Terms of Service
Last Update: November 11, 2021
These Terms of Service (“Terms”) apply to your access to and use of OCInsights, including the websites, applications and online services provided by OCInsights Inc. (“Company”, “we”, or “us”) in connection with OCInsights, and this is an agreement between you and, if you are participating in connection with your employment, your employer (collectively “you” or “your”). OCInsights is our online talent intelligence and recruiting tool that allows customers to discover talent insights and connect with talents who have public profiles.
These Terms are a legally binding contract between you (including site visitors and users) and us, which govern your access and use of the OCInsights as well as subscription services, owned or controlled by OCInsights Inc.
You must be at least 18 years of age to access or use OCInsights. You may not access OCInsights if (a) you have previously been suspended or removed from using OCInsights, (b) the laws of the country in which you reside prohibit the use of OCInsights in accordance with these Terms, or (c) your use of OCInsights breaches any other agreement to which you are a party.
2. RIGHT TO ACCESS
Subject to these Terms, you may access and use OCInsights solely for HR internal usage and talent hiring. OCInsights, including the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans, and other content contained therein, is owned by us and our licensors. We and our licensors reserve all rights, title, and interest in and to OCInsights.
You will need to register for an account to use OCInsights. If you register for an account, you must (a) provide any information required via OCInsights, (b) ensure that such information is accurate, (c) keep such information up to date at all times, (d) protect your account from unauthorized access or use, including by not sharing your account credentials with any third party, and (e) promptly notify us if you discover or suspect any unauthorized access or use of your account.
OCInsights subscription fees will be billed automatically at the start of the monthly or annual period, as applicable. These fees will auto-renew until your OCInsights subscription is ended. Your subscription fee will be the same as your initial charges unless you are otherwise notified in advance. You may cancel your OCInsights subscription at any time, as described below.
You may cancel your OCInsights subscription by contacting us at email@example.com. The cancellation of a subscription will go into effect at the end of your current subscription period. We do not refund unused portions of subscription fees. You can renew your subscription at any time, although the OCInsights subscription fees may have increased. You can delete your account at any time by requesting removal at firstname.lastname@example.org.
6. NO REFUNDS
You accept that you will not receive a refund of your upfront payment and you remain liable for any unpaid portion of your Terms, and any unpaid payment will become due immediately upon the cancellation. In the event that OCInsights suspends, limits, conditions, or terminates your access to the OCInsights due to your breach of any applicable agreement that you have with OCInsights Inc., you acknowledge that you will not receive a prorated refund for any unused portion of your Terms, and you remain liable for any unpaid portion of your Terms.
7. PROHIBITED CONDUCT
In connection with your use of OCInsights, you will not violate any applicable law, contract, intellectual property right, or other third-party right or commit a tort. You are solely responsible for your conduct while accessing or using OCInsights. You further agree not to: (a) Engage in any harassing, threatening, intimidating, predatory or stalking conduct; (b) Use, or attempt to access, another user’s account; (c) Use OCInsights in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying OCInsights or that could damage, disable, overburden or impair the functioning of OCInsights in any manner; (d) Bypass or circumvent measures employed to prevent or limit access to any part of OCInsights (e) Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access OCInsights, extract data or otherwise interfere with or modify the rendering of OCInsights pages or functionality; (f) Reproduce (other than standard website page caching), create derivative works of, publicly perform, publicly display, distribute, sell, rent, lease, timeshare or otherwise commercially exploit OCInsights, in whole or in part; (g) Develop or use any third-party applications that interact with OCInsights without our prior written consent; or (h) Use OCInsights for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
8. COPYRIGHT COMPLAINTS
We have a policy of limiting access to OCInsights and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on OCInsights infringes any copyright that you own or control, you may notify Company’s Designated Agent as follows:
2550 N 1st St, Ste 100,
San Jose, CA 95131
9. MODIFICATIONS TO OCINSIGHTS
We reserve the right, in our sole discretion, to modify OCInsights (or any features or functionality of OCInsights) at any time without notice and without obligation or liability to you.
You will indemnify, defend, and hold harmless Company and our officers, directors, agents, partners and employees (individually and collectively, the “Company Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (including attorney’s fees) arising out of or related to (a) your access to or use of OCInsights, including your User Content; (b) Feedback you provide; (c) your violation of these Terms; or (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights). At our option, will have the right to assume the defense of any claim subject to this indemnification obligation. If Company exercises this right, you will be responsible for paying for Company’s attorneys’ fees in connection with such defense. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Company or the other Company Parties.
(a) We do not control, endorse or take responsibility for any User Content or third-party content made available on, or linked to or by, OCInsights.
(b) OCInsights is provided “As Is” and “As Available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. While we strive to make OCInsights a great service, Company does not represent or warrant that OCInsights (including the content and functionality contained therein) is accurate, complete, reliable, current or error-free. For instance, we make no representations or warranties regarding the accuracy or reliability of any suggestions we make through the Services. You assume the entire risk as to the quality and performance of OCInsights.
12. LIMITATION OF LIABILITY
(a) Company and the other Company Parties will not be liable to you for any indirect, consequential, exemplary, incidental, or special damages or lost profits, even if Company or the other Company Parties have been advised of the possibility of such damages.
(b) The total liability of Company and the other Company Parties, for any claim arising out of or relating to these Terms or any use of OCInsights is limited to amounts paid, if any, to Company by you in connection with your use of OCInsights.
(c) The limitations set forth in this Section 13 will not limit or exclude Company’s liability for Company’s gross negligence, fraud or willful, reckless or intentional misconduct.
You release Company and the other Company Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
14. DISPUTE RESOLUTION; BINDING ARBITRATION
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Company and limits the manner in which you can seek relief from us.
(a) Except for small claims disputes in which you or Company seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Company seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Company waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or use of OCInsights (“Disputes”) resolved in court. Instead, all Disputes will be resolved through confidential binding arbitration held in San Jose, California in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS website and hereby incorporated by reference. You either (i) acknowledge and agree that you have read and understood the rules of JAMS or (ii) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
(b) You and Company agree that any Dispute is personal to you and Company and that any Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
(c) You and Company agree that the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in a court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Company agree that for any arbitration you initiate, you will pay the filing fee and Company will pay the remaining JAMS fees and costs. For any arbitration initiated by Company, Company will pay all JAMS fees and costs. You and Company agree that the state or federal courts of the State of Washington and the United States sitting in Santa Clara County, California USA have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
(d) Any claim based upon a Dispute must be filed within one year after such Dispute arose; otherwise, the claim is permanently barred, which means that you and Company will not have the right to assert a claim based upon the Dispute.
(e) You have the right to opt-out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 15 by contacting us by email at email@example.com. In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt-out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 16.
15. GOVERNING LAW AND VENUE
These Terms and your access to and use of OCInsights will be governed by and construed and enforced in accordance with the laws of the State of California, USA, without regard to conflict of law rules or principles (whether of Washington or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved by the state or federal courts of the State of California and the United States sitting in Santa Clara County, California USA.
For any dispute you have with OCInsights, you agree to first contact OCInsights and attempt to resolve the dispute informally by emailing customer support at firstname.lastname@example.org
If OCInsights has not been able to resolve a dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with the Terms or any part of the Agreement by binding arbitration through the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for AAA. The party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to OCInsights should be sent to 2550 N 1st St, Ste 100, San Jose, CA 95131. The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If OCInsights and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or OCInsights may commence an arbitration proceeding.
The arbitration will be conducted in Santa Clara County, California, in the United States. During the arbitration, the amount of any settlement offer made by OCInsights or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or OCInsights is entitled. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement.
Each party will be severally responsible for paying any AAA filing, administrative and arbitrator fees in accordance with the AAA rules. The award rendered by the arbitrator will include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of both parties.
17. WAIVERS OF CLASS ACTION AND TRIAL BY JURY
You and OCInsights both waive any right to participate in any class action involving disputes between the parties. Both you and OCInsights are each waiving the right to a trial by jury. All claims must be brought in a party’s individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless OCInsights agrees otherwise the arbitrator may not consolidate more than one person’s claims. This class action waiver is an essential part of our arbitration agreement and may not be severed. If for any reason this class action waiver is found unenforceable, then the entire arbitration agreement herein will not apply. However, the waiver of the right to trial by jury set forth in this section will remain in full force and effect.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
19. NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California users of the online services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
20. CONTACT INFORMATION
If you have any questions, feedback or to report a violation of the Terms, you may email us at email@example.com or contact us by mail at:
2550 N 1st St, Ste 100,
San Jose, CA 95131