Welcome to Mavenlink. The following
are the terms and conditions for use of this Mavenlink service, which
can be found at www.Mavenlink.com (the "Service" or "Site").
If you believe that any content or activity on the Site violates any
of these Terms, please e-mail firstname.lastname@example.org immediately. In addition,
if you have any comments or feedback about another Client, Consultant,
or anyone else active on the Site, please reach out to email@example.com.
Mavenlink reserves the right to refuse service to anyone at any time
without notice for any reason.
i. A "user"
is anyone who accesses, browses, crawls, scrapes, or in any way uses
the Site. The terms "you" and "your" refer to you,
as a user of the Site. The terms "we", "us", and
"Mavenlink" refer to Mavenlink, Inc. "Terms" or "Terms of Service"
refer to the terms contained in this Agreement. "Client" will
be used to describe the person who asks questions or posts projects
on this Site. "Consultant" will be used to describe the person
who performs work for Clients on this Site. A "Deliverable"
includes any work product created by a Consultant, including but not
limited to advice, answers, documents, designs, or other materials,
in the course of providing services to a Client on the Site.
means text, images, photos, audio, video, and all other forms of data
or communication. "Your Content" means Content that you submit,
post, or transmit to, or are using on, the Site, such as the business
ratings, reviews, compliments, information that you display as part
of your account profile, invitations, or other commentary that you may
submit, post, or transmit to, or are using on, the Site. Your Content
does not include the information that you submit in order to create
an account on the Site. "User Content" means Content that
users submit, post, or transmit to, or using, the Site. "Mavenlink
Content" means Content that is created by Mavenlink and made available
on the Site. "Third Party Content" means Content that is made
available on the Site by parties other than Mavenlink or the users,
such as data providers that license data for use on the Site. "Site
Content" means all of the Content that is made available on the
Site, including Your Content, User Content, Third Party Content, and
By using our Site in any way, you are
agreeing to comply with and be bound by the following Terms and any
related "Agreements" (which include, without limitation, the
User Agreement, and all rules or policies posted on the Site). Please
review the following Terms carefully. If you do not agree with the Terms
or any of the related Agreements in their entirety, do not use the Service.
Those users acting as Consultants performing work for Clients on the
Site or Clients seeking help or work from Consultants on the Site must
accept the terms of the User Agreement. You must be at least 18
years old to use this Service. Your acceptance of these Terms
is signified by checking the "I Agree" box and then completing
the on-line registration process. By doing so, you agree to be
bound by all of the terms and conditions contained in these Terms, including
acknowledgement that you are over the age of 18. You have the right
to have a record of these Terms and any related Agreement you enter
into with Mavenlink made available on paper form upon request for no
additional fee. Simply e-mail firstname.lastname@example.org with such a request.
4. Right of Modification
Mavenlink reserves the right to change,
revise or modify the Terms (including fees) or any of the related Agreements
at any time by posting the amended terms on the Site. All amended terms
shall automatically be effective upon posting. Your continued use of
the Service will signify your acceptance of the revised Terms or related
Agreement, as the case may be. If you do not accept the revised terms,
your sole and exclusive remedy is to discontinue using the Service.
The latest Terms and related Agreements will be posted on the Site,
and you should always review them prior to using the Site. Mavenlink
reserves the right, in its sole discretion, to modify or discontinue
the Services, for any reason, without notice.
5. User Accounts
As a "user", you represent that you are authorized to create and access an account. Through the user process, you will establish a user name and password for access to your online account. You are responsible for maintaining the confidentiality of your user name, account data and password.
You agree to comply with all billing procedures, including providing and maintaining accurate and lawful billing information for active Mavenlink accounts. You agree that you are solely responsible for all acts or omissions that occur under your account or password, including the content of your account as used throughout the Service. You will immediately notify Mavenlink of any unauthorized use of your password or account.
You are prohibited from soliciting
users of this Site including Consultants for any purpose (including
inviting other users to contact you outside the Site or inviting Consultants
to participate in a competing website) except with advance written consent.
Without limiting any other remedies, Mavenlink may suspend or terminate
your account if we suspect, in our sole judgment, that you (by conviction,
settlement, insurance or escrow investigation, or otherwise) have engaged
in fraudulent activity in connection with the Site or have engaged in
activities in violation of these Terms or any related Agreements with
6. Restrictions on Use
You agree that you will not:
i. use the Site to threaten, stalk, defraud, incite, harass, or advocate the harassment or defrauding of another person, or otherwise interfere with another user's use of the Site;
ii. use the Site to transmit or post spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
iii. use the Site for promotional or commercial purposes, except as expressly permitted by Mavenlink;
iv. use the Site in a manner that may create a conflict of interest, such as soliciting shill reviews;
v. use the Site for keyword spamming or to otherwise attempt to manipulate search results;
vi. use the Site to promote bigotry or discrimination against protected classes;
vii. use the Site to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
viii. use the Site to transmit or post pornography or illegal content;
ix. use the Site to solicit personal information from minors or to harm or threaten to cause harm to minors;
x. use the Site in violation of the Terms or any applicable law;
xi. modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by Mavenlink;
xii. reverse engineer any portion of the Site, except as may be permitted under the law;
xiii. remove or modify any copyright, trademark or other proprietary rights notice on the Site or on any materials printed or copied off of the Site;
xiv. record, process, or mine information about other users;
xv. use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Site or any Site Content;
xvi. access, retrieve or index the Site to construct or populate a searchable database of business;
xvii. reformat or frame any portion of the Site;
xviii. take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on Mavenlink's technology infrastructure;
xix. attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses"); use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; make excessive traffic demands; use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site; or
xx. use the Site to consummate
any transaction that was initiated using our Service that, by paying
to us a fee, could cause us to violate any applicable law, statute,
ordinance or regulation.
7. Mavenlink is a Venue; Release
Mavenlink acts as a venue to allow Clients to engage with Consultants. EMERGENCY QUESTIONS AND CRISIS SITUATIONS (particularly regarding medical or mental health) should be directed immediately by telephone or in-person to qualified professionals. Mavenlink is not the appropriate venue to deal with emergency or crisis situations. In addition, we are not involved in the actual conversation between Clients and Consultants. Mavenlink does not edit, modify, filter, screen, or otherwise monitor the content of questions, projects, submissions, Deliverables, profiles, qualifications or comments or have any obligation to monitor the content. As a result, we have no control over the quality, safety or legality of the deliverables given, the truth or accuracy of the Deliverables, the ability of Consultants to provide quality Deliverables, or the ability of Clients to pay for Deliverables. We cannot ensure that a Client or Consultant will actually complete a transaction. Because we are a venue, in the event that you have a dispute with one or more users, you release Mavenlink (and our officers, directors, agents, parents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) 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 ¤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".8. No Assurances Given From and No Reliance on Term "Consultant"
Throughout this Site, certain terms, including "Maven", "Expert", "Consultant" or "Advisor" may be used to refer to someone who claims to have certain knowledge, background or experience that may be useful in responding to a question or project posed by a user. Use of such terms provides no assurance that the person providing services on Mavenlink has any expertise or qualifications to give such advice. You acknowledge that Mavenlink is not obligated to independently verify their qualifications. If you believe that like a Deliverable that you receive from a Consultant is not what you requested for any reason, your sole remedy is to disregard the Deliverable and not pay for it. Notwithstanding the foregoing, Mavenlink reserves the right, but is not obligated, to remove any content that it believes violates any of these Terms, including, without limitation, any objectionable or personally identifiable information.
8. Identity Verification
We verify the accuracy of the e-mail address our users provide us when they register on the Site. However, because user verification on the Internet is difficult, Mavenlink cannot and does not confirm each user's purported identity and may not be held liable or responsible for any damages sustained or incurred by you due to any users, Clients or Consultants negligent or intentional concealment of his, her or its proper identity.
i. Dissatisfaction. If you are dissatisfied with the Site, please let us know by providing feedback to the customer support team through designated feedback areas of the site or sending comments to email@example.com. Your input is valuable to us. Your only other remedy with respect to any dissatisfaction with (i) the Site, (ii) the Terms, (iii) any policy or practice of Mavenlink in operating the Site, or (iv) any content or information transmitted through the Site, is to terminate your usage of the Site and close your account.
ii. Suggestions and Improvements. By sending us any ideas, suggestions, documents and/or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.
11. Information Control and Storage
We do not control the information provided by users, Clients or Consultants made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and Mavenlink is not responsible for the acts or omissions of users, Clients or Consultants on the Site.
You further hereby agree that Mavenlink
is not responsible or liable for the deletion or failure to store information.
12. Exclusion of Warranties
MAVENLINK SERVICES AND RELATED DOCUMENTATION
ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND
EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH
THIS SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT
EXPRESSLY STATED IN THESE TERMS. MAVENLINK DOES NOT REPRESENT OR WARRANT
THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL
BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE,
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MAVENLINK DOES NOT
WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF THE MATERIALS
AVAILABLE THROUGH THE SERVICE, FROM THIRD PARTIES OR A LINKED SITE WILL
BE CORRECT, ACCURATE, TIMELY, RELIABLE OR OTHERWISE. UNDER NO CIRCUMSTANCES
WILL MAVENLINK BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE
ON INFORMATION OBTAINED THROUGH THE SITE, FROM THIRD PARTIES (SUCH AS
CONSULTANTS OR OTHERS) OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT
OR SERVICE OBTAINED FROM A THIRD PARTY OR A LINKED SITE.
13. Limitation of Liabilities
IN NO EVENT SHALL WE, OUR PARENTS,
SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE
FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING
LOST PROFITS OR LOSS OF BUSINESS) ARISING OUT OF OR IN CONNECTION WITH
OUR SITE, OUR SERVICES OR THIS AGREEMENT BASED ON ANY THEORY, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES
SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN
BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED
WITHOUT SUCH LIMITATIONS. IN NO EVENT WILL OUR LIABILITY, AND THE LIABILITY
OF OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS,
TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE EXCEED THE GREATER OF
(A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION
GIVING RISE TO LIABILITY, OR (B) $100. Some States do not allow the
exclusion or limitation of incidental or consequential damages, so the
above limitation or exclusion may not apply to you.
You agree to indemnify, defend and
hold Mavenlink, any and all parent, subsidiary, or affiliate organizations,
officers, agents and employees, harmless from any claim, demand, or
damage, including reasonable attorneys' fees, asserted by any third
party that are in any way due to or arising out of your use of or conduct
on the Site or Service. Mavenlink shall provide you reasonable notice
of such claim.
15. Termination or Suspension of Service
If you wish to terminate your service, you may do so by furnishing us with written notice of your decision. Your notification must be sent via e-mail to firstname.lastname@example.org. Cancellations will be effective within 7 business days. All debts and fees must be paid before cancellation can take effect.
We reserve the right to terminate your service at any time without cause or notice. In addition, we reserve the right to suspend your account indefinitely if we suspect any fraudulent or inappropriate activity is being conducted through the use of the Site (such as, for example, unauthorized use of a credit card) and such suspension will remain in effect until we are satisfied in our sole judgment that such activity is not occurring. Mavenlink shall have no obligation to maintain any content in your account.
Mavenlink reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized access to or use of the Site, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.
Termination does not affect your liability
or obligations under this Agreement.
16. No Endorsement of Non-Mavenlink Entity ; No Relationship with Users
Mavenlink may endeavor to offer to
its users products and services offered by non-Mavenlink entities. Placement
of information, logos, links or names of such non-Mavenlink entities
on the Mavenlink site does not constitute an endorsement or warranty
of these entities, their products or services. Users take full responsibility
for a decision to visit or patronize any such entity and hold Mavenlink
harmless from any liability arising from such actions. You further acknowledge
that no relationship (such as partnership, agent, joint venturer, or
employee) is created between you and Mavenlink or between any user (including
Clients and Consultants) and Mavenlink by formation of this Agreement
(or any of the Related Agreements) or by your participation on the site.
IT IS THE RESPONSIBILITY OF THE USER
TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION,
ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, FROM ANY CLIENT,
CONSULTANT OR THIRD PARTIES, OR OBTAINED FROM A LINKED SITE. PLEASE
SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION
OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
THE MATERIALS AND CONTENT PROVIDED BY MAVENLINK AND ITS PROVIDERS ARE
NOT INTENDED TO AND DO NOT CONSTITUTE PROFESSIONAL ADVICE. REGISTRATION
OR ENROLLMENT FOR THE SERVICE AND ACCEPTANCE OF A NEW ACCOUNT DOES NOT
CREATE A PROFESSIONAL-CLIENT RELATIONSHIP AND ARE NOT THE SUBJECT OF
PRIVILEGE AND CONFIDENTIALITY STANDARDS ASSOCIATED THEREWITH.
17. Proprietary Rights of Content
You acknowledge and agree that Mavenlink
owns the rights to its website Mavenlink.com and all content displayed
on the Site. You acknowledge that all content, including but not limited
to text, software, music, sound, photographs, video, graphics or other
material contained in listings, sponsor advertisements or email-distributed,
commercially produced information presented to you by the Service, by
Mavenlink, Mavenlink users, or Mavenlink Advertisers or other content
providers, is protected by copyrights, trademarks, service marks, patents
or other proprietary rights and laws. You may not modify, copy, reproduce,
republish, upload, post, transmit, or distribute in any way content
available through the Service, including code and software for commercial
purposes. For permission to use third party materials appearing on the
Site, please contact the copyright owner. You do not acquire ownership
rights to any content, document or other materials viewed through the
Site. The posting of information or materials on the Site does not constitute
a waiver of any right in such information and materials.
18. Press Release Information
The Site may contain information and
press releases about us. While this information was believed to be accurate
as of the date prepared, we disclaim any duty or obligation to update
this information or any press releases. Information about companies
other than ours contained in the press release or otherwise, should
not be relied upon as being provided or endorsed by us.
19. Disputes, Assignment, and Governing Law
These Terms and the related Agreements
constitute the complete and exclusive statement of the Agreement between
you and us. It supersedes any and all prior or contemporaneous agreement,
oral or written, and any other communications, representations, warranties
and understanding relating to the subject matter of this Agreement.
If there is a conflict between an oral representation of any Mavenlink'
employee or agent and the terms of this Agreement, the terms of this
Agreement will prevail. To the extent that anything in or associated
with the Site is in conflict or inconsistent with this Agreement, the
terms of this Agreement will prevail.
If any provision(s) of these Terms
is held by a court of competent jurisdiction to be contrary to law,
then such provision(s) shall be construed, as nearly as possible, to
reflect the intentions of the parties with the other provisions remaining
in full force and effect. You and Mavenlink agree that any cause of
action arising out of or related to this Service must commence within
one (1) year after the cause of action arose; otherwise, such cause
of action is permanently barred. You may not assign this Agreement or
any rights hereunder to any other party. Mavenlink shall not be deemed
to have waived any of our rights or remedies unless such waiver is in
writing and signed by us. No delay or omission on the part of Mavenlink
in exercising any rights or remedies shall operate as a waiver of such
rights or remedies or any other rights or remedies on future occasions.
The section titles in these Terms are solely used for the convenience
of the parties and have no legal or contractual significance.
This Agreement shall be governed by,
and construed in accordance with the laws of the State of California,
without regard to its conflicts of law provisions. Each party using
our Site or Services agrees to the exclusive jurisdiction of the courts
of the State of California, and agrees that venue for any action resulting
from this Agreement or the use of our Services shall be in Orange County,
California and waives any and all jurisdictional, venue or inconvenient
20. Contact and Violations.
Please contact us with any questions
regarding the Terms. Please report any violations of the Terms to our
legal department through the contacts page or email@example.com.
Mavenlink and the Mavenlink logo,
including the "M" symbol are proprietary service marks of