TERMS OF USE

Last Updated: 01/01/2020

Welcome to InnoSource’s application service, together with any materials and services available therein, and successor site(s) thereto (the “Website”).  This policy applies to our service provided to users of this platform.

The Terms of Use (“Terms”) state the terms and conditions governing your use of and access to the Website and constitute a legally binding contract between you and InnoSource.  These Terms incorporate any additional terms and conditions posted by InnoSource through the Website.

The Privacy Policy describes how InnoSource may use and disclose information that we may collect about all users and viewers through the Website.

PLEASE REVIEW THESE TERMS AND PRIVACY POLICY CAREFULLY.  YOUR ACCESS TO AND/OR USE OF THE SITES CONSTITUTES YOUR ACCEPTANCE OF, AND CONSENT TO BE BOUND BY, THESE TERMS AND PRIVACY POLICY.  IF YOU DO NOT ACCEPT AND CONSENT TO BE BOUND BY THESE TERMS AND PRIVACY POLICY, THEN YOU MUST NOT USE OR ACCESS THE WEBSITE.

We may change these Terms and/or Privacy Policy from time to time by notifying you of such changes by any reasonable means, including by posting revised Terms or Privacy Policy through the Website.  Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms or Privacy Policy incorporating such changes, or otherwise notified you of such changes.

Eligibility

This Website is intended for Adults.  By using the Website, you affirm that you are of legal age to enter into these Terms.  If you are an individual accessing or using the Website on behalf of, or for the benefit of, any corporation, partnership or other entity with which you are associated (an “Organization”), then you are agreeing to these terms on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to these Terms.

Copyright

All content included on this Site, such as HTML code, scripts, text, graphics, logos, button icons, images, video, software created to provide mobile applications and audio (collectively, “Materials”), is our property or the property of our content suppliers and protected by United States and international copyright laws.  All software used on this site is our property or the property of our service provider or its suppliers and protected by United States and international copyright laws.  Software used on this site may utilize open-source software and related libraries under various public domain licenses.

Trademarks

InnoSource retains all rights regarding its trademarks, trade names, brand names, logos and trade dress (individually and collectively hereafter “Marks”).  These Marks and all associated logos or images are registered and/or common law trademarks and are protected by U.S. and international laws and treaties.  No license to the use of such Marks is granted to you under these Terms or by your use of this Site. Your misuse of the Marks displayed on this Site is strictly prohibited.  All trademarks and copyrights are the property of their respective owners.

License

We grant you a limited non-exclusive license to access and make personal use of this Website.  No right, title or interest in our Materials is conveyed to you.  You may not modify this Website, or any portion of it, except with our express written consent.  This license does not include any resale or commercial use of this Website or its Materials; any derivative use of this Website or its Materials; or any use of data mining, robots, or similar data gathering and extraction tools.  This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, published, displayed, or otherwise exploited for any commercial purpose without our express written consent.  All rights not expressly granted are reserved by InnoSource.

User Submitted Materials

By using this Website, you agree to the collection and use of your Personal Information.  This Website includes functionality to enable you to upload your resume and/or other employment or career-related information such as through completing a profile (all such submitted materials such as your resume as “Submitted Materials”).  For clarity, you retain ownership of your Submitted Materials.  You hereby grant InnoSource a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display, create derivative works of, adapt, modify and otherwise use and exploit such Submitted Materials, in any format or media now known or hereafter developed, and for any purpose.

Notice of Copyright Infringement under the “Digital Millennium Copyright Act” (DMCA)

We do not permit copyright infringing activities on the Website. We may remove any content of any kind that a user posts to the Website (“User Communications”), e.g., if properly informed that the User Communications infringe another’s copyright rights. We may terminate the ability to submit User Communications if, under appropriate circumstances, a person submitting User Communications to the Site is determined to be a repeat infringer. If you are a copyright owner or an agent for such owner and believe that any User Communications on the Site by third parties infringes upon your copyrights, you may notify us by providing the following information in writing:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
  2. Identification of the location where the original or an authorized copy of the copyrighted work exists;
  3. Identification of the User Communication(s) or material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit InnoSource to locate the same;
  4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
  5. A statement that you have a good faith belief that use of the User Communication(s) or material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. 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 copyright right that is allegedly infringed.

Our agent for notice of claims of copyright infringement can be reached as follows:

InnoSource
5600 Blazer Parkway
Suite 200
Dublin, OH 43017

Rules of Conduct

You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another’s computer; are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; contain chain letters or pyramid schemes; contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; impersonate any person, business or entity, including us and our employees and agents; encourage conduct that would constitute a criminal offense; give rise to civil liability; violate any law; or exhibit any conduct that, in our judgment, restricts, impairs, interferes or inhibits any other user from using or enjoying the Website and/or our related services and products. InnoSource reserves the right to block or deny access to the Website to anyone at any time for any reason.

Third Party Materials

Periodically, links may be established from the Website to one or more external websites or resources operated by third parties (the “Third Party Sites”). These links are provided for your convenience only. In addition, certain Third Party Sites also may provide links to the Website.  InnoSource does not control and is not responsible for any Third Party Sites or any content, advertising, products, or other materials on or available through such Third Party Sites.  Access to any Third Party Sites is at your own risk.

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless InnoSource and its officers, directors, employees, agents, distributors, and affiliates from and against any and all claims, demands, liabilities, costs, or expenses, including reasonable attorney’s fees, resulting from your breach of these Terms.

Disclaimer

USE THIS WEBSITE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND.  INNOSOURCE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE.  THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE AND INNOSOURCE DOES NOT MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES ARE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY LAW IN NEW JERSEY BUT MAY NOT APPLY IN OTHER STATES TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH LIMITATION OR PROHIBITIONS.

Further, without limiting the foregoing, InnoSource (a) does not guarantee that you will receive any employment or job offers through the Website; (b) will not be responsible for any employment offers or listings, employment screenings, employment decisions, or actual employment presented by third parties; and (c) is neither your employer nor your agent based solely on your usage of the Website.  You must use your own judgment in evaluating any prospective employers and any Third Party Materials.

Limitations of Liability

To the fullest extent permissible by applicable law, InnoSource does not assume any responsibility or liability for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Website, or your downloading of any information or materials from this Website.  TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, INNOSOURCE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE (EXCEPT, TO THE EXTENT APPLICABLE, IN NEW JERSEY WITH RESPECT TO THE AVAILABILITY OF TREBLE DAMAGES UNDER THE NEW JERSEY CONSUMER FRAUD ACT), INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY ARE ENFORCEABLE IN NEW JERSEY TO THE FULLEST EXTENT PERMITTED BY LAW BUT MAY NOT APPLY IN OTHER STATES TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.  TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE TO CEASE USING THIS WEBSITE IMMEDIATELY.

Governing Law

These Terms shall be governed by, construed, and enforced in accordance with the laws of the State of Ohio, without regard to conflict of law.  You consent to personal jurisdiction in and venue in the state and federal courts in Franklin County, Ohio, USA.

Arbitration

Except with respect to any claim or dispute involving the ownership, validity or use of any InnoSource trademarks or service marks, any dispute arising out of or related to the Website (including any claim that any provision of these Terms and Conditions are invalid, illegal, or otherwise voidable or void) will be submitted for and resolved by binding arbitration before the American Arbitration Association (AAA).

The arbitration proceedings shall be heard by one independent arbitrator who shall be an attorney or retired judge. The arbitration shall be held in Columbus, Ohio and in accordance with the then-existing Commercial Arbitration Rules of the AAA.  You and InnoSource waive any rights to maintain other available resolution processes for such disputes, such as a court action or administrative proceeding, to settle disputes. You and InnoSource waive any right to a jury trial for such disputes. The rules in arbitration are different from the rules that apply in court.  There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations stated in these Terms and Conditions, as a court would. Agreement to these Terms constitutes an agreement to pursue your claim on an individual basis and waiver of the ability to pursue your claim in a class action.

In reaching his or her decision, the arbitrator shall follow these Terms and Conditions, shall be bound to apply the applicable law and shall not rule inconsistently with the applicable law.  The arbitration shall be conducted on an individual basis, and not as a consolidated, common, representative, group or class.  The arbitrator shall include in his or her award any relief he or she deems proper in terms of money damages (with interest on unpaid amounts from the date due at the maximum rate allowed by law), and attorneys’ fees and costs. The award of the arbitrator shall be conclusive and binding upon all parties hereto and judgment upon the award may be entered in any court of competent jurisdiction.

Entire Agreement

Except to the extent otherwise set forth in the Terms, these Terms set forth the entire understanding between InnoSource and you with respect to your access to and use of the Website and its Content, and it supersedes all prior or contemporaneous understandings regarding access and use.

Severability

If any provision of these Terms is or shall be found to be unlawful, it shall not affect the validity and enforceability of any remaining provisions in this agreement.

Waiver

Failure by InnoSource, in any instance, to exercise any of its rights under the Terms will not constitute waiver of such right or any other rights under the Terms.