This User Agreement, in combination with Mavenlink's general Terms of Service, sets forth the terms and conditions under which Mavenlink makes the Service available to you. The Terms of Service is an integral part of this User Agreement and is incorporated herein by reference.
Capitalized terms not defined in this Agreement will have the meanings set forth in the Terms of Service.
Your acceptance of these terms is signified by your registration for the Mavenlink Service. By doing so, you agree to be bound by all of the terms and conditions contained in this User Agreement and the Terms of Service. You have the right to have a record of this User Agreement and any other Agreement you enter into with Mavenlink made available via email upon request for no additional fee. Simply e-mail such request to firstname.lastname@example.org. In addition to signifying your acceptance of these terms, in order to use or continue to use the Service you may be required to and you agree to provide information as requested by Mavenlink. In such an event, you consent to Mavenlink's disclosure of such information to third parties in order to verify such information (if Mavenlink chooses to conduct such verification, which it is not obligated to do) or in order to comply with federal, state, or local laws or regulations.
4. User Accounts and Conduct
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 or inappropriate activity in connection with the Site or have engaged in activities in violation of the terms of this User Agreement, the Terms of Service or related Agreements with Mavenlink. If Mavenlink suspends or terminates your account, you may not open a new account (under your name, a fictitious name, or someone else's name).
You will be solely and fully liable and responsible for all activities provided under your username and password.
5. Mavenlink as a Venue
Mavenlink provides a venue where you may either i) work with internal teams, ii) perform services for clients or partners, or iii) receive services from contractors, consultants, or partners on the Site. The specific features of the Site are to be determined solely by Mavenlink and are subject to change or termination without notice. You have no rights in and to the Site and Service or in and to any use or continued use of such Site or Service. Mavenlink makes no representation or warranty of any kind as to the ability or willingness of the parties to pay for the services provided. When acting as a consultant, you bear the entire risk with regard to payment for your work. Similarly, when you are acting as a client, Mavenlink makes no representation or warranty of any kind as to the applicability, accuracy, value, quality, or appropriateness of the work provided by any providers on the Site.
You acknowledge that Mavenlink is not a traditional service provider. Instead, the Site is a venue to allow anyone to offer, sell, deliver, and procure services anytime, from anywhere, in a variety of formats. Mavenlink is not involved in the actual transaction between the Users. We have no control over and do not guarantee i) the legitimacy, truth, or accuracy of the work, Users’ content, or project postings, ii) the ability or quality of service of providers, iii) the ability of clients or contractors to pay for items, or iv) that parties will actually complete a transaction.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, or (b) $100.
7. User Warranties
By submitting the User Agreement and completing the on-line registration process, you represent and warrant the following:
i. You will not misrepresent yourself or create a misleading username. You will always accurately describe and represent your background, skills, knowledge, and level of experience (including educational background, degrees, current business standing, etc), and other applicable information when using the Site or providing services. You will maintain and update such information so that it remains true, accurate, and complete.
ii. You will not provide any legal or medical advice or other professional advice or information (such as securities, tax, psychiatry, veterinary, etc) that may only lawfully be rendered or provided by a licensed professional unless you are such a licensed professional in good standing and you abide by all the rules and regulations of such profession.
iii. In addition to the other terms and conditions of the Terms of Service and this User Agreement, you expressly represent and warrant that you (a) have read, understand, and agree to be bound by this User Agreement and the Terms of Service, (b) will not engage in the restricted activities listed in Section 5 of the Terms of Service, and (c) will indemnify, defend, and hold harmless Mavenlink against any claims or damage incurred by Mavenlink resulting from or at all related to your failure to abide by the terms of this User Agreement or the Terms of Service.
iv. You will not conduct any illegal or fraudulent activities on our Site or in the use of our Service, and you hereby agree to indemnify, defend, and hold harmless Mavenlink in the event that Mavenlink concludes that you have engaged in any such illegal or fraudulent activities.
v. Unless otherwise expressly stated by Mavenlink through a recognition program or otherwise, you agree and acknowledge that (a) nothing regarding your participation on the Site will be considered as an endorsement, referral, or recommendation by Mavenlink or any other User of you or the work you provide and (b) you will not, either on the Site or in any other forum or by any other means, suggest such an endorsement.
8. Payment, Refunds, Upgrades, and Downgrades
i. A valid credit card is required for paying accounts.
ii. If you are eligible for a trial of a paying plan, your trial will begin upon your paid plan sign up or your upgrade to a paying plan, whichever is first. If you downgrade or cancel during your trial you rescind your right to any future trials.
iii. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
iv. For any upgrade or downgrade in plan level, the credit card account that you provided will automatically be charged the new rate on your next billing cycle.
v. If Client elects to add additional Users during the subscription term, Client shall pay Mavenlink, immediately, for each User added, the per User rate per month, multiplied by the number of months remaining in the entire Subscription Term. The additional Users will be added to future annual invoices as appropriate. All fees paid under this Agreement are non-cancelable and nonrefundable, except as otherwise explicitly provided in the Agreement.
vi. You agree to pay all fees and usage or subscription costs incurred through your use of the Service. In addition to any legal or other measures we may take to recover any monies due, Mavenlink may terminate your access to the Service immediately should there be any unpaid fees or usage or subscription costs owed by you, including but not limited to monthly or annual subscription fees.
vii. Unless otherwise stated, all payments are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with your use of the Service in a timely manner.
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 Service, including, without limitation, that result from any of your work provided and/or relied upon on the Site. Mavenlink shall provide you reasonable notice of such claim.
10. No Relationship
No relationship (such as partnership, agent, joint venture, or employee) between you and Mavenlink is created by this User Agreement or your participation on the Site.