BEFORE YOU CHECK THE BOX AND CLICK ON THE “I ACCEPT” BUTTON, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING ON THE “I ACCEPT” BUTTON OR USING THE WEBSITE IN ANY MANNER, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT CLICK THE “I ACCEPT” BUTTON AND YOU WILL NOT BE PERMITTED TO USE OUR SERVICES. WE RESERVE THE RIGHT TO CHANGE THE TERMS OF THIS AGREEMENT IN THE FUTURE AND ANY CHANGES WILL APPLY TO YOUR USE OF THE WEBSITE AFTER THE DATE OF SUCH CHANGE. BY CLICKING “I ACCEPT” OR USING THIS WEBSITE YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OLD.
ENSIDELOOK LLC, a New York limited liability company (hereinafter referred to as “Company”, “Ensidelook LLC”, “we”, “our” or “us”), provides this website, www.ensidelook.com (the “Site”), including all reviews, information, documents, communications, files, images, text, graphics, software, software applications, products and services available through the Site (collectively, the “Materials”) and all services operated by the Company and third parties through the site (collectively, the “Services”), available for your use subject to the terms and conditions set forth in this document and any changes to this document that we may publish from time to time (collectively, the “Terms of Use” or “Agreement”).
We reserve the right to change the Terms of Use and other guidelines or rules posted on the Site from time to time at our sole discretion. Your continued use of the Site, or any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. You should periodically check these Terms of Use to view the then current terms. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates.
We further reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Materials and/or Services (or any part thereof) with or without notice. You agree that, unless we have agreed otherwise in writing, we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Materials and/or Services (or any part thereof).
All user-supplied content, information, materials, files, communications, documents, text and images, including any comments or reviews you provide through the Site, are referred to collectively as “User Content.” “Our Content” means all materials provided by Ensidelook LLC. The terms and conditions expressed in this agreement apply to all users and visitors of this Site, and we may refer to all Site users as “you” or “your/s” in this Agreement.
3. EMPLOYER AND EMPLOYEE ACCOUNTS
The Site accommodates three types of users and two types of registered accounts, and this Agreement and the Privacy Policy applies to all of them unless expressly provided otherwise.
Types of users:
(i) The Site accommodates non-registered users – these are users who browse the Site without creating an account either as an employee or as an employer. Though these users do not create an account, by virtue of using the Site, they are also agreeing to be bound by the terms of this Agreement.
(ii) The Site accommodates employees who leave reviews about their experiences with former or current employers. Once reviews are submitted they cannot be deleted by the user. We may delete reviews upon a user’s satisfactory request, in our sole discretion.
(iii) The Site accommodates employers who can browse the reviews that have been submitted about them. Employers may also register for an employer account, through which the employers are provided with certain features, including monitoring of reviews submitted about them.
Types of Accounts:
(i) Employee Account. An Employee Account is created by employees wishing to submit a review about an existing or former employer. To leave reviews, employees must create an Employee Account. In the event that an employee wishes to remove a previous review he or she posted, the employee may submit to us a request explaining the reason for the requested removal, which request may be granted in our sole discretion. When leaving a review about an employer we will not feature your name when posting the review, though you should be aware that, especially in smaller organizations, your employer may easily be able to identify you as the reviewer.
(ii) Employer Account. An Employer Account is created by employers wishing to utilize the features and tools we provide to employers. Reviews cannot be submitted via an Employer Account, and employers are unable to review employees through our platform.
Collectively, user accounts, whether Employee Accounts or Employer Accounts, are referred to in this Agreement simply as Accounts. To enhance our user experience we may enable you to register an Account easily by linking your other social networking accounts, such as your LinkedIn, Facebook or Yelp accounts. Please note that our Terms of Use and Privacy Policy cove only your interaction on our Site; please review the terms of your social networking providers for information about their terms of use and privacy policies.
In order to access or to make use of the Materials and/or Services you may need to register and create an “Account”. By using the Site and/or setting up an Account you represent that you are of legal age to form a binding contract and are not a person barred from receiving our Services under United States or State law. You also agree:
i. that you will not use an Account that is created by another Site user;
ii. that you will supply only complete and accurate information in registering for an Account;
iii. that you are solely responsible for the activity that occurs on your Account, that you will keep your Account password secure at all times, and that we will not be liable for your losses caused by any unauthorized use of your Account; and iv. that if your Account has been compromised for any reason, you will immediately notify us of the security breach or unauthorized use of your Account.
We reserve the right to (a) take appropriate legal action against anyone who, in our sole discretion, violates these Terms of Use; (b) in our sole discretion without notice and without limitation or liability, refuse, restrict access to or availability of, or terminate any user’s Account for any reason.
The Materials and Services on this Site, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials or Services at this Site may violate such laws and these Terms of Use. Except as expressly provided herein, we do not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, assign, distribute, or create derivative works based on the Site, its Materials, or its Services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.
In addition to the Materials and Services offered by us, this Site may also make available materials, links, information, products and/or services provided by third parties (collectively, the “Third Party Products and Services”). The Third Party Products and Services may be governed by separate agreements that accompany such products or services. We offer no guarantees and assume no responsibility or liability of any type with respect to the Third Party Products and Services. You agree that you will not hold us responsible or liable with respect to the Third Party Products and Services or seek to do so, even if we recommended the particular good or service. You further understand and agree that all dealings with individuals and entities accessed, introduced or referred through the Site is at your own risk.
Except as expressly indicated to the contrary elsewhere on this Site, you may use, view, and download Our Content and User Content available on this Site subject to the following conditions:
Our Content and User Content may be used solely for personal and internal purposes. You may not commercially exploit any of the Site content without express permission from us.
Our Content and User Content may not be modified or altered in any way except by us.
You may not remove any copyright or other proprietary notices contained in Our Content or User Content.
We reserve the right to revoke the authorization to view, use and download Our Content and User Content available on this Site or any portion of it at any time, and any such use shall be discontinued immediately upon notice from us.
The rights granted to you constitute a license and not a transfer of title.
The rights specified above to view, use and download Our Content and User Content available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
The trademarks, logos, and service marks, including the “Ensidelook” trademark (the “Marks”) displayed on this Site are the property of Ensidelook LLC or other third parties. You are not permitted to use the Mark without the prior written consent of Ensidelook LLC or such third party that may own the Mark.
6. LICENSE TO ENSIDELOOK LLC FOR USER CONTENTCertain pages on the Site accommodate User Content, such as reviews by employees of their current or former employers. By submitting User Content to any area of the Site you grant us the following type of license: a perpetual, worldwide, royalty-free, exclusive license to modify and reproduce such User Content. You also grant us the right to distribute and publicly display and perform such User Content on the Site for the purpose for which such User Content was submitted to the Site. You also grant us a worldwide, perpetual, royalty-free, exclusive license to modify, compile, reproduce, sell, license and distribute such User Content without compensation to you. You agree that you will not submit any User Content to the Site that is in any manner infringing, untrue, or defamatory. Before submitting content or links from other websites you agree to review such sites’ terms and conditions to ensure that your activity on our Site does not violate such terms, and you agree to indemnify us to the extent that we are harmed because of your wrongdoing or violation of this Agreement.
7. DIGITAL MILLENNIUM COPYRIGHT ACT
Our Site is committed to complying with U.S. copyright laws. The Digital Millennium Copyright Act (“DMCA”) provides a recourse for owners of copyrighted material who believe that their rights under U.S. copyright laws have been infringed on the Internet. Under the DMCA, copyright owners may contact the authorized agent of an Internet service provider to report alleged infringements of their protected works appearing on web pages hosted by the service provider. Upon receipt of a properly filed complaint satisfying the requirements of the DMCA, our Site will remove or block access to the allegedly infringing material, and may terminate the user’s Account as provided in this Agreement. If a person believes in good faith that a notice of copyright infringement has been wrongly filed, such person may submit a counter-notice to us. In any event, we shall not be made a party to disputes over alleged copyright infringement.
If you are a copyright owner or an agent thereof and believe that any User Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You may send the notification to info@ensidelook.com. It is our policy in appropriate circumstances to disable and/or terminate the Accounts of users who are repeat infringers.
You may submit only User Content to or through the Site that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. As outlined in more detail below, you are prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libelous, offensive, (including any offensive language or suggestive content, as determined by us), defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations on access by you to this Site. Furthermore, if legal action is taken against us for your violations of these terms we will hold you liable for our losses resulting from your violation of these provisions or of applicable law, and you agree to fully indemnify us and to compensate us for any resulting losses and related legal costs incurred in defending ourselves because of your violation of these Terms of Use and other rules and conditions posted on the Site.
More specifically, you understand that you are entirely responsible for the content of, and any harm resulting from, your postings to or transmissions through the Site (your User Content). When you create or make available your User Content, you thereby represent and warrant that:
(a) the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your User Content does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights of any third party;
(b) you have fully complied with any third-party licenses relating to your User Content, and have done all things necessary to successfully pass through to viewers any required terms;
(c) your User Content does not contain any viruses, malicious code or other harmful or destructive content;
(d) your User Content is not obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable, libelous or slanderous, does not incite, encourage or threaten immediate physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
(e) your User Content does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any applicable child pornography law or otherwise intended to protect the health or wellbeing of minors;
(f) your User Content does not violate any applicable law designed to regulate electronic advertising;
(g) your User Content does not constitute, contain, install or attempt to install or promote spyware, malware or other computer code designed to enable you or others to gather information about or monitor the online or other activities of another party on or through the Site;
(h) your User Content does not contain any defamatory material, including defamatory information about your current or former employer;
(i) your User Content does not inundate the website with communications or other traffic suggesting no serious intent to use the website for its stated purpose; and
(j) your User Content does not otherwise violate, or link to material that violates, any provision of these Terms of Use or any applicable law or regulation.
You may not access or use the Site for any other purpose other than that for which we make it available. In using the Site, including all Services and Materials available through it, you agree to not engage in any prohibited activities. Prohibited activity includes, but is not limited to:
(a) criminal or tortious activity;
(b) using any information obtained from the Site in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
(c) interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected to the Site;
(d) disrupting or interfering with the security of, or otherwise causing harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site; and
(e) using the Site in a manner inconsistent with any and all applicable laws and regulations.
We reserve the right but do not have the obligation to:
(a) monitor the Site for violations of these Terms of Use or applicable law;
(b) take appropriate legal action against anyone who, in our sole discretion, violates these Terms of Use;
(c) in our sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s User Content or any portion thereof that may violate these Terms of Use or any policy of ours;
(d) in our sole discretion and without limitation, notice or liability remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
(e) terminate and delete Accounts (including information stored in connection with Accounts) without notice or liability to you; and
(f) to otherwise manage the Site in a manner designed to protect the rights and property of Ensidelook LLC and others and to facilitate the proper functioning of the Site. We make no representation that we will keep or save your User Content; all such content may be deleted by us in our sole discretion without liability. In addition, to the maximum extent permitted by law, we will have no liability related to User Content. We disclaim all liability with respect to the misuse, loss, modification, or unavailability of any User Content.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND US, THIS SITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (I) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (IV) THE QUALITY OF ANY SERVICES OR MATERIALS OBTAINED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; (V) ANY ERRORS IN THE SERVICES OR MATERIALS OBTAINED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, ITS SERVICES OR MATERIALS, WILL BE CORRECTED; OR (VI) THAT THE REVIEWS FEATURED ON THE SITE ARE TRUE AND ACCURATE.
The use of the Services or the downloading or other use of any Materials through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. We assume no liability for any computer virus or other similar software code that is downloaded to your computer from the Site or in connection with any Services or Materials offered through the Site. No information, whether oral or written, obtained by you from us or through or from the Site shall create any warranty not expressly stated in these Terms of Use.
You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of Ensidelook LLC or others. Please refer to our Privacy Policy for more information about the manner in which we protect and use your information.
13. LIMITATION OF LIABILITYIN NO EVENT SHALL ENSIDELOOK LLC OR ITS OFFICERS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR UNDER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE AND ANY OF THE MATERIALS OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT ACTUALLY PAID, IF ANY, BY YOU TO US DURING THE 12-MONTH PERIOD PRIOR TO THE CLAIM.
14. INDEMNITY AND LIABILITYYou agree to indemnify and hold Ensidelook LLC, and its subsidiaries, affiliates, officers, directors, agents, partners and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to, or transmit through the Site or our applications, your use of the Site or our applications, torts or damaged (whether physical or otherwise) caused by you, your connection to the Site, your violation of these Terms of Use or your violation of any rights of another person or entity.
15. GOVERNING LAW, JURISDICTION AND ARBITRATION
This Agreement is governed in all respects by the laws of the State of New York without regard to conflict of laws provisions. BY ACCEPTING THIS AGREEMENT AND USING THE SITE, YOU ACCEPT AND CONSENT TO THE PERSONAL JURISDICTION AND VENUE OF THE FEDERAL AND STATE COURTS IN NEW YORK COUNTY, NEW YORK.
Notwithstanding any contrary provision contained herein, any controversy or claim arising out of or relating to this Agreement, the Materials or Services, or the Site or your use of the Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York County, New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator shall be final and binding upon the parties without appeal or review except as permitted by New York law. Notwithstanding the foregoing, either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction in New York County, New York, as necessary to protect the party’s rights or property pending the completion of arbitration.
The Terms of Use and the other rules, guidelines, licenses and disclaimers posted on the Site constitute the entire agreement between Ensidelook LLC and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by us to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision.