services or For-Purchase Items.
6. Termination
of Services: Notwithstanding anything
contrary in these Terms, STAND 8 reserves the right, without notice and in its
sole discretion, to suspend or terminate your ability to use the Website (which
would include deleting or deactivating your account, blocking your email or IP
address, and/or blocking or preventing your future access to and use of the
Website). You agree that STAND 8 shall
not be liable to you or any third party for any suspension or termination of
your access to the Website. Further, you
agree not to attempt to use the Website after said suspension or termination
unless you have received prior written permission from STAND 8. Upon any
termination, you must promptly destroy all Content downloaded or otherwise
obtained from this Website, as well as all copies of such Content, whether made
under these Terms or otherwise.
7. Privacy
and Information Disclosure: You
acknowledge and agree that STAND 8’s Privacy Policy, as contained on this
Website, is incorporated herein by this reference and is thereby a part of
these Terms.
8. Ownership:
8.1 Website
Content. This Website is owned and
operated by STAND 8. All right, title and interest in and to the Content
provided on this Website (excluding any User Content), including but not
limited to information, documents, logos, graphics, sounds, page headers,
button icons, service marks, trade dress, trademarks and images are owned
either by STAND 8 or by third party authors, developers, or vendors and
licensed to STAND 8 (“Third Party
Providers”). Except as otherwise expressly provided by STAND 8, none of the
Content may be republished, reproduced, uploaded, displayed, posted,
distributed, or transmitted, in any way, including without limitation on any
other website or in a networked computer environment, and nothing on this
Website shall be construed to confer any license under any of STAND 8’s
intellectual property rights, whether by implication, estoppel, or otherwise.
You further acknowledge that you do not acquire any ownership rights by using
the Website, the Content or User Content provided by any third party. Any rights not expressly granted herein to
you are hereby reserved by STAND 8.
8.2 Copyrights. All Website design, graphics, and the
selection and arrangement thereof, are owned by STAND 8. Copyright © 2024,
TALENT AND ACQUISITION, LLC ALL RIGHTS RESERVED.
8.3 Trademarks. STAND 8’s logo, and all images and text, and
all page headers, custom graphics and button icons are service marks,
trademarks and/or trade dress of STAND 8.
All other trademarks, service marks, product names and company names or
logos cited herein are the property of their respective owners. The trademarks, logos, and service marks
displayed on the Website (collectively the “Trademarks”) are the registered and
unregistered trademarks of STAND 8, STAND 8’s licensors and suppliers, and
others. Nothing contained on the Website
should be construed as granting, by implication, estoppel or otherwise, any
license or right to use any Trademarks without the express written permission
of STAND 8, STAND 8’s licensors or suppliers, or the third party owner of any
such Trademark. Misuse of any Trademarks is prohibited, and STAND 8 will
aggressively enforce its intellectual property rights in such Trademarks,
including via civil and criminal proceedings.
8.4 User
Content. STAND 8 does not claim any
ownership rights in the Content that you post on or through the Website
(collectively “User Content”). STAND 8
may host reviews, message boards, blog feeds, and other forums (collectively,
“Forums”) on the Website, through which you may be able to post certain User
Content. After posting your User Content
to the Website, you continue to retain any such rights that you may have in
your User Content, subject to the license herein. By displaying or publishing (“posting”) any
User Content on or through the Website, you hereby grant to STAND 8 and its
designees an assignable license to use, modify, delete from, add to, publicly
perform, publicly display, reproduce, and distribute such User Content solely
on or through the Website or other STAND 8 websites, including without
limitation distributing part or all of the User Content in any media formats
and through any media channels now known or hereafter devised, in STAND 8’s
sole discretion. This license shall be
non-exclusive, irrevocable, fully-paid and royalty-free, sublicensable,
worldwide, and perpetual. None of the
User Content will be subject to any obligation, whether of confidentiality,
attribution or otherwise, on our part and STAND 8 will not be liable for any use or disclosure
of any User Content. If STAND 8 does
decide, in its sole discretion, to attribute User Content to you, you hereby
grant STAND 8 the right to use your user name with respect to such attribution,
and waive any claims (including, without limitation, any privacy or publicity
rights claims) with respect to such use of your user name. STAND 8 may reject, refuse to post or delete
any User Content for any or no reason, including User Content that in the sole
judgment of STAND 8 violates these Terms or which may be offensive, illegal or
violate the rights of any person or entity, or harm or threaten the safety of
any person or entity. STAND 8 assumes no
responsibility for monitoring the Website for inappropriate User Content or
conduct. If at any time STAND 8 chooses,
in its sole discretion, to monitor the Website, STAND 8 nonetheless assumes no
responsibility for the User Content, no obligation to modify or remove any
inappropriate User Content, and no responsibility for the conduct of the user
submitting any such User Content. You
are solely responsible for the User Content that you post on or through the
Website, and any material or information that you transmit to other parties and
for your interactions with other parties (including but not limited to Third
Party Providers). STAND 8 is and shall
be under no obligation to pay to user any compensation for any User Content; or
to respond to any User Content.
9. Forums. Information on our Forums may be provided by
our staff and other contributors, some of whom use anonymous screen names and
are people not otherwise connected with STAND 8. You acknowledge that there may
be a large volume of information available in our Forums and that people
participating in such Forums occasionally post messages or make statements,
whether intentionally or unintentionally, that are inaccurate, offensive,
indecent, objectionable, obscene, threatening, harassing or encourages any such
conduct, or that otherwise violate the restrictions on User Content set forth
in these Terms, and you agree to waive, and hereby do waive, any legal or
equitable rights or remedies you have or may have against STAND 8 Parties with
respect thereto. STAND 8 neither
endorses nor is responsible for such messages or statements, or for any
opinion, advice, information or other utterance made or displayed on the
Website or Forums by third parties, whether such third parties are visitors to
the Website, contributing Users, or otherwise.
The opinions expressed in the Forums reflect solely the opinion(s) of
the participants and may not reflect the opinion(s) of STAND 8. STAND 8
is not responsible for any errors or omissions in articles or postings,
for hyperlinks embedded in messages or for any results obtained from the use of
such information. Under no circumstances
will STAND 8 Parties be liable for any loss or damage caused by your reliance
on such information obtained through the Website. If notified by a user of User Content that
allegedly does not conform to these Terms, STAND 8 may in its sole discretion
investigate the allegation and determine in good faith and in its sole
discretion whether to remove the User Content.
10. Digital
Millennium Copyright Act. If you are a
copyright owner or an agent thereof and believe that any Content, including
without limitation any User Content, infringes upon your copyrights, you may
submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”)
by providing our Copyright Agent with the following information in writing (see
17 U.S.C 512(c)(3) for further detail):
10.1 A physical
or electronic signature of a person authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed;
10.2 Identification
of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single notification,
a representative list of such works at that site;
10.3 Identification
of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be
disabled and information reasonably sufficient to permit the service provider
to locate the material;
10.4 Information
reasonably sufficient to permit the service provider to contact you, such as an
address, telephone number, and, if available, an electronic mail;
10.5 A statement
that you have a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or the law;
and
10.6 A statement
that the information in the notification is accurate, and under penalty of
perjury, that you are authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed.
STAND 8’s designated Copyright Agent to receive
notifications of claimed infringement is:
For clarity, only DMCA notices should go to the Copyright
Agent; any other feedback, comments, requests for technical support, and other
communications should be directed to STAND 8’s customer service at
info@STAND8.io. You acknowledge that if
you fail to comply with all of the requirements of this Section, your DMCA
notice may not be valid.
11. Warranty
Matters and Liability of STAND 8. No
representations or warranties, express or implied, are given regarding the
Website Elements, or your use of the Website Elements. STAND 8’s liability is limited strictly to
amounts actually paid by you to STAND 8 in connection with the purchase of
Services and For-Purchase Items. If you
are not satisfied with our service please contact our customer service
department at info@STAND8.io. Without
limiting the generality of the foregoing, you agree that use of the Website
Elements is entirely at your own risk.
STAND 8 assumes no responsibility for errors or omissions in the Website
Elements or any Third Party Website.
11.1 The Website
Elements are provided on an “AS IS” or “AS AVAILABLE” basis, without any
warranties of any kind. STAND 8 does not warrant the quality, accuracy,
functionality, performance, merchantability, security, reliability,
completeness, or timeliness of the Website Elements or any other information,
text, graphics, links or other items contained within the Website
Elements. To the fullest extent
permitted by law company disclaims any warranties for and does not assume any
responsibility for any incompleteness, errors, security, reliability,
timeliness, viruses, harmful components or effects, vulnerabilities, bugs,
problems, omissions, inaccuracies or other limitations in, or interruptions in
the operation of Website Elements, or any other information, text, graphics,
links or other items contained within the Website Elements or any Third Party
Website, or any other services or goods received or purchased through or
advertised on the Website, or accessed through any links on the Website. All express and implied warranties,
including, without limitation, the warranties of merchantability, fitness for a
particular purpose, and non-infringement of proprietary rights are expressly
disclaimed to the fullest extent permitted by law. Your use of the Website Elements or any Third
Party Website is entirely done so at your own risk.
11.2 More
specifically with respect to For-Purchase Items, or any other products sold by
Third Party Website linked from the Website, STAND 8 expressly disclaims all
warranties, express, implied or statutory with respect to such For-Purchase
Items or other products, including, without limitation, warranties of
merchantability and fitness for a particular purpose and any warranties arising
from trade usage, course of dealing or course of performance. By placing an order with STAND 8, you hereby
affirm that you have not relied upon the skill or judgment of STAND 8 or any of
STAND 8’s agents, employees or representatives to select or furnish goods or
materials for any particular purpose, and the sale is made without any warranty
by STAND 8 that the material is suitable for any particular purpose.
12. Limitations
of Liability:
12.1 Under no
circumstances shall STAND 8 Parties be liable to you or any third party under
any contract, negligence, strict liability or other theory arising out of or
relating in any way to the Website Elements, any Third Party Website, or any
product or service purchased through any Third Party Website, for any direct,
indirect, incidental, punitive, special, consequential or exemplary damages
(even if STAND 8 has been advised of the possibility of such damages) resulting
from any aspect of your use of any of the foregoing, whether the damages arise
from use or misuse of any of the foregoing, from inability to use any of the
foregoing, or the interruption, suspension, modification, alteration, or
termination of any Website Element. Such limitation shall also apply with
respect to damages incurred by reason of other services or products received
through or advertised in connection with any Website Element or any links on
the Website, as well as by reason of any information received through or
advertised in connection with the Website Elements or any links on the
Website. These limitations shall apply
to the fullest extent permitted by law.
12.2 To the
extent that the foregoing limitations on liability in Section 14(a) above are
limited or restricted by law, your sole and exclusive remedy and company’s
absolute limit of liability in connection with any lawsuit, claim or cause
whatsoever directly or indirectly relating to or arising out of or relating in
any way to the Website Elements, whether based on contract, tort or any other
legal theory of recovery, shall in all cases be strictly limited to the price
paid by you directly to STAND 8 in connection with such access to or use of the
Website Elements.
12.3 You
acknowledge and agree that, if the limitations of liability set forth in
Section 14.1 above are limited or restricted by law, shall be your sole remedy
even if such remedy fails in its essential purpose for any reason whatsoever, and in no event shall company be
liable for any direct, indirect, incidental, punitive, special, consequential
or exemplary damages (even if company has been advised of the possibility of
such damages), to you or any third party.
12.4 STAND 8
shall not be liable for any failure for any reason, in whole or in part, beyond
STAND 8’s reasonable control, including, but not limited to, production
schedules of STAND 8’s suppliers, unavailability of materials, labor
disturbances, acts of God, earthquake, fire, flood, weather, terrorism or
transportation difficulties.
13. Indemnity
and Customer Warranty. You agree to
defend, indemnify and hold STAND 8 Parties harmless from any claim, action,
loss, expense, or demand, including reasonable attorneys’ fees and court costs,
made by any third party due to or arising out of (i) your use of the any
Website Element or Third Party website, (ii) your violation or breach of these
Terms and/or Privacy Policy, or the inaccuracy of your representations and
warranties herein.
14. Essential
Basis of Bargain. YOU ACKNOWLEDGE THAT
STAND 8 HAS SET ITS PRICES AND PROVIDED ACCESS TO OR USE OF THE WEBSITE, AND/OR
ANY OTHER WEBSITE ELEMENT IN RELIANCE OF THE LIMITATIONS OF LIABILITY, THE
DISCLAIMERS OF WARRANTIES AND DAMAGES, THE GENERAL RELEASE, AND THE INDEMNITY
SET FORTH HEREIN IN SECTIONS 13-15, AND THAT THE SAME FORM AN ESSENTIAL BASIS
UPON WHICH THESE TERMS ARE ESTABLISHED, AND UPON WHICH STAND 8 HAS PROVIDED TO
YOU ACCESS TO AND USE OF THE WEBSITE ELEMENTS.
YOU AGREE THAT THE LIMITATIONS OF LIABILITY, THE DISCLAIMERS OF
WARRANTIES AND DAMAGES, THE GENERAL RELEASE, AND THE INDEMNITY SET FORTH HEREIN
IN SECTIONS 13-15 WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR
ESSENTIAL PURPOSE.
15. Promotional
Offers, Contests and Sweepstakes: STAND
8 may from time to time offer
participation in promotional offers, contests and sweepstakes on our Website.
Your participation in these offers, contests and sweepstakes is governed by the
express rules applicable to each such offer, contest or sweepstakes.
16. Technical
Support Issues: If you encounter a technical problem when attempting to print
or otherwise access your completed form, or some other problem you may
encounter in attempting to utilize our Services and/or Content, STAND 8’s
customer service representatives may be able to assist you with your problem.
17. Ability to
Accept Terms of Service. You affirm that
you are 18 years of age or older, or an emancipated minor, or possess legal
parental or guardian consent, and are fully able and competent to enter into
the terms, conditions, obligations, affirmations, representations, and
warranties set forth in these Website Terms,
and to abide by and comply with these Website Terms. If you are under 18 years of age, then please
do not use the Website. There are lots of other great web sites for you. Talk
to your parents about what sites are appropriate for you.
18. Questions: If you have any questions, comments or
complaints regarding these Terms or the Website, feel free to contact us at
info@STAND8.io.
19. Technical
Support Issues. If you encounter a technical problem when attempting to print
or otherwise access your completed form, or some other problem you may
encounter in attempting to utilize the Website, Company’s customer service
representatives may be able to assist you with your problem. If you contact Company’s customer service
representatives and request that a customer service representative assist you,
the Company will not be liable for any technical problems that may persist or
arise with your Mobile Device (or other computing device) after doing so.
20. Inaccuracy. From time to time there may be information on
the Website that contains typographical errors, inaccuracies, or omissions.
Company may correct errors, inaccuracies, or omissions and change or update
information at any time without notice. Company apologizes for any
inconvenience this may cause you.
Notwithstanding anything else herein, you are not entitled to rely on
any error, inaccuracy, or omission, and as such relate to quotations, pricing,
or other aspects of Transactions, you hereby authorize Company to charge the
correct amounts to your account in each instance.
21. Entire
Agreement. These Terms, together with
the Privacy Policy, any Additional Terms, and all schedules, exhibits, and
attachments hereto and thereto, constitutes the entire agreement between you
and Company and governs your use of the Website and Content, superseding any
prior agreements between you and Company. The failure of Company to exercise or
enforce any right or provision of these Terms shall not constitute a waiver of
such right or provision. These terms do not limit any rights that Company may
have under trade secret, copyright, patent, trademark or other laws. The
employees of Company are not authorized to make modifications to these Terms,
or to make any additional representations, commitments, or warranties binding
on Company, except in a writing signed by an authorized officer of Company. If
any provision of these Terms is found by a court of competent jurisdiction to
be invalid, the parties nevertheless agree that the court should endeavor to
give effect to the parties’ intentions as reflected in the provision, and the
other provisions of these Terms remain in full force and effect.
22. Construction. For purposes of these Terms: (a) the words
“include,” “includes” and “including” are deemed to be followed by the words
“without limitation”; (b) the word “or” is not exclusive; (c) the words
“herein,” “hereof,” “hereby,” “hereto” and “hereunder” refer to these Terms as
a whole; (d) words denoting the singular have a comparable meaning when used in
the plural, and vice versa; and (e) words denoting any gender include all
genders. Unless the context otherwise requires, references in these Terms: (x)
to sections, exhibits, schedules, attachments and appendices mean the sections
of, and exhibits, schedules, attachments and appendices to, these Terms; (y) to an agreement,
instrument or other document means such agreement, instrument or other document
as amended, supplemented and modified from time to time to the extent permitted
by the provisions thereof; and (z) to a statute means such statute as amended from
time to time and includes any successor legislation thereto and any regulations
promulgated thereunder. The parties intend these Terms to be construed without
regard to any presumption or rule requiring construction or interpretation
against the party drafting an instrument or causing any instrument to be
drafted. The exhibits, schedules, attachments and appendices referred to herein
are an integral part of these Terms to the same extent as if they were set
forth verbatim herein.
23. No
Third-party Beneficiaries. These Terms is for the sole benefit of the parties
hereto and their respective permitted successors and permitted assigns and
nothing herein, express or implied, is intended to or shall confer on any other
person any legal or equitable right, benefit or remedy of any nature whatsoever
under or by reason of these Terms.
Except with respect to Authorized User who agree to be bound by these
Terms, these Terms, and the duties and obligations arising under it, may not be
assigned by User. Company may freely
assign these Terms.
24. Modifications
and Updates of these Terms and Acceptance.
The agents, employees and contractors of Company are not authorized to
make modifications to these Terms, or to make any additional representations,
commitments, or warranties binding on Company. Company reserves the right to
modify, add, alter or otherwise update these Terms from time to time, and you
are highly encouraged to review these Terms from time to time. Each time you
use the Website, the current version of these Terms will apply. In the event of any modification to or update
of these Terms, Company will provide notice to you in accordance with these
Terms. You can determine whether these
Terms have been revised since your last use of the Website by referring to the
“Last Updated” legend at the bottom of these Terms. Please read these Terms carefully. Your use
of the Website after any modification to or update of these Terms constitutes
your acceptance to be bound by these Terms in the form it then exists,
including any modifications or updates. If at any time you do not accept all
the terms and conditions contained herein, you must immediately discontinue use
of the Website and contact Company regarding your voluntary termination of
these Terms.
25. You warrant,
represent and agree that, by accessing and/or using the Website, Content and/or
any User Content, you (i) do so with knowledge of any and all rights that you
may have with respect to the provisions of these Terms, (ii) have carefully
read and considered these Terms and fully understand its contents and the
significance of its contents, (iii) are consenting to these Terms of your own
informed and free will, based upon such party’s own judgment and without any
coercion or fear of retaliation, and (iv) you have been afforded the
opportunity to obtain independent legal advice with respect to these Terms.
26. Governing
Law. These Terms and the relationship between you and Company shall be governed
by the laws of the State of California without regard to any conflicts of laws
principles. Further, to the extent the arbitration provisions of these Terms
are void, unenforceable, or inapplicable, you agree that all actions or
proceedings arising in connection with your use of the Website and these Terms
shall be tried and litigated exclusively in the State and Federal courts
located in the County of Los Angeles, State of California. The aforementioned
choice of venue is intended to be mandatory and not permissive in nature,
thereby precluding the possibility of litigation between you and Company with
respect to or arising out of these Terms in any jurisdiction other than that
specified in this Section. You hereby waive any right you may have to assert
the doctrine of forum non conveniens or similar doctrine or to object to venue
with respect to any proceeding brought in accordance with this paragraph, and
stipulate that the State and Federal courts located in the County of Los
Angeles, State of California shall have in personam jurisdiction and venue over
you for the purpose of litigating any dispute, controversy, or proceeding
arising out of or related to your use of the Website or these Terms. You hereby
authorize and accept service of process sufficient for personal jurisdiction in
any action against you as contemplated by this paragraph by registered or
certified mail, return receipt requested, postage prepaid. Any final judgment
rendered against a party in any action or proceeding shall be conclusive as to
the subject of such final judgment and may be enforced in other jurisdictions
in any manner provided by law. You agree that regardless of any statute or law
to the contrary, any claim or cause of action arising out of or related to (i)
the use of the Website or any Website Element, or (ii) these Terms, must be
filed within one (1) year after such claim or cause of action arose or be
forever barred. You also agree that these Terms shall not be construed against
the drafting party, i.e., Company.
27. Equitable
Relief. In addition, in the event of a
breach of these Terms by you, the Company will, in addition to all other
remedies available to it, be entitled to equitable relief by way of a temporary
restraining order, or preliminary or permanent injunction and any other legal
or equitable remedies. This provision will not be construed as a waiver of the
rights which the Company may have for damages under these Terms or otherwise,
and all of the Company’s rights and remedies will be unrestricted.
28. No Non-US Representations. Company makes no
representation with respect to the laws of nations other than the United
States, or that the Website, or any part thereof, is appropriate or available
for use in any particular jurisdiction.
Those who choose to purchase, install, and/or use the Website do so on
their own initiative and at their own risk, and are responsible for complying
with all local laws, rules and regulations.
By using the Website, visitors from outside of the United States of
America acknowledge these Terms and all matters related to the Website are subject
to the laws and regulations of the United States of America, subject to the
governing law herein, and waive any claims that may arise under their own
national laws.
29. Questions. If you have any questions, comments or
complaints regarding these Terms or the Website, feel free to contact us at
info@STAND8.io.
30. Notice for
California Users. Under California Civil Code Section 1789.3, California users
of the Website are entitled to the following specific consumer rights notice:
The Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs may be contacted in writing at 1625
North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or
(800) 952-5210.
31. Export
Regulation. The Website may be subject to US export control laws, including the
US Export Administration Act and its associated regulations. You shall not,
directly or indirectly, attempt to export, re-export or release the Website to,
or make the Website accessible from, any jurisdiction or country to which
export, re-export or release is prohibited by law, rule or regulation. You
shall comply with all applicable federal laws, regulations and rules, and
complete all required undertakings (including obtaining any necessary export
license or other governmental approval), prior to exporting, re-exporting,
releasing or otherwise making the Website available outside the US.
32. Severability.
If any non-material provision of these
Terms is illegal or unenforceable under applicable law, the remainder of the
provision will be amended to achieve as closely as possible the effect of the
original term and all other provisions of these Terms will continue in full
force and effect.
33. Waiver. No
failure to exercise, and no delay in exercising, on the part of either party,
any right or any power hereunder shall operate as a waiver thereof, nor shall
any single or partial exercise of any right or power hereunder preclude further
exercise of that or any other right hereunder. In the event of a conflict
between these Terms and any applicable purchase or other terms, the terms of
these Terms shall govern.
34. Conflicting
Terms. If you have been provided with a
non-English translation of these Terms, the English language version will govern
your relationship with Company, and will control in the event of a conflict.
Any translation is provided, is provided solely for your convenience. In the event of a conflict between the terms
of these Terms and any work order, the terms of these Terms control. In the event of any conflict between the
terms of these Terms and any amendment, addendum, or other modification to the
Agreement promulgated or published by Company, then the terms of the other
document will control with respect to the applicable matters.
35. Consent to
Phone and Email Contact, Notice, and Related Matters.
35.1 Company may
call or text you or authorize others to call or text you on Company’s behalf
using any number you provide to Company for any purpose. This consent shall supersede your
registration of such number on any state or federal “do not call” lists. You are responsible for charges for incoming
text messages on your phone. You may
however, opt out of calls marketing Company’s services by notifying Company of
your request to not be contacted by phone for marketing purposes. You agree that Company may monitor or record
your telephone conversations with Company (whether Company calls you, or you
call Company). If you do not wish your
telephone conversations with Company to be monitored or recorded, you should conduct
your communications with Company via email.
Company may email you or authorize others to email you on Company’s
behalf using any address you provide to Company for any purpose, including
marketing of Company’s services. Similar to the phone marketing opt-out, you
may opt out of receiving marketing and promotional emails by emailing your
request to Company.
35.2 You
authorize Company to provide required notices to you on Company’s website, in or on any bill or
invoice provided to you, via email, or by any other communication permitted
under applicable law. Company may ask
you to provide consents or authorizations, including by electronic means
including email or via the Website.
Given the nature of the Website, any such electronic agreement using
your User ID and/or PIN shall operate as your direct consent or authorization,
and you agree that Company rely on such consent or authorization. Upon
Company’s request, you will provide Company with a current email address that
you regularly check so that Company may provide notices and communications to
you at that address. If you stop using that email address, you will provide
Company with a new address for such purposes.
36. Binding
Arbitration.
36.1 EXCEPT AS
OTHERWISE PROVIDED IN THESE TERMS, YOU AND COMPANY MUTUALLY AGREE TO WAIVE OUR
RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR
JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, AS SET FORTH BELOW.
36.2 Any dispute
between the parties to these Terms, any dispute between you and Company, as
well as any controversy or claim arising out of or relating to these Terms or
the Website (in each case, a “Dispute”)) will be settled by arbitration before
a single arbitrator administered by the American Arbitration Association under
its Consumer Arbitration Rules that are in effect at the time the arbitration
is initiated, as modified by the terms set forth in these Terms. Copies of
these rules can be obtained at the AAA’s website (www.adr.org) (the “AAA
Rules”) or by calling the AAA at 1-800-778-7879. Notwithstanding the foregoing,
if requested by you and if proper based on the facts and circumstances of the
Disputes presented, the arbitrator shall have the discretion to select a
different set of AAA Rules, but in no event shall the arbitrator consolidate
more than one person’s Disputes, or otherwise preside over any form of
representative, collective, or class proceeding. The parties may select a
different arbitration administrator upon mutual written agreement. The arbitration shall be governed by the
state law or federal law applicable to each specific claim brought, with the
exception that arbitrability shall be determined by the arbitrator and governed
in primary conformity with the Federal Arbitration Act, 9 U.S.C. § 1 et seq.
and, secondly, any state arbitration act.
36.3 The
arbitrator will decide the substance of all claims in accordance with
applicable law, and will honor all claims of privilege recognized by law. The
arbitrator’s award shall be final and binding and judgment on the award
rendered by the arbitrator may be entered in any court having jurisdiction
thereof, provided that any award may be challenged in a court of competent
jurisdiction.
36.4 To ensure
timely resolution of disputes, the party initiating arbitration must do so
within the statute of limitations (deadline for filing) provided by applicable
law pertaining to the Dispute, subject to any shorter period of time set forth
in these Terms which is intended to shorten the applicable statute of
limitations. The failure to initiate
arbitration within this time limit will bar any such claim.
36.5 The
arbitration will be conducted in Los Angeles County, California, before a
neutral arbitrator. The arbitration will
have jurisdiction to determine the arbitrability of any claim. The arbitrator shall have the authority to
grant all monetary or equitable relief (including, without limitation,
ancillary costs and fees) available under state and federal law. The award rendered by the arbitrator shall be
in writing, setting forth the essential findings and conclusions upon which the
award is based. The award may be entered
and enforced by any court having jurisdiction thereof. These Terms and its enforcement shall be
governed by the law of the state of California and any discovery shall be
permitted in accordance with the Federal Arbitration Act and any applicable
state arbitration act, subject to AAA Rules.
36.6 No Class or
Consolidated Disputes
36.6.1 YOU AND
COMPANY AGREE THAT YOU MAY BRING CLAIMS, AS APPLICABLE, AGAINST THE COMPANY
ONLY IN YOUR INDIVIDUAL CAPACITY, AND
NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING. Further, unless both you and
Company agree otherwise, the trier of fact may not consolidate more than one
person’s claims, and may not otherwise preside over any form of a
representative or class proceeding. The
arbitrator shall have no authority to consider or resolve any Dispute or issue
any relief on any basis other than an individual basis. The arbitrator shall
have no authority to consider or resolve any Dispute or issue any relief on a
class, collective, or representative basis. The arbitrator may award
declaratory or injunctive relief only in favor of the individual party seeking
relief and only to the extent necessary to provide relief warranted by that
party’s individual claims.
36.7 The
exceptions to the Dispute resolution provisions of this Section 38 are: (a)
actions by Company for equitable relief; and (b) any other claim where an
agreement to arbitrate is unenforceable under applicable law and not preempted
by the FAA. To the extent that either party has the right to seek assistance
from, file charges with, or participate in investigations and proceedings of
any federal, state or local agency, such rights are not precluded by this dispute
resolution provision, but this dispute resolution provision does operate as a
waiver of any additional personal monetary recovery if related to any
Dispute. In the event of any
administrative or judicial action by any agency or third party that adjudicates
any Dispute, neither Company, nor you, shall be permitted to receive a double
recovery.
36.8 Except in
the discretion of Company in the event that confidentiality would prevent the
deduction by Company of payment to you pursuant to any award, the parties agree
to keep confidential, and will not disclose to any person, except as otherwise
required by law, the existence of any controversy covered by this dispute
resolution process, the referral of any such controversy to arbitration or the
status or resolution thereof.
36.9 Severability.
In the event that any portion of this Section 38 is deemed illegal or
unenforceable under applicable law, and not preempted by the FAA, such
provision shall be severed and the remainder of the provisions of this Section
38 will be given full force and effect.