Please read these Terms carefully. If You do not accept the Terms stated here, do not use FORCEBRANDS PLATFORM and its services. By using FORCEBRANDS PLATFORM, You agree to be bound by these Terms, including the FORCEBRANDS Privacy Statement.
FORCEBRANDS may revise these Terms at any time by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms because they are binding on You. We will have a prominent display notice on the FORCEBRANDS Platform if any of these Terms are updated. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing the FORCEBRANDS PLATFORM for any reason. The term “post” as used herein shall mean information that You submit, publish or display on any FORCEBRANDS Platform (as defined below).
You must be 18 years of age or older, or the age of majority as that is defined in your jurisdiction, whichever is older, to visit or use FORCEBRANDS PLATFORM in any manner. By visiting FORCEBRANDS PLATFORM or accepting these Terms, You represent and warrant to FORCEBRANDS that You have reached the age of majority in your jurisdiction and that You have the right, authority and capacity to agree to and abide by these Terms. You also represent and warrant to FORCEBRANDS that You will use the FORCEBRANDS PLATFORM in a manner consistent with any and all applicable laws and regulations.
A. In order to access some features of FORCEBRANDS, you will have to create a FORCEBRANDS account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify FORCEBRANDS immediately of any breach of security or unauthorized use of your account.
B. Although FORCEBRANDS will not be liable for your losses caused by any unauthorized use of your account, You may be liable for the losses of FORCEBRANDS or others due to such unauthorized use.
C. FORCEBRANDS permits You, which includes all Visitors, Employers, Prospective Employees, and Advertisers, to participate in, use and/or obtain access to the FORCEBRANDS Platform in a variety of ways, explained in more detail below.
D. Visitors: If you visit any of the FORCEBRANDS Platform, but fail to register, your access and rights to use the FORCEBRANDS services will be significantly limited. As a Visitor you are restricted from certain aspects of the FORCEBRANDS Platform.
2. Use of FORCEBRANDS Content.
FORCEBRANDS authorizes You to view and access a single copy of the content available on or from the FORCEBRANDS PLATFORM solely for Your personal use. The contents of the FORCEBRANDS PLATFORM, and of all other Web sites under FORCEBRANDS's control, whether partial or otherwise (FORCEBRANDS PLATFORM and such other Web sites are sometimes collectively referred to as "FORCEBRANDS Platform") such as text, graphics, images, logos, button icons, software and other FORCEBRANDS content (collectively, "FORCEBRANDS Content"), are protected under both United States and foreign copyright, trademark and other laws. All FORCEBRANDS Content is the property of FORCEBRANDS or its content suppliers or clients. The compilation (meaning the collection, arrangement, and assembly) of all content on the FORCEBRANDS Platform is the exclusive property of FORCEBRANDS and is protected by United States and foreign copyright, trademark, and other laws. Unauthorized use of the FORCEBRANDS Content may violate these laws, and is strictly prohibited. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original FORCEBRANDS Content on any authorized copy You make of the FORCEBRANDS Content.
You agree not to sell or modify the FORCEBRANDS Content or reproduce, display, publicly perform, distribute, or otherwise use the FORCEBRANDS Content in any way for any public or commercial purpose, in connection with products or services that are not those of FORCEBRANDS PLATFORM, in any other manner that is likely to cause confusion among consumers, that disparages or discredits FORCEBRANDS or its licensors, that dilutes the strength of FORCEBRANDS's or its licensor's property, or that otherwise infringes FORCEBRANDS's or its licensor's intellectual property rights. You further agree to in no other way misuse FORCEBRANDS Content that appears on this Site, other than those specifically permitted herein or by written agreement with FORCEBRANDS. Unless specifically permitted herein or in writing by FORCEBRANDS, the use of the FORCEBRANDS Content on any other Web site or in a networked computer environment for any purpose is prohibited. Any code that FORCEBRANDS creates to generate or display any FORCEBRANDS Content or the pages making up any FORCEBRANDS Platform is also protected by FORCEBRANDS's copyright and you may not copy or adapt such code.
(2)(i) FORCEBRANDS's Ownership Rights. FORCEBRANDS and its licensors own all right, title and interest, including without limitation all worldwide intellectual property rights in the FORCEBRANDS Platform, and all such rights to all derivative works or enhancements of, in and to, or relating to, the FORCEBRANDS Platform. By entering into this Agreement or by Your Participation, You will not acquire any intellectual property or similar rights in the FORCEBRANDS Platform other than a limited right to use the Platform for Your personal benefit. You agree You will not (i) remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the FORCEBRANDS Products, the FORCEBRANDS Partner Program or related products and services; or (ii) use FORCEBRANDS's name, logo, trademark, trade names or service marks except as expressly permitted in this Agreement without FORCEBRANDS's prior written consent.
(ii) Your Ownership Rights. Subject to the licenses granted in this Agreement, You do not retain any right, title, and interest, including without limitation all worldwide intellectual property rights, in and to the Content of any information that is placed, submitted, posted or displayed by You on or through the FORCEBRANDS Platform. By posting or providing commentary, feedback or reviews, You grant FORCEBRANDS an unlimited, worldwide, perpetual, non-exclusive right and license to use, display, distribute, copy, share, modify and create derivative works of Your content without compensation or payment. Your request to remove Your content or any FORCEBRANDS content which You have properly made a claim to does not alter or effect FORCEBRANDS's unlimited, worldwide, perpetual, non-exclusive right and license to use, display, distribute, copy, share, modify and create derivative works. You acknowledge that You are aware that FORCEBRANDS has limited practical ability to control or monitor possible infringement of Your intellectual property rights by other parties and that FORCEBRANDS assumes no responsibility for controlling or monitoring such intellectual property rights. In addition, FORCEBRANDS is not responsible for enforcing Your intellectual property or for suing or taking other legal action against infringers who fail to cease using Your Content or intellectual property upon revocation. You or a third party licensor, as appropriate, are responsible for protecting Your intellectual property rights. FORCEBRANDS may, at its discretion, choose to assist You in connection with protecting or enforcing Your intellectual property rights in a particular instance; in such event, this does not mean that FORCEBRANDS has an obligation to do so in any other instance and this does not mean that FORCEBRANDS has an obligation to effectively protect or enforce Your intellectual property rights.
(iii) FORCEBRANDS's Trademark License to You. During the term of this Agreement, and subject to Your compliance with the terms and conditions of this Agreement, You will have the right to use the trade names, trademarks, logos and designations in or associated with the FORCEBRANDS marks solely for purposes of identifying FORCEBRANDS and solely in connection with Your permitted activities under this Agreement. You agree that the FORCEBRANDS marks and all associated goodwill are and will remain the sole property of FORCEBRANDS, that any goodwill generated as a result of Your licensed use of FORCEBRANDS marks belongs exclusively to FORCEBRANDS and inures solely to the benefit of FORCEBRANDS, and that Your use of FORCEBRANDS marks is subject to FORCEBRANDS's control of the quality of any products or services with respect to which You may be authorized to use FORCEBRANDS marks.
3. FORCEBRANDS Platform Restrictions.
You may not use any FORCEBRANDS Platform in order to transmit, post, distribute, store or destroy material, including without limitation, FORCEBRANDS Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.
You warrant and agree that, while using the FORCEBRANDS Platform and the various services and features offered on or through the FORCEBRANDS Platform, you shall not: (a) impersonate any person or entity, whether actual or fictitious, or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party's advertising, branding or other promotional content into any of the FORCEBRANDS Platform's content, materials or services, or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; (c) attempt to gain unauthorized access to other computer systems through the FORCEBRANDS Platform; (d) engage in spidering, screen scraping, database scraping, harvesting of catalogue information, e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of catalogue items or information, users or other information from or through the FORCEBRANDS Platform or the services offered on or through the FORCEBRANDS Platform, including without limitation any information residing on any server or database connected to the FORCEBRANDS Platform or the services offered on or through the FORCEBRANDS Platform; (e) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (f) use the FORCEBRANDS Platform or the services made available on or through the FORCEBRANDS Platform in any manner with the intent to interrupt, damage, disable, overburden, or impair the FORCEBRANDS Platform or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests; (g) use the FORCEBRANDS Platform or the FORCEBRANDS Platform's services or features in violation of FORCEBRANDS or any third party's intellectual property or other proprietary or legal rights; (h) use any known or future unknown technology to harvest, names, auction ids FORCEBRANDS Platform addresses, names or addresses for spam, reverse engineering, data collection, data mining, unsolicited telemarketing or other unwanted nuisance intrusions; (i) use any device, software or scheme that would interfere with the proper functioning of the FORCEBRANDS Platform, or any transaction via the FORCEBRANDS Platform; (j) place an undue burden or interfere with the lawful transmission of our content to our users, use any device to limit our total free access to the web infrastructure; and (k) use the FORCEBRANDS Platform or the FORCEBRANDS Platform's services in violation of any applicable law. You further agree that you may not attempt (or encourage or support anyone else's attempt) to engage in any of the foregoing prohibited activities or to circumvent, reverse engineer, decrypt, disassemble, decompile or otherwise alter or interfere with the FORCEBRANDS Platform or the FORCEBRANDS Platform's services, or any content thereof, or make unauthorized use thereof. You agree that you will not use the FORCEBRANDS Platform in any manner that could damage, disable, overburden, or impair the FORCEBRANDS Platform or interfere with any other party's use and enjoyment of the FORCEBRANDS Platform. You may not obtain, use or access, or attempt to obtain, use or access, any materials or information through any means not intentionally made publicly available or provided for through the FORCEBRANDS Platform.
4. Specific Prohibited Uses or Restrictions.
The job posting, resume database (“FORCEBRANDS Resume Database”) and other features of the FORCEBRANDS PLATFORM may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees. =The FORCEBRANDS Platform may be used only for lawful purposes by individuals to network for personal or professional purposes with other individuals.
FORCEBRANDS specifically prohibits any other use of the FORCEBRANDS PLATFORM, and You agree not to do any of the following: (a) post or submit to any FORCEBRANDS Platform any incomplete, false or inaccurate information including but not limited to biographical information, information which is not your own, information about beverage industry related news, information submitted for publication in any FORCEBRANDS forum, information submitted for publication in any FORCEBRANDS newsletter or communication ; (b) post on any FORCEBRANDS Platform any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an upfront or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case such postings are permissible but subject to review and removal by FORCEBRANDS), or requires recruitment of other members, sub-distributors or sub-agents; (c) send unsolicited mail or e-mail, make unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a User of any FORCEBRANDS Platform; (d) delete or revise any material posted by any other person or entity; (e) post an email address in a job posting for contact purposes; (f) take any action that imposes an unreasonable or disproportionately large load on any FORCEBRANDS Platform's infrastructure; and (g) post any position for hire, or submit any information or request for information that violates any federal, state or local law related to non-discrimination in employment.
The following is a partial list of User Content that is prohibited on the FORCEBRANDS Platform. The list below is for illustration and is not a complete list of all prohibited User Content. Content that: (1) is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual; (2) harasses, incites harassment or advocates harassment of any group or individual; (3) involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; (4) promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (5) promotes or endorses an illegal or unauthorized copy of another person's copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files; (6) contains restricted or password only access pages, or hidden pages or images; (7) displays or links to pornographic, indecent or sexually explicit material of any kind; (8) provides or links to material that exploits people under the age of 18 in a sexual, violent or another manner, or solicits personal information from anyone under 18; or (9) provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses or pirating any media; (10) solicits passwords or personal identifying information from other Users and (11) violates any federal, state or local law related to non-discrimination in employment.
FORCEBRANDS may in its sole discretion investigate the use or potential use of such prohibited content and take appropriate action including, but not limited to, removal of the User Content and barring the User from further use of the FORCEBRANDS Platform. FORCEBRANDS has no liability or responsibility to Users for performance or nonperformance of such activities.
Although FORCEBRANDS reserves the right to do so, FORCEBRANDS does not necessarily monitor any materials posted, transmitted, or communicated to or within the Site. If notified by a User of User Content or other materials which allegedly do not conform to these Terms, FORCEBRANDS may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. FORCEBRANDS has no liability or responsibility to Users for performance or nonperformance of such activities.
5. Accounts, Registration Information, and Password.
When You register with the FORCEBRANDS Platform, including but not limited to as an Employer, Employee or Sponsor, You will be asked to create a FORCEBRANDS Account or other account and provide FORCEBRANDS with certain information including, without limitation, a valid email address (collectively Your "Information"). Information you submit will be used in accordance with FORCEBRANDS's Privacy Statement (available here). You are responsible for providing accurate information in order to create an account, including those obligations noted in Section 6. This responsibility extends to account created automatically through any third party site authentication module provided.
You understand and acknowledge that You have no ownership rights in Your FORCEBRANDS Account, and that if You cancel your FORCEBRANDS Account, all Your account information from FORCEBRANDS, including resumes, Profiles, cover letters, network contacts, saved jobs, questionnaires, and email lists, will be marked as deleted in FORCEBRANDS's Databases and will be removed from any public area of the FORCEBRANDS Platform. Your Information may continue to be available for some period of time because of delays in propagating such deletion through FORCEBRANDS's web servers. In addition, third parties may retain cached copies of Your Information.
Cancelling Your FORCEBRANDS Account will have no effect on the FORCEBRANDS Content, Your Content and/or Your Information that another User may continue to have access to through their own saved or retained version of the FORCEBRANDS Platform. You specifically understand that the FORCEBRANDS Platform is designed to connect Users (such as EMPLOYERS and EMPLOYEES) and that some required FORCEBRANDS Account information necessarily will be shared with those Users.
You are responsible for maintaining the confidentiality of your FORCEBRANDS Account, as applicable. You may not share your password or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of Your FORCEBRANDS PLATFORM registrations and passwords, whether or not authorized by You. You agree to immediately notify FORCEBRANDS of any unauthorized use of Your FORCEBRANDS Account or passwords, as the case may be.
6. User Content and Submissions.
User Content shall include, without limitation works in any form, media, or technology whether now known or later developed, messages, audio, video, photos, text, images, compilations or other information that You post on any FORCEBRANDS Platform or transmit to other Users. You are solely responsible for Your FORCEBRANDS Account information, and User Content that You post on any FORCEBRANDS Platform or transmit to other Users. You agree that in submitting User Content or otherwise using any FORCEBRANDS Platform that You will not impersonate any person, or submit any materials to FORCEBRANDS that are false, inaccurate, misleading, unlawful, or are otherwise in violation of your obligations under these Terms. In some circumstances FORCEBRANDS may assist you with suggestions for content submissions, however, the responsibility remains with You to review and/or specifically reject such content suggestions.
In addition to those rights described in section 4, by posting User Content to any public area of any FORCEBRANDS Platform, including without limitation, message boards, Profiles, forums, contests and chat rooms, You automatically grant to FORCEBRANDS and its affiliates an irrevocable, royalty-free, perpetual, fully paid non-exclusive right (including moral rights) and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display, and distribute such User Content (in whole or in part) and to prepare derivative works of, or incorporate into other works (in any form, media or technology now known or later developed, for the full term of any rights that may exist in such content) such User Content, and to grant and authorize sublicenses thereof (through multiple tiers).
You also represent and warrant that You have the right to grant or that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant, the license stated above. If you post User Content in any public area of any FORCEBRANDS Platform, You also permit any User to access, display, view, store and reproduce such User Content for personal use and/or for the stated purpose of FORCEBRANDS Platform. Subject to the restrictions, licenses, and reservations stated in this Agreement, the owner of such User Content placed on any FORCEBRANDS Platform retains any and all rights that may exist in such User Content.
FORCEBRANDS acts as a passive conduit for the online distribution and publication of User Content and has no obligation to screen User Content, communications or information in advance and is not responsible for screening or monitoring User Content posted by Users. However, FORCEBRANDS may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of any FORCEBRANDS Platform or that FORCEBRANDS otherwise deems inconsistent with its business interests.
FORCEBRANDS is not an EMPLOYER OR CANDIDATE and specifically does not hire candidates for EMPLOYERS. FORCEBRANDS may, through the application and screening process, reject CANDIDATES on behalf of EMPLOYERS which do not meet minimum stated hiring criteria. Additionally, FORCEBRANDS may recommend certain CANDIDATES to EMPLOYERS based upon the FORCEBRANDS Database of information from current and former Users. However, the decision to hire a CANDIDATE is solely and always in the discretion of the EMPLOYER and not FORCEBRANDS. You expressly acknowledge this fact and hold FORCEBRANDS harmless for any of these hiring or review decisions. FORCEBRANDS requires EMPLOYERS to confirm they are equal employment opportunity employers. This means they should not make hiring decisions based on an CANDIDATE's actual or perceived race, creed, color, national origin, age, sex or gender, gender identity, disability or handicap, religion, marital status, sexual orientation or sexual preference, alienage or citizenship status, genetic information, veteran status or any other protected status under federal, state of local law.
FORCEBRANDS reserves the right to expel Users and prevent their further access to the FORCEBRANDS Platform and/or use of FORCEBRANDS services for violating the Terms or applicable laws, rules or regulations. FORCEBRANDS may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for FORCEBRANDS, damage FORCEBRANDS's brand or public image, or cause FORCEBRANDS to lose (in whole or in part) the services of its ISPs or other suppliers.
FORCEBRANDS does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.
It is FORCEBRANDS's policy to only accept or consider creative ideas, suggestions, inventions or materials which we have specifically requested. If You send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of FORCEBRANDS. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. FORCEBRANDS shall have an irrevocable, royalty-free, perpetual, fully paid non-exclusive right (including moral rights) and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display, and distribute such Submission (in whole or in part) and to prepare derivative works of, or incorporate into other works (in any form, media or technology now known or later developed, for the full term of any rights that may exist in such content) such Submission, and to grant and authorize sublicenses thereof (through multiple tiers).
(a) If you create a FORCEBRANDS Account as an EMPLOYER, You are responsible for maintaining the confidentiality of Your EMPLOYER account, and passwords, as applicable. You may not share Your password or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of Your FORCEBRANDS Platform Account registrations and passwords, whether or not authorized by You. You agree to immediately notify FORCEBRANDS of any unauthorized use of Your EMPLOYER Account or passwords.
Employers are solely responsible for their postings on FORCEBRANDS Platform. FORCEBRANDS is not to be considered to be an employer with respect to Your use of any FORCEBRANDS Platform and FORCEBRANDS shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any FORCEBRANDS Platform. Employers are responsible for all final posting decisions regarding a specific job posting. Any assistance or input provided by FORCEBRANDS, is for your convenience only and FORCEBRANDS is not responsible for any of the content contained in the job posting.
You understand and acknowledge that if You cancel Your employer account or Your employer account is terminated, all Your account information from FORCEBRANDS, including saved resumes, network contacts, and email mailing lists, will be marked as deleted in and may be deleted from FORCEBRANDS's databases. Information may continue to be available for some period of time because of delays in propagating such deletion through FORCEBRANDS's web servers.
As an EMPLOYER, You may also be provided personal information of CANDIDATES who may apply for one or more job posting created by You. As an EMPLOYER, You agree to maintain the confidentiality of that personal CANDIDATE information, and may only use that information solely for the purposes set forth in this Agreement.
In order to protect our FORCEBRANDS Users from commercial advertising or solicitation, FORCEBRANDS reserves the right to restrict the number of e-mails which an EMPLOYER may send to CANDIDATES to a number which FORCEBRANDS deems appropriate in its sole discretion.
Candidate profiles derived from User Content may also be made available through the Sites. FORCEBRANDS does not make any representations regarding the accuracy or validity of such derived works or their appropriateness for evaluation by employers. Derived profiles may vary significantly from User Content.
7(b) Job postings:
A Job posting may not contain: (a) any hyperlinks, other than those specifically authorized by FORCEBRANDS; (b) misleading, unreadable, or "hidden" keywords, repeated keywords or keywords that are irrelevant to the job opportunity being presented, as determined in FORCEBRANDS's reasonable and sole discretion; (c) the names, logos or trademarks of unaffiliated companies other than those of your company or where expressly agreed by FORCEBRANDS; (d) irrelevant information which is unrelated to the posting and position; (e) inaccurate, false, or misleading information; and (f) material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18.
Client who posts positions based in Colorado or in NYC or that could be filled by an individual living in Colorado or in NYC agrees to comply with the requirements of Colorado's Equal Pay Transparency (“EPT”) Rules, 7 CCR 1103-13, and specifically agrees to provide all the information required by Rule 4 in the EPT Rules. Client similarly agrees to comply with all NYC job posting requirements. Should Client fail to do so, Client will be solely liable for any damages resulting from its failure to do so and agrees to indemnify ForceBrands against any and all liabilities, including judgments, costs and reasonable attorneys' fees.
Disclaimer - When posting a position that is based in Colorado or, as of May 1, 2022, New York City that can be filled by an individual living in Colorado or New York City respectively, Client agrees its posting complies with the requirements set forth in Colorado's Equal Pay Transparency Rules, 7 CCR 1103-13 and the NYC regulations on this point, and agrees ForceBrand will not be liable in any manner for Client's failure to do so.
7(c) EMPLOYERS may not use the FORCEBRANDS Platform to:(a) post jobs in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property; (b) post jobs that require citizenship of any particular country or lawful permanent residence in a country as a condition of employment, unless otherwise required in order to comply with law, regulations, executive order, or federal, state or local government contract; (c) post jobs or other advertisements for competitors of FORCEBRANDS or post jobs or other content that contains links to any site competitive with FORCEBRANDS; (d) post any business opportunity that requires an upfront or periodic payment from CANDIDATES; (e) post a job that requires recruitment of other members, sub-distributors or sub-agents; (f) post any job that pays commission only unless the posting clearly states that the available job pays commission only and clearly describes the product or service that the CANDIDATE would be selling; (g) promote any opportunity that does not represent bona fide employment which is generally indicated by the EMPLOYER's use of IRS forms W-2 or 1099; (h) advertise sexual services or seek employees for jobs of a sexual nature; (i) endorse a particular political party, political agenda, political position or issue; (j) promote a particular religion; (k) post jobs located in countries subject to economic sanctions of the United States Government; and (l) except where required by applicable law, post ENGAGEMENTS which require the CANDIDATE to provide personal information, information relating to his/her race, gender, ethnicity, national origin, age, religion, sexual orientation, health, genetics, disability or membership in any other category or group protected by law or information relating to his/her political beliefs, philosophical or religious beliefs, membership in a trade union, physical or mental health, sexual practices/activities, criminal record or background.
7(d) FORCEBRANDS reserves the right to remove any job posting or content from any FORCEBRANDS Platform, which in FORCEBRANDS's sole discretion, does not comply with the above Terms, or if any content is posted that FORCEBRANDS believes is not in the best interest of FORCEBRANDS. If at any time during Your use of the FORCEBRANDS Platform, You made a misrepresentation of fact to FORCEBRANDS or otherwise misled FORCEBRANDS in regards to the nature of Your business activities, FORCEBRANDS will have grounds to terminate Your use of the FORCEBRANDS Platform.
EMPLOYERS are solely responsible for their job postings on the FORCEBRANDS Platform. FORCEBRANDS is entirely separate and distinct from EMPLOYERS, CANDIDATES, and Users of the FORCEBRANDS Platform. FORCEBRANDS does not create, screen (except as otherwise provided and reserved in section 6) or post jobs opportunities and is not involved in or responsible for any interview or employment selection decisions made by any EMPLOYER or other entity posting job(s) on any FORCEBRANDS Platform. EMPLOYERS are solely responsible for the content of their job postings and for all selection decisions regarding a specific job posting. As an EMPLOYER, You agree and assume all responsibility for obtaining the appropriate licenses, permits and liability insurance that is required for any and all jobs, including those covered by any laws, rules, regulations or codes of the federal, state, or local jurisdiction where the job occurs. EMPLOYERS further agrees that it is their sole responsibility, and explicitly not the responsibility or obligation of FORCEBRANDS, to provide the correct training needed to a CANDIDATE participating in a job. EMPLOYER represents and warrants that all activities that in which it engages CANDIDATE for will comply with all applicable rules, regulations, codes, advisories, and policies (collectively “Rules”) of the federal, state, or local jurisdiction where the job occurs, and EMPLOYER will provide such Rules to CANDIDATE and will at all times remain responsible for CANDIDATE's compliance with the Rules. EMPLOYER further represents and warrants that it will maintain all necessary licenses and permits to engage in the business that is the subject of the job and will advise CANDIDATE if any requirements exist that necessitate CANDIDATE obtaining any licenses or permits; if required EMPLOYER will assist in obtaining any such licenses or permits for CANDIDATE.
If You Participate as a Sponsor, You are solely responsible for all advertising content You transmit or submit to FORCEBRANDS or through the FORCEBRANDS Partner Program, whether created by or for You, including but not limited to: (i) artwork, written content, images, photos, graphics, music, animation, data, text, information, URLs, hypertext links, scripts and the content and material included in such components; and (ii) websites and content proximately reachable from such advertising content (collectively, "Ads"). Prior to providing any Ads and Participating as a Sponsor, You may be required to read and accept additional written terms and conditions governing Your submission of Ads to FORCEBRANDS (the "Advertiser Agreement"). FORCEBRANDS disclaims all liability relating to Your Ads and You agree to indemnify FORCEBRANDS for all loses FORCEBRANDS incurs associated with the Ads. You may not submit Ads that contain any pornographic, morally offensive, infringing, hate-related, violent or illegal content. FORCEBRANDS, in its sole discretion, has the right to determine whether any Ads contain any pornographic, morally offensive, infringing, hate-related, violent or illegal content. In connection with FORCEBRANDS's marketing, distribution and the provisions of FORCEBRANDS's Partner Program, and in addition to the terms set forth in the Advertiser Agreement, You permit FORCEBRANDS to: (a) tag Your Ad with information that will be used by FORCEBRANDS to identity it as Your Ad and assist FORCEBRANDS in properly tracking the Ad; (b) associate Your Ad with Content, and (c) distribute, or have distributed, Your Ad in the FORCEBRANDS Distribution Network via Online Distribution. FORCEBRANDS may, in its discretion, reject, suspend access to or remove any of Your Ads from the FORCEBRANDS Network at any time. You agree and accept that distribution of Your Ads on any part of the FORCEBRANDS Distribution Network may be subject to acceptance by any applicable Third Party Service Providers.
9. Copyright Agent.
We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to FORCEBRANDS, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Attn: Copyright Agent
Kain Spielman, P.A.
Attn: Darren – FORCEBRANDS Admin
900 Southeast Third Avenue, Suite 205
Ft Lauderdale, Florida 33316
Fax 954 - 768 - 0158
dspielman @ complexip.com
10. FORCEBRANDS's Liability.
FORCEBRANDS PLATFORM acts as a venue for EMPLOYERS to post job opportunities and CANDIDATES to search for job opportunities, post resumes, and Profiles. FORCEBRANDS is not involved in the actual transaction between EMPLOYERS and CANDIDATES. As a result, FORCEBRANDS has no control over the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of EMPLOYERS to offer job opportunities to CANDIDATES or the ability of CANDIDATES to fill job openings and FORCEBRANDS makes no representations about any jobs, resumes or User Content on the FORCEBRANDS PLATFORM.
FORCEBRANDS may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for FORCEBRANDS, damage FORCEBRANDS's brand or public image, or cause FORCEBRANDS to lose (in whole or in part) the services of its ISPs or other suppliers. While FORCEBRANDS reserves the right in its sole discretion to remove User Content, job postings, resumes or other material from the FORCEBRANDS PLATFORM from time to time, FORCEBRANDS does not assume any obligation to do so and disclaims any liability for failing to take any such action.
In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other Users with whom You come in contact through FORCEBRANDS PLATFORM. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using FORCEBRANDS PLATFORM.
Because User authentication on the Internet is difficult, FORCEBRANDS cannot and does not confirm that each User is who they claim to be. Because FORCEBRANDS does not and cannot be involved in User-to-User dealings or control the behavior of participants on the FORCEBRANDS Platform, in the event that You have a dispute with one or more Users, You release FORCEBRANDS (and its agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
If You are a California resident, You waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
The FORCEBRANDS Platform and the FORCEBRANDS Content may contain inaccuracies or typographical errors. FORCEBRANDS makes no representations about the accuracy, reliability, completeness, or timeliness of the FORCEBRANDS Platform or the FORCEBRANDS Content. The use of the FORCEBRANDS Platform and the FORCEBRANDS Content is at your own risk. Changes are periodically made to FORCEBRANDS Platform and may be made at any time. You acknowledge and agree that You are solely responsible for the form, content, and accuracy of any resume or material contained therein placed by You on the FORCEBRANDS Platform. EMPLOYERS are solely responsible for their postings on FORCEBRANDS Platform. FORCEBRANDS is not to be considered to be an EMPLOYER with respect to Your use of any FORCEBRANDS Platform and FORCEBRANDS shall not be responsible for any employment decisions, for whatever reason, made by any EMPLOYER posting jobs on any FORCEBRANDS Platform.
FORCEBRANDS cannot guarantee and does not promise any specific results from use of the FORCEBRANDS PLATFORM. No advice or information, whether oral or written, obtained by a User from FORCEBRANDS or through or from the FORCEBRANDS PLATFORM shall create any warranty not expressly stated herein.
11. DISCLAIMER OF WARRANTIES.
THE FORCEBRANDS PLATFORM, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED "AS IS," "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. FORCEBRANDS DOES NOT WARRANT, REPRESENT OR COVENANT THAT THE FORCEBRANDS PLATFORM OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. FORCEBRANDS MAKES NO WARRANTY THAT THE FORCEBRANDS PLATFORM WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FORCEBRANDS OR THROUGH THE FORCEBRANDS PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. FORCEBRANDS ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE FORCEBRANDS PLATFORM OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO OR SOFTWARE FROM THE FORCEBRANDS PLATFORM. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE FORCEBRANDS PLATFORM.
FORCEBRANDS TRIES TO ENSURE THAT THE INFORMATION POSTED ON THE FORCEBRANDS PLATFORM IS CORRECT AND UP-TO-DATE. FORCEBRANDS RESERVES THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE FORCEBRANDS PLATFORM AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE FORCEBRANDS PLATFORM, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE FORCEBRANDS PLATFORM.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, FORCEBRANDS AND ITS AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE FORCEBRANDS PLATFORM, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE FORCEBRANDS PLATFORM OR IN CORRESPONDENCE WITH ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE FORCEBRANDS PLATFORM ARE PROVIDED BY FORCEBRANDS "AS IS," EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND FORCEBRANDS OR ITS LICENSOR OR SUPPLIER.
12. LIMITATION OF LIABILITY.
IN NO EVENT SHALL FORCEBRANDS, ITS AFFILIATES OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE, WHETHER IN AN ACTION BASED ON A CONTRACT INDEMNIFICATION, OBLIGATION, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), COLLATERALLY OR ARISING FROM ANY STATUTORY DUTY, PRE-CONTRACT OR OTHER REPRESENTATIONS, OR OTHERWISE, HOWEVER ARISING, FOR ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS) OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE FORCEBRANDS PLATFORM OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE FORCEBRANDS PLATFORM, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE FORCEBRANDS PLATFORM. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO FORCEBRANDS FOR YOUR USE OF THE FORCEBRANDS PLATFORM OR PURCHASE OF PRODUCTS OR SERVICES VIA THE FORCEBRANDS PLATFORM.
13. Local Standards.
FORCEBRANDS does not represent that materials or content on the FORCEBRANDS Platform are appropriate for use in all locations. Persons who choose to access the FORCEBRANDS Platform do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
14. Links to Content and Other Sites.
The FORCEBRANDS PLATFORM contains links to third-party Web sites and content. These links are provided solely as a convenience to You and not as an endorsement by FORCEBRANDS of the contents on such third-party Web sites. FORCEBRANDS is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at your own risk.
The FORCEBRANDS PLATFORM contains links to social media sites, including but not limited to authentication modules and job re-posting/sharing modules. These links are provided solely as a convenience to You and not as an endorsement by FORCEBRANDS of the content on such social media sites. FORCEBRANDS is not responsible for the content, accuracy of such content, or manner in which such content is provided to these third-party social media sites. You specifically agree that the use of these social media sites in conjunction with FORCEBRANDS is at your own risk.
You agree to defend, indemnify, and hold harmless FORCEBRANDS, its parents, affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions, demands, losses, damages, costs and other expenses (including without limitation reasonable legal and accounting fees and costs), alleging resulting from or relating to (i) any User Content or other material You provide to the FORCEBRANDS Platform, (ii) Your use of any FORCEBRANDS Content (iii) Your breach of any representation warranty, term, covenant or obligation in this Agreement; (iv) or any negligent or intentional act or omission committed by You, in connection with the FORCEBRANDS Platform, including but not limited to the performance of or the provision of services in connection with a job as a result of the FORCEBRANDS Platform; (v) any legal actions including civil and criminal actions, administrative actions, fines, penalties or similar enforcement actions against any EMPLOYER or CANDIDATE for any failures or violations of any laws, rules, regulations or codes of the federal, state, or local jurisdiction where the job activities and/or violation occurs ; and/or (v) losses caused by any unauthorized use of Your account.
In addition to those described above, EMPLOYERS agree to defend, indemnify, and hold harmless FORCEBRANDS, its parents, affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions, demands, losses, damages, costs and other expenses (including without limitation reasonable legal and accounting fees and costs), alleging resulting from or relating to (i) actual or alleged injury to any person (including death) to the extent caused in whole or in part by EMPLOYER's products, services or the actions or inactions of EMPLOYER or CANDIDATE; (ii) use of any of EMPLOYER products or services by any third party.
In addition to those described above, CANDIDATES agree to defend, indemnify, and hold harmless FORCEBRANDS, its parents, affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions, demands, losses, damages, costs and other expenses (including without limitation reasonable legal and accounting fees and costs), alleging resulting from or relating to any actions or inactions of the CANDIDATE in the performance of his/her duties for EMPLOYER, including, but not limited to, any alleged violation of EMPLOYERS rules, policies, procedure and/or employment agreement.
(a) The Terms of Service and the relationship between you and us shall be governed by the laws of the State of New York, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms of Service shall be commenced and be heard in the appropriate court in the State of New York, New York County. You agree to submit to the personal and exclusive jurisdiction of the courts located within New York County in the State of New York. Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service by FORCEBRANDS must be made in writing and signed by an authorized representative of FORCEBRANDS specifically referencing these Terms of Service and the provision to be waived. Headings used in these Terms of Service are for convenience only and are not to be relied upon. If any provision of the Terms of Service 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 the Terms of Service remain in full force and effect. These Terms of Service will inure to the benefit of, and are intended to be enforceable by, FORCEBRANDS's successors, assigns and licensees. (b) FORCEBRANDS uses REALRESUME technology under a license in connection with its services. REALRESUME Technology is provided by license and is covered by U.S. Patents Nos. 5,758,324, 6,564,188, 6,718,340, 6,718,345 and 7,668,886. These Patents are owned by Taleo Corporation.
(c) USER Removal from The FORCEBRANDS Platform: Failure of any USER to comply with any of the terms and conditions of use set forth herein may result in User being barred temporarily or permanently from further use of/access to the FORCEBRANDS Platform. Acting in any manner FORCEBRANDS deems inconsistent with its business interests also may result may result in User being barred temporarily or permanently from further use of/access to the FORCEBRANDS Platform.
(d) Headings used in these Terms of Service are for convenience only and are not to be relied upon as setting forth a substantive or binding term of this Agreement.
(e) If any provision of the Terms of Service 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 the Terms of Service remain in full force and effect.
(f) These Terms of Service will inure to the benefit of, and are intended to be enforceable by FORCEBRANDS' successors and assigns.
(g) There are no third party beneficiaries to this Agreement; a person who is not a party to this Agreement has no rights (including but not limited to rights under the Contracts (Rights of Third Parties) Act 1999) to rely upon or enforce any term or provision of this Agreement.
(h) No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
17. Legal Disputes
If any dispute arises between You, a Visitor, an EMPLOYER, a CANDIDATE, an Advertiser and/or FORCEBRANDS or any combination thereof, as it relates to FORCEBRANDS, the FORCEBRANDS PLATFORM and/or this Agreement, such dispute shall be submitted and settled in accordance with the Rules of the American Arbitration Association, in New York, New York and the decision of a single English speaking arbitrator shall be final and binding. You further agree that in the event FORCEBRANDS becomes a party to the dispute involving this Agreement, each party shall bear its own costs and legal fees. In any disputes between You, a Visitor, an EMPLOYER, a CANDIDATE, and/or an Advertiser, where FORCEBRANDS is not a party to the suit, You agree to pay reasonable attorneys fees = and costs for FORCEBRANDS having to respond to any subpoena regarding the dispute. If You are a CANDIDATE as described in these Terms, then You expressly agree that any claim for damages against FORCEBRANDS, related to Your use of the services contained on the FORCEBRANDS Platform shall be as a liquidated damages which shall not exceed $500.00 (USD).
18. Confidential Information: During the term of this Agreement, You may receive confidential information from FORCEBRANDS related to Your interaction with the FORCEBRANDS PLATFORM or FORCEBRANDS. Except as expressly authorized by this Agreement or necessary for performance under this Agreement, You will use reasonable efforts to maintain the confidentiality of all such information and You will not disclose such information without the prior written consent of FORCEBRANDS. In no event will You use less effort to maintain the confidentiality of such information than You ordinarily use with respect to Your own confidential information. The foregoing will not restrict You from disclosing confidential information of FORCEBRANDS: (a) pursuant to the order or requirement of a court, administrative agency, or other governmental body, provided that if You are required to make such a disclosure, You give reasonable and timely notice to FORCEBRANDS to contest such order or requirement; and (b) on a confidential basis to Your legal or financial advisors, or prospective acquirers or investors. Examples of FORCEBRANDS confidential information include without limitation: (i) all software, technology, services, algorithms, search engines and search indices, programming, specifications, materials, guidelines, and documentation relating to the FORCEBRANDS Platform and (ii) Trial Features or any other information designated in writing by FORCEBRANDS as "Confidential" or an equivalent designation. Confidential information does not include information that: (a) is or becomes generally known to the public through no fault of or breach of this Agreement by You; (b) is rightfully known by You at the time of disclosure without a confidentiality obligation; (c) is independently developed by You without use of FORCEBRANDS's confidential information; or (d) You rightfully obtain from a third party without disclosure restrictions.
23. Electronic Acceptance.
You acknowledge that you have read and understand the terms of this Agreement. You FURTHER acknowledge that you have been given the opportunity to obtain independent legal advice with respect to this Agreement before accepting it.