Nature of Agreement
Other owners and users of candidate accounts constitute “Users.” Employers and other entities working with Include.io or maintaining employer or mentor accounts, including employees and mentors working for or with these entities in a non-candidate capacity are “Participants” and do not constitute Users as defined by the Agreement, unless they also maintain a candidate account. Any access to Include.io or use of any services connected to Include.io constitutes use of “Services.” Any information, content, or messages submitted by an individual or entity relating to or in connection with Services, including information, content, or messages submitted or sent through means outside of the infrastructure of Include.io, constitutes “Content” of that individual or entity. Any upload, submission, or sending, by any means, of any type of Content constitutes “Submission” of that Content.
Account, Password, and Login
User shall not maintain more than one candidate account (“Account”)at one time. Account must be in User’s legal name. User must be 18 years or older to use the Services. User must not have previously been banned by the Company from using the Services.
User agrees that, in connection with creation of the Account and use of the Account and Services, User will take reasonable security precautions to protect User’s password and access to the Account from other people and entities. User is responsible for all use of Services through the Account.
User agrees that, in connection with creation of the Account and use of the Account and Services, User will not:
- Make any use of any Services-related content or data in connection with a service that competes in any way with the Company;
- Indicate endorsement or affiliation between User and the Company/Include.io without express consent by the Company;
- Misrepresent current or previous: qualifications or positions, identity (including using a pseudonym), affiliations with any persons or entities;
- Create a candidate profile for any person or entity but the User, attempt to access/use another User’s account, or share or disclose the information of any other person or entity without their consent;
- Harass, abuse, send spam or other inappropriate communications to, or otherwise harm
The Company reserves the right to terminate User’s use of the Services, or to restrict, suspend, or terminate User’s account for any reason, including but not limited to breach of the Agreement or misuse of the Services.
User agrees that the Company may send notices to User through email, text message, telephone, mail, or any other reasonable means that may be used in connection with information provided to the Company by User. User agrees to keep User’s contact information up-to-date.
Content and Information
User owns their Content and grants the Company a world-wide, non-exclusive, perpetual, transferable, and sublicensable right to access, store, use, copy, modify, distribute, publish, reproduce, display, and process User’s Content, without any further consent, notice, and/or compensation to User.
Submission by User of any personal data, including “diversity data,” demographic and medical data, and any other sensitive information about User, is completely voluntary. User is not required to submit any personal information that User does not wish to, even if directly asked by Company or Participants. User consents to the use of any submitted Content, including personal information, in the evaluation of the User by Company, Participants, and third parties. Such evaluation may include, but is not limited to, suitability as a candidate for employment or training. The Company and Participants are not responsible for any evaluations or judgments by the Company, Participants, or third parties deemed unfavorable, untruthful, misleading, or otherwise harmful by the User.
User is responsible for all Content submitted by User or through accounts owned by User on Include.io and on other platforms, including Content submitted by individuals and entities that are not User.
User agrees not to submit any Content that is misleading, abusive, harassing, defamatory, libelous, deceptive, tortious, obscene, flirtatious, unprofessional, inappropriate, sexual in nature or containing nudity, offensive, or untrue, invades another’s privacy, harms others in any way, or violates the law or any other individual or entity’s legal, contractual, or intellectual property rights. User agrees not to submit any unsolicited or unauthorized advertising or promotional Content, nor Content that contains or links to any malicious or invasive software or files. Company reserves the right to remove any content alleged to be infringing without prior notice and at Company’s sole discretion.
The Company reserves all of its intellectual property rights for all Content that may be accessed by User through the Services. User understands that all Content encountered through the Services is likely to have intellectual property protections held by the Company as well as other Users, Participants, and third parties. User will not use or share any Content in a way that violates the intellectual property rights of any Users, Participants, or third parties.
User shall not in any way disrupt or attempt to disrupt the functioning of the Services or any platforms, systems, or infrastructure connected to the Company, Participants, or the Services. User may not bypass or attempt to bypass any measures put in place by Company or Participants to prevent or restrict access to Services or any accounts, systems, or infrastructure connected to Services or Participants. User may not use any crawlers, spiders, bots, crawlers, or other systems that may harvest, scrape, or create superfluous or undue traffic or data or bandwidth use in connection with Services or Participants.
User shall not modify or create derivative works from any source code, underlying ideas, algorithms, or other proprietary methods or information relating to the Services and Participants. User shall not decompile, disassemble, decipher, reverse engineer, or otherwise attempt to discover or reproduce any source code, underlying ideas, algorithms, or other proprietary methods or information relating to the Services or Participants. User shall not copy, rent, lease, distribute, or otherwise transfer any of the rights received in connection with the Services.
Termination and Modification
This Agreement may be terminated at any time by either party with notice to the other. Upon termination, User may lose access to Services, and User must cease all use of Services. Termination does not end any previously-agreed-to rights of the Company, Participants, and Other Users to use and disclose information already submitted by User through Include.io and Services, nor does termination cancel any debts owed by either party that remain after termination. The Agreement may be modified at any time without termination by the Company. Any use of Include.io or Services constitutes an agreement by User to any modifications made to the Agreement.
Liability and Disclaimer
To the extent allowed under law, the Company and Participants disclaim all implied warranties and representations (warranties of fitness for a particular purpose, accuracy of data, non-infringement, and merchantability), do not guarantee that the Services will function without interruption or errors, and provide the Services on an “as is” and “as available” basis. Some of these disclaimers and other provisions in the Agreement may not apply to User if they are not allowed in User’s jurisdiction.
The Company and Participants are not responsible for the actions, inactions, communications, or other Content of any Users, other Participants, or third parties, including but not limited to in relation to the Services. To the extent permitted under law, the Company and Participants shall not be liable to User or others for any indirect, incidental, reliance, special, consequential or punitive damages, or any loss of data, opportunities, reputation, or money connected to the Services. The Company does not guarantee or represent the accuracy or truthfulness of Content submitted by any individuals or entities. The Company and Participants are not responsible for any damages that result from use of or reliance on any Content by User, other Participants, and others, including Content that is inaccurate, illegal, inappropriate, or otherwise potentially harmful.
The Company and Participants are not responsible for malicious actions and attacks by other Participants, Users, and Third Parties on, through the use or infrastructure of, or in connection with the Services or the systems used by Participants, including theft of data or Content. User understands that any Content submitted to Company, Participants, or third parties is vulnerable to theft and distribution by third parties.
The Company has discretion to determine what content is infringing, but the Company and Participants are not responsible for identifying and acting on any infringing Content, nor are Company and Participants liable for incorrectly identifying content as being or not being of category of infringement.
In no event shall the liability of the Company and Participants exceed, in the aggregate for all claims, an amount that is the greater of 1. The amount paid, if any, by User in connection with the services in the three months prior to the action giving rise to liability or 2. $100 USD.
This limitation of liability is part of the basis of the bargain between User and the Company and shall apply to all claims of liability whether or not the Company or Participants are advised of the possibility of any such damages, and even if these remedies fail their essential purpose.
This Agreement applies solely to User and is not assignable, transferable, or sublicensable by User except with express consent by the Company.
Waiver and Modification
No provision of this Agreement can or should be deemed to be waived, altered, modified, or amended unless expressly agreed to by the Company, except as provided for in this agreement. Any waiver of any provision of this Agreement or any other rights held by the Company or Participants shall not constitute a waiver of any other provision of this agreement, nor of the same provision of the agreement in a different instance.
In the event any provision or condition of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, such provision shall be deemed to have been deleted from this Agreement, while the remainder of this Agreement shall remain in full force and effect according to its terms. Any provision or condition of this Agreement that is invalid by law in the jurisdiction of the Company, Participants, or User, shall not invalidate the remainder of this Agreement.
Governing Law and Jurisdiction
This Agreement shall be governed by and construed under the laws of the District of Columbia without regard to conflict of laws principles. The parties to this Agreement hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in the District of Columbia.
1. Partnership with include.io. Partner shall have access to include.io and all related services (“include.io”) until this agreement expires or is voided by include.io. These services include the following:
A. Candidate Profile Access. Partner shall have privileges on the include.io platform that include searching through and viewing the profiles of all include.io Candidates (“Candidates”); communicating with Candidates; and evaluating Candidates on various metrics as potential candidates for hiring or further training.
B. Hiring. Any include.io Candidate may be hired by Partner for a “Success Fee” of $10,000 for every Candidate hired by Partner.
2. Future Agreements. As and when LWT deems future Terms and Conditions desirable or necessary for Mentors and Partners, Partner agrees that Partner and Mentors under Partner’s supervision shall accept such Terms and Conditions as a condition for further use of Include.io.
3. Governing Law and Jurisdiction. This Agreement shall be governed by and construed under the laws of the District of Columbia without regard to conflict of laws principles. The parties to this Agreement hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in the District of Columbia.
4. Waivers: Modification. No failure or delay by either party in exercising any right, power, or remedy under this Agreement shall operate as a waiver of any such right, power, or remedy. No waiver or modification of any provision of this Agreement shall be effective unless in writing and signed by both parties. Any waiver by either party of any provision of this Agreement shall not be construed as a waiver of any other provision of this Agreement, nor shall such waiver operate as or be construed as an ongoing waiver of such provision.
5. Severability. In the event that any provision of this Agreement (or portion thereof) is determined by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, such provision shall be deemed to have been deleted from this Agreement, while the remainder of this Agreement shall remain in full force and effect according to its terms.
6. Supersession. Portions of this Agreement may be superseded by existing or future Sponsorship Agreements or other Agreements made between include.io and Partner.