Date of Last Revision: January 2nd, 2018
The Company is a Website language marketplace created to mediate between language service providers and interpreters (collectively, “Service Providers”) and interpretation buyers (“Service Buyers”) through the Internet. The Company uses an integrated platform of open source, licensed and internally developed software for implementing audio, video and share media communications, and the Company provides Users the ability to receive language interpretation services and Service Providers provide language services through the use of this intellectual property.
We reserve the right, in our sole discretion, to deny, restrict, suspend, or terminate your access to all or any part of the Website at any time, for any or no reason, with or without prior notice or explanation, and without liability. We expressly reserve the right to remove your profile, account and/or other information and/or deny, restrict, suspend, or terminate your access to all or any part of the Website if we determine, in our sole discretion, that you have violated this Agreement or pose a threat to the Website and/or its Users.
Use of the Website is void where prohibited. You must be a natural person at least 18 years old or the age of majority in your jurisdiction (e.g. 21 years old), whichever is greater. Use of the Services is strictly prohibited to minors or any person under the legal age in his or her jurisdiction or country and prohibited to any person under the age of 18. If you misrepresent your age, your registration as a Member will be cancelled. By using the Website, you confirm and guarantee that you meet age restrictions requirements.
By agreeing to these terms or by using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. The Website requires each User seeking to use its services to register and create accounts for validation. Company reserves the right to decline its services to any User for any reason and without explanation based upon its findings in validating the User’s registration.
- Registration Information
In consideration of their use of services provided on the Website, Users agree to (a) provide accurate, current and complete information as prompted by any registration forms on the Website (“Registration Information”); (b) maintain and promptly update the Registration Information, and any other information provided to us, to keep it accurate, current and complete; (c) maintain the security of their password and identification; and (d) be fully responsible for all use of their account and for any actions that take place using their account. Misrepresentation may preclude your use of the Website in the future. You consent to being contacted by Company for purposes of seeking feedback to ensure and evaluate the quality of its services.
This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Website. You may terminate your account at any time, for any reason, by following the instructions on the Website. We may terminate your account at any time, for any or no reason, with or without prior notice or explanation, and without liability. Upon such termination, you must immediately discontinue use of the Website, and Company shall in no way be responsible to you for such termination. Even after your account is terminated, this Agreement will remain in effect.
The Company and you may terminate this Agreement at any time, for any reason whatsoever, effective upon sending written notice to the other party by electronic message (i.e. e-mail). The corresponding decision by the Company takes effect at the moment of sending such a notice to the electronic address, provided by you during registration, or to any other email address, provided by you to the Company. If you send a notice of termination, the corresponding decision by the Company takes effect within several days. Your Membership shall concurrently terminate, without an obligation to make a payment, rebate or refund on the part of the Company. The Company does however reserve the right to suspend or terminate your Membership at any time, without notice, if you breach this Agreement or any other terms and conditions posted on the Website from time to time.
- Proprietary Rights in Site Content; Limited License
- All content on the Website, including software applications, designs, text, graphics, pictures, information, and other files and their selection, coordination and arrangement (the “Site Content”), are the proprietary property of Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Company’s prior written permission.
- User Content
- The license you grant to Company is non-exclusive (meaning you are free to license User Content to anyone else), fully-paid and royalty-free (meaning that Company is not required to pay you for the use on the Website of the User Content that you post), sublicensable (so that Company is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the Website’s services), perpetual and worldwide (because the Internet and the Website’s services are global in reach).
- You represent and warrant that: (i) you own the User Content submitted by you on or through the Website or otherwise have the right to grant the license set forth in this Section 5, and (ii) submission of User Content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any User Content submitted by you on or through the Website.
- The Website performs technical functions necessary to offer the services on the Website, including but not limited to transcoding and/or reformatting content to allow its use throughout the Website.
- Company may reject, refuse to post or delete any User Content for any or no reason, including User Content that in the sole judgment of Company violates this Agreement 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. Company assumes no responsibility for monitoring the Website for inappropriate User Content or conduct. If at any time Company chooses, in its sole discretion, to monitor the Website, Company nonetheless assumes no responsibility for 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 submit to the Website.
- Prohibited Content/Activity
The following are examples of the kind of content that is illegal or prohibited to submit to the Website. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending content from the Website and terminating the account of such violators. Prohibited content includes, but is not limited to, content that, in the sole discretion of Company:
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains inappropriate nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
- solicits personal information;
- publicly posts information that poses or creates a privacy or security risk to any person;
- constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- involves commercial activities and/or sales without prior written consent from Company such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
The following are examples of the kind of activity that is illegal or prohibited on the Website. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
- criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- advertising to, or solicitation of, any User, without the written consent of Company to buy or sell any products or services through the unauthorized or impermissible use of the Website;
- circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Website;
- activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
- covering or obscuring the banner advertisements on any page on the Website via HTML/CSS or any other means;
- any automated use of the system, such as, but not limited to, using scripts to submit information or send comments or messages;
- interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website;
- impersonating or attempting to impersonate another User, person or entity;
- using the account, username, or password of another User at any time or disclosing your password to any third party or permitting any third party to access your account;
- selling or otherwise transferring your account;
- using any information obtained from the Website in order to harass, abuse, or harm another person or entity, or attempting to do the same;
- accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Website on behalf of that person; or
- using the Website in a manner inconsistent with any and all applicable laws and regulations.
- Copyright Policy
Company has a policy of responding to notices of alleged infringement on the Website that comply with the Digital Millennium Copyright Act (DMCA), which may include removing material claimed to be the subject of infringing activity. If Company removes material to comply with the DMCA (“Removed Content”), we will attempt to contact the provider of such Removed Content to enable them to make a counter notification pursuant to sections 512(g)(2) and (3) of that DMCA. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. We will terminate the accounts of any Users and/or block access to the Website of any Users who repeatedly infringe the copyrights of others.
Digital Millennium Copyright Act (DMCA) – Infringement Notification
To file a notice of infringement, you must provide us with a written notice that includes each of the following items:
- Detailed identification of the copyrighted work that you believe has been infringed.
- Detailed identification of the material you claim infringes this copyrighted work.
- Information reasonably sufficient to permit us to contact you (e-mail address is preferred).
- The statement: “I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- Your signature.
Send the Infringement Notification to the following address:
By email: firstname.lastname@example.org
By mail: Connectivity, 3117 1st AVE SE, Cedar Rapids, IA 52402
Digital Millennium Copyright Act (DMCA) – Counter Notification
The provider of Removed Content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we will reinstate the Removed Content. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others.
To file a counter notification, you must provide us with a written notice that includes each of the following items:
- Detailed identification of the material Company has removed.
- Your name, address, telephone number, e-mail address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Linn County, Iowa if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
- The statement: “I swear, under penalty of perjury, that I have a good faith belief that each search result or message identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
- Your signature.
Send the Counter Notification to the following address:
By email: email@example.com
By mail: Connectivity, 3117 1st AVE SE, Cedar Rapids, IA 52402
: If you reside outside of the United States, please understand that filing a counter-notice may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country and/or the United States of America if you make a false or bad faith allegation by using this process. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of access privileges for Users who are infringers. So, if you are not sure whether content you posted on the Website is being infringed, or are otherwise unsure of whether to file a counter-notification using these procedures, we strongly recommend you first contact a lawyer knowledgeable in the laws of the United States and the State of New York. If you do wish to file a counter-notice, you should follow the process set forth above under the heading “Digital Millennium Copyright Act (DMCA) – Counter Notification.”
If you are the owner of any intellectual property other than copyrighted materials (such as, for example, a trademark), or an agent thereof, and believe that any item of content or other materials on the Website infringes upon your rights in such intellectually property, you must submit a notification to us in the same manner as provided above in respect of notice of alleged copyright infringement, including providing the same information in writing to the designated Copyright Agent set forth above.
DISCLAIMER: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.
- Terms of Sale
Certain products and services are made available to you by us through the Website. By purchasing any products or services through the Website, you signify that you have read, understand and agree to be bound by the Terms of Sale in this Section 8 in effect at the time of purchase (“Terms of Sale”). These Terms of Sale are subject to change without prior written notice at any time, in Company’s sole discretion, and such changes shall apply to any purchases made after such changes are posted on the Website. Therefore, you should review these Terms of Sale prior to each purchase so you will understand the terms applicable to such transaction. If you do not agree to these Terms of Sale, do not make any purchases on the Website.
- Purchase Qualifications; Account Security
- Payment Method and Terms
We may accept credit cards and certain debit cards, PayPal, and direct bank account deposits as forms of payment. By submitting an order through the Website, you authorize Company, or its designated payment processor, to charge the account you specify for the purchase amount. All payments are to be made in United States Dollars. When you provide your credit card number, debit card number, PayPal account information and/or bank account information to the Website, you authorize us and our third party payment processors to store your debit/credit card number, PayPal account information, bank account information and related payment information. Your debit/credit card, PayPal account information, bank account information and related payment information will not be provided to third parties, except to the extent necessary to fulfill your order.
- Additional Terms for Prepaid Service Buyers
Service Buyers may prepay and purchase credit towards future use of the Services and use their account balance, if sufficient in funds, to use the Services. There is a $5.00 minimum prepaid dollar balance to start a call. If your current call causes your prepaid account to go negative, you will be charged in $5.00 increments until the balance is positive. The Services may be suspended if your account balance reaches zero and/or you are at the end of the time period associated with your prepaid plan, if applicable. The Company may offer promotional codes with varying features and rates that are redeemable for credit. Any such promotional code is valid until its stated expiration date. Purchases of credits and promotional credits are non-refundable and may only be used with the Services, and no refunds or other compensation will be given for unused balances. The charges for Services and the amount of time that the Services are available following activation of your prepaid Services account balance may vary.
Any tangible property purchased through the Website will be shipped FOB Shipping Point. Title to such products passes from Company to you upon shipment. With respect to services you purchase through the Website, you acknowledge and agree that upon making such services available to you (or to their intended authorized recipients), Company will have fully satisfied its obligation to deliver or otherwise provide such services, regardless of any failure or inability to use such services.
- Product and Service Descriptions and Availability, Errors
Company and its suppliers continually upgrade and revise its products and services to provide you with new products and services. Company may revise, discontinue or modify products or services at any time without prior notice to customers, and products or services may become unavailable without notice. Company shall have no liability of any kind if a product or service that has been ordered is unavailable. If necessary, Company reserves the right to substitute items of equal or greater value when an item or service is unavailable or Company may cancel the order.
We attempt to be as accurate as possible and eliminate errors on the Website, however we do not warrant that any product, service or description, photograph, pricing or other information is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Website, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. In addition, we may, in lieu of a refund as provided in this paragraph, opt to provide you with a merchandise or service credit, with a value at least equal to the amount charged to your credit card. Company reserves the right to determine and modify from time to time the exact nature of any such merchandise or service credit, including conversion into one or more different types of merchandise or service credits. Your sole remedy in the event of such error is to cancel your order and obtain a refund or credit as set forth above. To request a refund, send an email to< firstname.lastname@example.org>.
You will be responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and Company reserves the right to collect such taxes or other fees from you at any time.
All tangible merchandise, other than special orders and as otherwise noted by Company, may be returned to us for a refund of your purchase price when you notify us within 10 days of receipt of your order. We do not accept returns after this 10-day period. A 20% restocking fee may be applied to your return, but it shall not apply to returns due to defects or errors by Company. You are responsible for paying shipping back to the designated location for returned items, unless such item is being returned due to a product defect or error by Company. You must call first for a return authorization number, and no merchandise can be returned without a written authorization number. Items must be unopened, in new condition, and returned in original shipping containers. All merchandise must be inspected by customer upon delivery. If any box looks dented or damaged in any way, the driver must make a notation and should mark any damages. Boxes opened later and then damage noticed without driver making notation, is considered concealed damage. Some shipping companies do not always cover full refunds on concealed damage items. Company is not responsible for damages incurred during shipping. There are no returns or cancellations for any intangible property or services purchased from Company. All sales are final, noncancelable and nonrefundable except as expressly set forth in this Agreement or as otherwise determined by Company in its sole discretion.
- Third Party Suppliers
- User Disputes
You are solely responsible for your interactions with other Users. We reserve the right, although we have no obligation, to monitor disputes between you and other Users and to take any action that we feel may be appropriate in our sole discretion, consistent with the terms of this Agreement, including termination of the account of one or more Users. In the event we take any action to address disputes regarding arrangements between Service Providers and Service Buyers, You hereby release the Company from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, related to such a dispute.
- The Company assumes no responsibility whatsoever for your use of the Website and/or Services. It is for your sole, personal use and you may not distribute your User name and password allowing others to use the Services through your Membership.
- You will not hold the Company responsible for the Services provided by the Service Providers, including interpretations and other services provided by the Service Providers. You acknowledge that Company is not a traditional language translation or interpretation service. The Company has no control over and does not guarantee the accuracy, quality, safety or legality of the language services provided by the Service Providers, the truth or accuracy of Service Providers’ language skills, the ability of Service Providers to translate or interpret accurately, or that a buyer or seller will actually complete a transaction.
- You acknowledge and agree that the Company is not liable for any loss or damage which may be incurred by you as a result of the Services, or as a result of any reliance placed by you on the accuracy or completeness of the language services provided to you by the Service Providers.
- We are not responsible for any User Content or any other third party content submitted to the Website, whether made or caused by Users or by any of the software, equipment or programming associated with or utilized in the operation of the Website.
- WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS, LIABILITY OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH OR PROPERY DAMAGE, RESULTING FROM OR ARISING OUT OF ANYONE’S USE OF THE WEBSITE, ANY CONTENT SUBMITTED TO THE WEBSITE OR TRANSMITTED TO USERS OR ANY INTERACTIONS BETWEEN OR AMONG USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE.
- We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of User communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof. We are not responsible for any injury or damage to any computer equipment belonging to any user of the Website, any User or any other person related to or resulting from use of the Website, viewing, playing or downloading any materials on or from the Website. The Website is provided “AS IS” and, except as otherwise prohibited by applicable law, we expressly disclaim any warranty of any kind, including but not limited to warranties of merchantability, fitness for a particular purpose and non-infringement. We cannot guarantee and do not promise any specific results from use of the Website. No advice or information, whether oral or written, obtained by you from us or from or through the Website shall create any warranty not expressly stated herein.
- Limitation on Liability
Notwithstanding any other provision of this Agreement, our entire liability to you for any cause whatsoever, regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for your use of the Website during the term of this Agreement. Except in jurisdictions where such provisions are restricted, in no event will we be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the Website, even if we have been advised of the possibility of such damages. Those who choose to access 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.
- HIPAA Policy
The Health Insurance Portability and Accountability Act (HIPAA) is a federal law that establishes data confidentiality standards for patient health information. HIPAA applies to health plans, health care clearinghouses and health care providers who transmit any health information in electronic form in connection with a transaction covered under the HIPAA regulations. The Company is not a covered entity under HIPAA. The Company is nonetheless committed to User/Member privacy and having in place strict data security policies and measures.
The Company protects the confidentiality of information it receives, including personally identifiable information, by adhering to the requirements of the HIPAA Privacy Rule and the HIPAA Security Rule. The Privacy Rule governs the acquisition, storage, transfer and retention of Protected Health Information, in both electronic and paper formats. The Security Rule covers all information acquired, maintained or transferred electronically.
We comply with all business associate obligations under HIPAA/HITECH, enabling us to provide the highest level of service to our Users/Members.
Service Providers are required to maintain reasonable and appropriate safeguards to prevent intentional or unintentional use or disclosure of personally identifiable information and health Information, including, but not limited to PHI, of Users/Members. Service Providers are further required to comply, where applicable, with HIPAA and maintain appropriate professional insurance coverage.
Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”) or JAMS. As modified by these terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s or JAMS’ rules for commercial arbitration and, if the arbitrator deems them applicable, the procedures for consumer-related disputes.
You are thus giving up your right to go to court to assert or defend your rights except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator and not a judge or jury. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by a court.
You and we must abide by the following rules: (1) any claims brought by you or us must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding; (2) the arbitrator may not consolidate more than one person’s claims, may not otherwise preside over any form of a representative or class proceeding, and may not award class-wide relief, (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (4) we also reserve the right in our sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of privilege and privacy recognized at law; (6) the arbitrator’s award shall be final and may be enforced in any court of competent jurisdiction; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses, and then in such instance, the fees and costs awarded shall be determined by the applicable law.
For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org. For more information on JAMS, it’s Rules and Procedures, and how to file an arbitration claim, you may call JAMS at 800-352-5267 or visit the JAMS website at http://www.jamsadr.com.
The Website may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from us, or any products utilizing such data, in violation of the United States export laws or regulations.
You agree to indemnify and hold Company and its subsidiaries, affiliates, officers, directors, members, managers, agents, representatives, employees and corporate or other partners harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, arising out of or relating to: (a) your use of the Website (including the submission by you of any User Content) in violation of this Agreement, (b) any other breach of this Agreement by you, (c) any breach of your representations and warranties set forth above, or (d) your violation of any law or the rights of a third party.
- No Agency
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us or between us and any other User of the Website.
- Service Provider Non-Disclosure Agreement (NDA)
- You agree to keep all information – including but not limited to customer data, source text, content, source files, prices, agreed terms and the content of the language services, including any interpretation and/or translation itself – (the “Information”) secret both during the language service project duration and following its termination. This applies also to the existence and contents of this Agreement.
- How you obtain the Information is of no consequence. The obligation to observe secrecy applies to all Information acquired in the course of the language service project duration, by happenstance, or in the course of some other activity within the scope of the working relationship.
- Care shall be taken in particular to ensure that the aforementioned data and Information are not seen or disclosed by employees, freelancers, other third parties, or family members. You are liable for all damages arising from breach of the obligation to observe secrecy, as well as for his/her own negligence.
- If it is necessary that you enter into direct contact with a Services customer, you agree to keep confidential all such terms and other internal business information as exist between the Company and you. You shall act on behalf of the Company whenever he/she is in contact with a customer of the Company.
- The Information obtained shall not be disclosed in full or in part to third parties in any way. Third parties shall not be provided with or granted knowledge of any or all of the contents or structure of the Services. Information supplied by the Company or its customers shall be deleted following termination of the relationship with Company (or with the end customer).
- Should there be any doubt as to the confidentiality of Information, you agree to consult Company for clarification. If clarification cannot be obtained, it shall always be assumed that data or Information are confidential.
- This Agreement does not apply to information that is already known, that is public, or that has been disclosed by third parties without a breach of confidentiality. It also does not apply to information that must be disclosed owing to legal provisions, final court decisions, or official directives. Insofar as legally permitted, however, you, if required to make disclosure, shall inform Company of the disclosure in advance or without undue delay, and shall make every effort to prevent the Information from becoming generally known and to enter into an appropriate confidentiality agreement.
- You confirm that you have a professional liability for any financial losses arising from errors or omissions in language services, translations, interpreting services, editing or proofreading work done in connection with the Website.
- All confidential Information and its embodiments remain the property of Company and shall be returned, whether requested or not, at the end of the language service project duration or if preliminary business discussions with a customer do not result in an order. At the same time, retention, copying, and all forms of duplication of documents, data media, or other copies are forbidden.
- Optional Recording and Storage of Language Service Project
Users/Members may elect at the beginning of a language service project, in their sole discretion, whether to have the language service project recorded and stored until the User’s/Member’s Membership is terminated or closed. If a User/Member elects this option, a message at the beginning of each language service project will alert participants that the project will be recorded and stored, and the Service Provider, and any other parties participating in the language service project, shall be deemed to have automatically consented to the recording and storage of the language service project. Notwithstanding the User’s/Member’s election, the Information shall remain confidential both during and after the language service project duration. To the extent permissible by law, the Company shall have no liability whatsoever in respect of any use made by any User/Member, Service Provider, and any other parties to a language service project, or their respective employees, contractors, officers, agents, authorized representatives or other third parties, of the communications made during a language service project, any recordings and its contents, and/or of any personal information.
Company will retain call log information, including the names of the parties participating in the language service project, the date, time and duration of the language service project, and any charges associated with the language service project, for record keeping and accounting purposes.
- Member/User Representations and Warranties
- as a Member/User:
- You will only use the Website and the Services in a manner that is accepted and legal according to all applicable laws and regulations.
- You are strictly prohibited from attempting to negotiate the fee for a project with another Member directly (outside of the Website) after that project has been created/opened and before that project has been closed (i.e. during an ongoing project). This also applies to any project that was closed without language service, interpretation or translation results delivered by the Service Provider. We believe our fees are very fair and justified for the Services we provide, therefore we will absolutely not tolerate any of this activity on the Website.
- You will not in any way copy, modify, publish, transmit, display, sell, distribute or reproduce copyrighted material, trademarks or other protected proprietary information without the express written consent of the Company that owns such materials.
- By posting information or content to any public area of the Website, you automatically grant, and you represent and warrant that you have the right to grant the Company and other Members an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
- Your use of the Services is strictly at your own risk and you are solely responsible for your contact, whether it be written, verbal or in person, with any other Member/User of the Website. The Company and its officers, directors, employees, agents, affiliates and third parties assume no responsibility whatsoever for harm that may come to you as a result of your contact (of any form) with any other Member/User of the Website (including but not limited to emotional, verbal and physical abuse or assault).
- You will not communicate, publish or display to any other Member/User any form of defamatory, slanderous, offensive, inaccurate, abusive, profane, obscene, sexually offensive, threatening, harassing, racial, or illegal material, including but not limited to nude photos of yourself or others, pornographic photos or images and any other type of unlawful or unacceptable material, as decided by the Company in its sole discretion. The Company reserves the right to remove any such material from the Website without notice.
- You will not engage in, and the Company will not be responsible for, any form of harassment, offensive or abusive behavior of any kind whatsoever that may be harmful to any other Member/User of the Website (including but not limited to physical and emotional damage).
- You will not use the Website, Services or your profile for any purpose other than language interpretation or translation Services.
- Illegal and/or unauthorized uses of the Website, including collecting Usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email, forwarding commercial or other offers to other Members by this Website or by email or other means external to the Website, and unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
- In order to protect our Members/Users from improper advertising or solicitation, and to maintain usage integrity on the Website, we reserve the right to restrict access by all Members to all or certain elements of the Services on a per-action basis, such levels to be determined in our sole discretion from time to time, whether determined in respect of a 24-hour period or otherwise.
- Please note you may be involuntarily exposed to offensive or obscene materials that may have been posted by Members/Users, hackers or unauthorized Users from time to time. Please note that it is possible for others to obtain your personal information and use it to engage in an action that may be harmful to you or injure you. The Company is not responsible for the use of any personal information that you choose to display, publish or distribute to other Members/Users.
- The Company reserves the right but has no obligation, whether on the basis of complaints or on its own initiative, to monitor any messaging or other activity and the materials posted in the public areas of the Website, and to review usage, activity or the content of any messages, materials or other interchanges which are otherwise posted, sent or transmitted via the Website.
- The Company shall have the right in its sole discretion to remove any material or profiles, regardless of whether the Company determines that such materials or profiles violate, or are alleged to violate, the law or this Agreement.
- Notwithstanding the foregoing, the Company does not undertake to monitor, control or edit any communications between its Members, and such communications may be offensive to you. You assume full responsibility and you assume all risk for the use of the Services, and you are solely responsible for evaluating the accuracy, completeness, and usefulness of all Services, products, communications, and other information.
- All communications between Members are at the Members’/Users’ sole control and risk.
- In no event the Company or Its affiliates will be liable for any incidental, consequential, or indirect damages (including, but not limited to, any deaths, threats, torts or injuries committed by any other Users, damages for loss of data, loss of programs, cost of service interruptions or procurement of substitute Services) directly or indirectly arising out of the use or inability to use the Services, even if the Company, Its agents or representatives know or have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the liability to you by the Company, its affiliates, for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you for the Services during the term of Membership.
- Under no circumstances will the Company, or its affiliates be responsible for any loss or damage resulting from your use of the Website, your reliance on information or other content posted on the Website, or transmitted to Members.
- You will not use any automated collection mechanism or any manual process to monitor or copy the web pages comprising the Website or the content contained therein without the prior written permission of the Company.
- You will not create multiple User accounts to avoid fees, suspension or bad ratings on the Website.
- You will not contact Users or Members or freelance language service providers, interpreters, translators or related companies through our Website or through information gained from our Website with the intent of subverting them from using our Services.
- as a Service Provider:
- You will not redistribute any of the content (information) on the Website, including ,but not necessary limited, to text submitted by Service Buyers, the interpreted or translated results, private messages, and documents.
- Company Responsibilities
- Neither the Company nor Its affiliates guarantee the accuracy, completeness, or usefulness of any information on the Website, and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made.
- The Services are provided on an “as is” basis without any warranties or conditions of any kind, express, implied, statutory, in all communication with the Company, its affiliates or Its representatives, or otherwise with respect to the Services.
- The Company and/or Its affiliates specifically disclaim any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Neither the Company nor its affiliates warrant that your use of the Services will be secure, uninterrupted, always available, or error-free, or will meet your requirements, or that any defects in the Website will be corrected.
- The Company and Its affiliates disclaim all liability, regardless of the form of action, for the acts or omissions of other Members or Users (including unauthorized Users, or “hackers”) of the Website or Services.
- iConnect Policy
If Service Providers earn an income through their use of the Website, the Company is required by law to report the Service Provider’s earnings to his/her tax authority. Service Providers must provide accurate tax information in order to have constructive receipt and to withdraw funds from his/her Website personal account. Service Providers will not be able to withdraw funds from the Website until the Service Provider’s tax information has been verified with the I.R.S. Please note that it may take 5 to 7 business days to verify your tax information with the I.R.S. if you are U.S. resident.
If you need more information, please view I.R.S. W-9 instructions.
Your profile information, which includes your User name (first name and the first initial of your last name), your location (City, State, Country), your educational background, your expertise (i.e. your language skills), your working hours, your years of experience as a professional language service provider (e.g. interpreter/translator), your Website average rating (out of five stars) as determined by Users, your written reviews by Users, your gross hourly rate (USD) (which is set by you and subject to the Company’s final approval), your company overview, as well as your photo, may be displayed to other Users of the Website. If you post personally identifiable information in areas of the Website accessible to other Users, you should be aware that such information can be read, collected, or used by other Users, and could be used improperly (including for example to send you unsolicited messages). We are not responsible for the personally identifiable information you choose to submit in these Website areas or for any damage that can be done as a consequence.
- Contact Information
3117 1st Avenue SE
Cedar Rapids, IA 52402
Date of Last Revision: January 2nd, 2018
Your IP Address
Like most websites, each time you visit the Website, we automatically collect your IP address and the web page from which you came. In order to administer and optimize the Website for you and to diagnose problems with our Website, we use your IP address to help identify you and to gather broad demographic information about you. We store and use IP addresses with customer information to create the completed call detail record for billing.
Cookies are part of the technology implemented by your browser. Most browsers are initially set up to accept cookies. You can reset your browser to either notify you when you have received a cookie, or to refuse them all together.
iConnect relies on cookies to preserve the iConnect identity you have created while logged on. If you set your browser to disable cookies, you may not be able to access certain areas on the Website.
Data We Collect From You
In order to operate the Website and to provide you with information about products or services that may be of interest to you, we may collect “personal information” (i.e. information that could be used to contact you directly (without using the Website) such as full name, postal address, phone number or email address) or “demographic information” (i.e. information that you submit, or that we collect, that is not personal information; this may include, but is not limited to, zip code, hometown, gender, username, age/birth date, browsing history information, searching history information, and registration history information). Please note that nowhere on the Website do we knowingly collect, keep or maintain personal information from children under the age of 18, as we require that all users represent to us that they are at least 18 years old.
HIPAA Notice of Privacy Practices
iConnect will obtain authorization from Members/Users for uses and disclosures of Protected Health Information (PHI) for marketing purposes and disclosures that constitute a sale of PHI. In the event iConnect records or maintains psychotherapy notes, authorization is required for most uses and disclosures of those notes. Other uses and disclosures of PHI not described in this Notice of Privacy Practices will be made only with authorization from the User/Member to whom the PHI relates. Users/Members will be notified following a breach of unsecured PHI upon iConnect learning of the breach. In the event that there is a breach of unsecured PHI as a result of Service Providers’ actions/omissions, User/Member hereby agrees that he/she will not hold iConnect responsible for the Service Provider’s actions/omissions. You further hereby acknowledge and agree that iConnect is not liable for any loss or damage which may be incurred by you as a result of the Services or any breach of unsecured PHI.
How We Use Personal Information
We use your email address and your other personal information to help us efficiently operate the Website and to contact you in connection with your transactions and other activities on the Website (including, but not limited to, confirmation emails, or important news that could affect your relationship with the Website). These types of communications are known as “Operational Communications.” In some cases, Operational Communications may also contain commercial messages, such as banner ads and special offers.
To operate the Website, including processing your transactions and supporting your activities on the Website, we may share your personal information with our agents, representatives, contractors and service providers so they can provide us with support services such as email origination, receipt or support services, customer relationship management services, and order fulfillment. We require these entities not to use your information for any other purpose.
By purchasing, or registering or making reservations for, products or services offered or sponsored by third parties on the Website, or electing to receive communications (such as emails or material by mail) or electing to participate in contests, sweepstakes or other programs (such as discount or rewards programs), offered or sponsored by third parties on the Website, you consent to our providing your personal information to those third parties. Those third parties may use your personal information in accordance with their own privacy policies. You will need to contact those third parties to instruct them directly regarding your preferences for the use of your personal information by them. Additionally, you agree that we may use and disclose all such information so submitted to such third parties in the same manner in which we are entitled to use and disclose any other information you submit to us.
Any third party with whom we are allowed to share your personal information is authorized to use your personal information in accordance with our contractual arrangements with such third parties and in accordance with their own privacy policies, over which we have no control, and you agree that we are not responsible or liable for any of their actions or omissions. Those who contact you will need to be instructed directly by you regarding your preferences for the use of your personal information by them.
How We Use Demographic Data
How to Edit Your Information
iConnect believes strongly in giving you the ability to access and edit your personal information. So that we can protect the integrity of sensitive data, there are certain pieces of information, such as your age, that you cannot alter yourself. For example, since children under 18 are not allowed to register as iConnect members, we need to take reasonable measures to preserve the accuracy of our members’ ages. Please contact us at email@example.com to find out how to change information you cannot access through your Profile. You may notify us of any changes in your personal information, or request that such information be removed from our records by e-mail to firstname.lastname@example.org. Please be aware, however, that if you choose to have your personally identifiable information removed from our records, you will no longer be able to receive certain updated information from us, or participate in various functions of the Service. We may share your personal information with our employees or agents to the extent necessary for them to carry out their job duties.
Our Website provides users the opportunity to opt-out of receiving communications from us and our partners at the point where we request information about the visitor. This Website gives users the option to remove their information from our database, to not receive future communications or to no longer receive our service.
Your California Privacy Rights
Special Cases In Which We Share Personal Information
We use your personal information to provide the Services we offer: Your profile, which includes your User name (first name and the first initial of your last name), your location (City, State, Country), your educational background, your working hours, your language skills (i.e. your expertise), your company overview, and your years of experience, are displayed in order to facilitate User interaction and for purposes of our matching Services. With the exception of inviting friends and certain notifications, a User email address is not shared or displayed.
Our Security Precautions
Your iConnect Profile is password-protected so that only you and authorized iConnect employees have access to your account information. In order to maintain this protection, do not give your password to anyone. If someone who represents to you they are iConnect staff asks for any personal account information, including password, check their URL. If it doesn’t say they are www.getconnectivity.com, they’re not. Also, if you share a computer, you should sign out of your iConnect account and close the browser window before someone else logs on. This will help protect your information entered on public terminals from disclosure to third parties.
The Website has security measures in place to protect against the loss, misuse and alteration of the information under our control. Your information may be transferred to and maintained on computer networks which may be located outside of the state, province, country or other governmental jurisdiction in which you reside, and the country or jurisdiction in which these computer networks are located may not have privacy laws as protective as the laws in your country or jurisdiction.
Ave SE, Cedar Rapids, Iowa 52402.