THIS AGREEMENT WAS LAST UPDATED ON: July 13, 2017
By accessing, browsing, and/or using the Website or any Services, or by clicking to accept or agree to this Agreement when this option is made available to you, you accept, without limitation or qualification, the terms and conditions set forth in this Agreement, which forms a legally binding agreement between you and Advanced Discovery. If you do not agree to any or all of the provisions found in this Agreement, please immediately exit this Site, and cease and refrain from using or accessing the Services or the Site. YOU AGREE THAT YOU ARE AT LEAST THE AGE OF MAJORITY IN YOUR STATE OR PROVINCE OF RESIDENCE AND PERMITTED BY LAW TO ENTER INTO THIS AGREEMENT. IF YOU ARE ACCEPTING THIS AGREEMENT ON BEHALF OF ANY CORPORATION, PARTNERSHIP, COMPANY, OR OTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO LEGALLY BIND SUCH CORPORATION, PARTNERSHIP, COMPANY, OR OTHER ENTITY TO THIS AGREEMENT.
We may change the terms and conditions set forth in this Agreement from time to time and will provide you with tHIRTY (30) days’ notice before the new terms and conditions come into effect by posting notice of the revised Agreement on the Website. Changes will apply prospectively only. Other than this notice, you will not be provided with specific notice of the new and applicable terms and conditions. The latest Agreement will be posted on the Site, and you should always review this Agreement prior to using or accessing the Site or the Services to ensure that you have a current understanding of the Agreement under which you are permitted to access and use this Site and the Services.
The Site and Services are commercial in nature and NOT intended for use by children or anyone under the age of 18 years of age. IN NO EVENT IS THE WEBSITE OR THE SERVICES TO BE USED BY ANYONE UNDER 18 YEARS OF AGE.
As used herein, “Content” shall mean postings, messages, works of authorship, text, files, images, photos, video, sounds, documents, audiovisual works, data, Personal Data, information, or other materials.
As used herein, “Data Security Laws” mean any Laws that govern the collection, handling, storage, distribution, Processing, use, transmission, disclosure, importing, exporting, and/or maintenance of personally identifiable information or other information or data of a private or sensitive nature (including Personal Data).
As used herein, “Law(s)” means any statute, law, ordinance, regulation, directive, rule, code, order, constitution, treaty, common law, judgment, decree or other requirement of any federal, state, local or foreign government or political subdivision thereof, or any arbitrator, court or tribunal of competent jurisdiction.
As used herein, “Personal Data” means information or data provided or made available to Advanced Discovery by you or which Advanced Discovery otherwise obtains from you in connection with Advanced Discovery’s provision of the Website or the Services, which identifies or can be used to identify you or an individual, such as, names, addresses, phone numbers or other unique or persistent identifiers, and/or which can be used to authenticate an individual, such as, social security numbers, driver’s license number, passwords, financial account numbers, credit card numbers, credit report information, health and medical information, biometric identifiers, and/or any other data or information that may be subject to applicable Data Security Laws.
As used herein, “Process” means to take any action or perform any operation or set of operations on any data, information or other content, including to collect, receive, input, upload, download, record, reproduce, store, organize, compile, combine, log, catalog, cross-reference, manage, maintain, copy, adapt, alter, translate or make other derivative works or improvements, process, retrieve, output, consult, use, perform, display, disseminate, transmit, submit, post, transfer, disclose or otherwise provide or make available, or block, erase or destroy. “Processing” and “Processed” have correlative meanings.
As used herein, “Services” shall mean any services accessible or provided through the Website including, but not limited to, the provision of the Website itself, any customer support services provided in connection with or through the Website, the ability of a user to submit and modify resumes, the ability of users to modify their profiles, and the ability of users to subscribe to customer newsletters. Notwithstanding the foregoing or anything else to the contrary in this Agreement, Services shall exclude any Purchased Services (as defined below) including, without limitation, any third-party services provided pursuant to services purchased by or through Advanced Discovery. The use and access of Purchased Services will be governed by terms and conditions agreed to in separate written agreements between you and Advanced Discovery.
LICENSE GRANT AND RESTRICTIONS
In consideration of your agreement to the terms and conditions in this Agreement and any additional agreements and/or terms and conditions provided on the Website or agreed to between you and Advanced Discovery, and subject to your compliance therewith, Advanced Discovery hereby grants to you a revocable, single-user, non-exclusive, non-transferable, non-sublicensable limited license to (i) access and make personal, non-commercial use of the Website and the Services; (ii) display, perform, and reproduce ten (10) copies of any Content appearing on the Website or available through the Services, and (iii) to temporarily store copies of the Website and Content thereon in RAM on your computer or mobile device(s) incidental to your accessing and viewing the foregoing, as well as temporarily store any files automatically cached by your Web browser for display enhancement purposes, all of the foregoing solely for your personal, non-commercial use.
Notwithstanding the foregoing or anything to the contrary in this Agreement, you understand and agree that (a) the above-referenced license is limited to one user at a time and is non-exclusive, non-sublicensable, non-assignable and non-transferable, wherein the term “user” refers to a single human individual; and (b) certain services (including certain third party services provided on behalf of Advanced Discovery) available on or via the Website are only made available to users upon purchase of services with Advanced Discovery (“Purchased Services”), and are not included in the aforementioned license grant. Purchased Services are subject to additional terms and conditions.
The license is revocable at any time without prior notice by Advanced Discovery in its absolute, sole discretion.
Notwithstanding the foregoing or anything else to the contrary in this Agreement, except (a) as expressly set forth in this Agreement; (b) as expressly agreed upon in writing by Advanced Discovery in a separate written instrument; or (c) to the extent the following restrictions are prohibited by applicable Law, you or anyone acting on your behalf or under your command or control or acting through computer or mobile device, may not:
Furthermore, you agree to use the Site, Services, and Content appearing thereon or available therefrom in a manner consistent with any and all applicable laws. You agree not to upload or transmit through the Site or any Services any computer viruses, Trojan horses, worms, harmful or malicious software or code, or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer and/or computer network. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site or the Services is strictly prohibited.
Your obligations under this Agreement are of a special and unique character for which we cannot be reasonably or adequately compensated in damages in the event you breach your obligations hereunder. Therefore, we shall, in addition to all other remedies which may be available, be entitled to injunctive and other equitable relief in the event of the breach or threatened breach of your obligations under this Agreement.
Reservation of Rights
You understand and agree that the Website, Services, and Content appearing thereon or available therefrom are provided to you via a limited license and all rights, title, and interest in and to the foregoing are owned by Advanced Discovery or its licensors. You do not acquire any rights, title, or interests including, but not limited to, intellectual property rights, in the Website, Services, or any such Content to the terms and conditions hereunder. Advanced Discovery or its licensors expressly reserve all of its and their rights, title and interest in and to the Website, the Services, and all such Content not otherwise expressly granted to you hereunder, including all intellectual property rights therein.
Proprietary Information Consent
If you wish to use material contained on the Website other than for your individual review and individual educational purposes, and the copyright ownership of such material is held by a third party, then you must secure the permission of such third party in order to use such material. If you are not a customer of Advanced Discovery and wish to download and use any information contained on this Website other than for your individual review and individual educational purposes or in connection with your customer relationship or potential customer relationship with Advanced Discovery, send a request with your proposed use to firstname.lastname@example.org that the webmaster may evaluate your proposed use of Advanced Discovery’s Site Content.
If the webmaster approves your request to use Advanced Discovery’s Site Content, you are granted permission to view, use, reproduce, copy and distribute documents within Advanced Discovery’s Site for the sole purposes specified in your request form. You agree to all terms below:
Advanced Discovery shall have the right to monitor use of this Site to determine compliance with these Terms of Advanced Discovery Site Content. The foregoing consent does not include permission to copy the design elements, look and feel or layout of Advanced Discovery’s Site. Subject to the further terms set forth above, you assume all risks concerning the suitability and accuracy of the information within Advanced Discovery’s Site which you propose to use, subject to Advanced Discovery’s consent.
Product and Services Information
All references on the Site to information, materials, products, and Services apply to information, materials, products, and Services available in the countries or jurisdictions specified with respect to such information, materials, products, and Services only, unless otherwise stated. You understand and agree that Services may, in whole or in part, be subcontracted by us to subcontractors.
Third Party Materials
The Website and/or Services may display, include or make available third-party Content (including data, information, applications, and other products services and/or materials) or provide links to third-party websites or third party services, including through third-party advertising (“Third Party Materials”). You acknowledge and agree that Advanced Discovery is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Advanced Discovery does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions. In addition, Third Party Materials that may be accessed from, displayed on or linked to or from your mobile device are not available in all languages or in all countries. We make no representation that such Third-Party Materials are appropriate or available for use in any particular location. To the extent you choose to access such Third-Party Materials, you do so at your own initiative and are responsible for compliance with any applicable Laws, including but not limited to applicable local laws.
Access to Website and Services
Advanced Discovery may change, modify, suspend or discontinue the Website, the Services or any Content appearing thereon or available therefrom, at any time, including the availability of any feature, database, or Content associated therewith. Moreover, Advanced Discovery may limit or restrict access to the Website and/or the Services at its sole discretion without notice or liability if (i) it reasonably believes a user has violated any terms or conditions set forth in this Agreement or other terms, conditions or agreements provided for on the Website or agreed to between you and Advanced Discovery, (ii) for maintenance purposes, (iii) or for any other reasonable reason.
All users are responsible for ensuring that their computers, modems, software, hardware, internet and telephone services and other products and services necessary to connect to and use and access the Website and/or the Services and/or any Content appearing thereon or available therefrom, are compatible with the same. Advanced Discovery is in no way responsible for a user’s inability to access or otherwise use the Website, Services, or such Content. Even though no other person should access or use the Website, Services or such Content via your internet connection or mobile device, to the extent any person so accesses or uses the Website, Services or such Content through your internet connection or mobile device, you agree to be solely and fully responsible and liable for such person’s actions and responsible for ensuring that all such persons are aware of the terms and conditions set forth in this Agreement and fully comply with same.
Advanced Discovery reserves the right to withdraw or amend the Website, the Services, or Content appearing thereon or available therefrom, in Advanced Discovery’s absolute, sole discretion and without notice. You agree that Advanced Discovery will not be liable if, for any reason, all or any part of the Website, the Services, or such Content is unavailable at any time or for any period. From time to time, Advanced Discovery may restrict access to all or some parts of the Website and/or the Services to users.
The Website and certain associated Services are available via mobile devices. When accessing the Website or such associated Services or any Content appearing thereon or available therefrom through a mobile device, you agree to be responsible for all of your wireless service carrier’s standard charges, data rates and other applicable fees. Not all of the Website, Content, or Services will work with all carriers or devices. You agree that your use of the Website, Content, and Services will comply with the usage rules established by your service provider and agree to be solely and fully liable to the extent your use of the Website, Content and/or the Services does not comply with such usage rules.
All Content available through the Website and/or the Services is the sole responsibility of the owner or provider of such Content. You understand that by using or accessing the Website or the Services, you may encounter Content that may be deemed offensive, indecent, or objectionable. Nevertheless, you agree to use and access the Website and the Services at your sole risk and that Advanced Discovery shall not have any liability to you for Content that may be found to be offensive, indecent, or objectionable. You must use the Site and the Services, and any Content appearing thereon or available therefrom in a manner consistent with any and all applicable Laws.
We make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any linked website or in connection with any Content posted on, transmitted through, and available through the Services and/or the Website. You understand and agree that you bear all risks associated with, the use and/or reliance upon any such Content, and/or the representations made therein, and under no circumstances will we be liable in any way for any such Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Website or the Services.
Termination and Effect of Termination
You may terminate this Agreement by ceasing all use of the Website and the Services and refraining from using the Website, Services, or any Content appearing thereon or available therefrom. We may terminate this Agreement at any time without notice or liability. In addition, this Agreement will terminate immediately and automatically, and all rights and licenses granted to you hereunder shall be automatically revoked, if you violate any of the terms and conditions of this Agreement.
All provisions of this Agreement, which by their terms or nature shall survive termination, shall so survive, including, but not limited to indemnity provisions, ownership provisions, warranty disclaimers, and the like. Termination will not limit any of Advanced Discovery’s rights or remedies at law or in equity.
REPRESENTATIONS; INDEMNIFICATION; DISCLAIMER; LIMITATION OF LIABILITY
Representations by User
You hereby represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
Indemnification by User
You hereby agree to indemnify, defend and hold harmless Advanced Discovery and Advanced Discovery’s subsidiaries, affiliates, successors, and assigns, and any or all of the foregoing’s respective employees, agents, representatives, licensors, officers, directors, executives, and/or members (each an “AD Party”) from and against any and all losses, damages, liabilities, judgments, costs, fees (including reasonable attorney’s costs and fees), rights, claims, and actions of any kind arising in connection with or under or resulting from or related to or incurred by Advanced Discovery or an AD Party arising from (a) your use of the Website, the Services, or any Content appearing thereon or available therefrom; and (b) any security breach caused by you or as a result of your negligence, knowing, or willful actions or omissions; and you agree to pay any and all settlements reached by Advanced Discovery or any AD Party in connection with any such claims and/or actions. You shall not enter into any settlement or other binding agreement on behalf of Advanced Discovery or any AD Party absent such party’s prior express, written consent.
To the fullest extent permitted per applicable Law, your use of and browsing of the Site, and your use of and access to the Services, and all Content associated with the foregoing are at your OWN risk.
TO THE FULLEST EXTENT PERMITTED PER APPLICABLE LAW, ADVANCED DISCOVERY AND EACH AD PARTY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THIS AGREEMENT, THE WEBSITE, THE SERVICES, THE CONTENT APPEARING THEREIN OR AVAILABLE THEREFROM, AND ANY THIRD PARTY MATERIALS INCLUDING, WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, ANY WARRANTIES THAT MAY ARISE OUT OF THE COURSE OF DEALING, THE COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE.
WITHOUT LIMITATION TO THE FOREGOING, TO THE FULLEST EXTENT PERMITTED PER APPLICABLE LAW, ADVANCED DISCOVERY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES OR WEBSITE (OR ANY CONTENT APPEARING THEREON OR AVAILABLE THEREFROM) WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
ALL INFORMATION, MATERIALS, AND/OR CONTENT MADE AVAILABLE THROUGH THE WEBSITE AND/OR THE SERVICES IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT PROVIDED FOR THE PURPOSE OF GIVING LEGAL, FINANCIAL, OR BUSINESS ADVICE. YOU SHOULD CONTACT APPROPRIATE LEGAL, FINANCIAL, AND OTHER PROFESSIONALS TO THE EXTENT YOU REQUIRE LEGAL, FINANCIAL, OR BUSINESS ADVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
The Site and/or the Services may contain links and/or advertisements to other websites that may not be maintained by or related to Advanced Discovery. An advertisement of, or link to, a non-Advanced Discovery website does not mean that we approve, endorse or accept any responsibility for that website, its content or use, or the use of products and services made available through such website. We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such websites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such websites.
Such websites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable Laws by Advanced Discovery. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other websites which you may access through this Site or the Services, the Content thereof, or the products and/or services made available through such websites. If you decide to access these other websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while you are on such websites.
Exclusion of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ADVANCED DISCOVERY OR ANY AD PARTY HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICES, THE THIRD PARTY MATERIALS, ANY WEBSITES LINKED TO THE FOREGOING AND/OR THE CONTENT APPEARING ON OR AVAILABLE FROM ANY OF THE FOREGOING, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, HOWEVER, THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR ADVANCED DISCOVERY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing Advanced Discovery to disclose the identity or other information of anyone posting any materials on or through the Website and/or the Services. YOU WAIVE AND HOLD HARMLESS ADVANCED DISCOVERY AND THE AD PARTIES, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING DURING OR AS A RESULT OF ITS OR THEIR INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY ANY SUCH ENTITY OR LAW ENFORCEMENT AUTHORITIES.
This Agreement gives you specific legal rights and you may also have other rights which vary from country to country. As noted above, some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in this Agreement may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in this Agreement shall apply to the fullest extent permitted by the Laws of such applicable jurisdictions.
Limitation of Time to File Claim
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE WEBSITE, SERVICES OR CONTENT APPEARING THEREON OR AVAILABLE THEREFROM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Advanced Discovery’s trademarks, service marks and logos are protected by federal and state law in the United States, and may not be copied, used, reproduced, redistributed or imitated without the permission of Advanced Discovery. Advanced Discovery’s trademarks and service marks include (but are not limited to) the following: GET ANSWERS NOW, ADVANCED DISCOVERY, ADVANCED DISCOVERY COMPLETE, ADVANCED VISIBILITY, INTELLIGENT VAULT, INTELLIGENT PROCESSING PLATFORM, INTELLIGENT MESSAGING NORMALIZATION, INTELLIGENT QC, and ADVANCED DISCOVERY COMPLETE. Other names and brands used on the Site or in connection with the Services are properties of their respective owners. These trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of the rights holder.
MODIFICATION AND DISCONTINUATION
We reserve the right to modify, edit, delete, suspend or discontinue, temporarily or permanently, the Site and/or the Services (or any portion thereof) and/or the information, materials, Content, products and/or services (including Services) available therefrom with or without notice. You agree that we, to the fullest extent permitted per applicable Law, shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Site, the Services, and/or any Content appearing thereon or available therefrom.
This Agreement, and the Terms and Conditions contained at https://reviewers.advanceddiscovery.com/, when applicable, contain the entire understanding between you and Advanced Discovery with respect to use of the Site, the Services and the Content, and no representation, statement, inducement oral or written, not contained herein shall bind any party to this agreement. If there is a conflict between the terms of this Agreement and the Terms and Conditions located at https://reviewers.advanceddiscovery.com/, this Agreement shall govern.
SEVERABILITY AND NON-WAIVER
Advanced Discovery’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision, and a waiver by us of any right under this Agreement on any occasion will not in any way constitute a waiver of such right or any other right on any other occasion. In the event any provision of this Agreement is determined to be invalid, such invalidity will not affect the validity of the remaining portions of this Agreement, and the parties will substitute for the invalid provision a provision which most closely approximates the intent and economic effect of the invalid provision. This Agreement will apply in lieu of and notwithstanding any specific legend or statement associated with any particular document or information exchanged.
LAW AND JURISDICTION
This Agreement is governed by and construed in accordance with the internal laws of the state of Delaware without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the state of Delaware. If the Dispute Resolution provisions hereunder are declared null and void in its entirety, then you and Advanced Discovery agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Delaware for the purpose of litigating any dispute.
DISPUTE RESOLUTION AND ARBITRATION
This Agreement provides that all disputes between you and Advanced Discovery will be resolved by binding Arbitration. You agree to give up your right to go to court to assert or defend your rights under this Agreement, except for matters that qualify and may be taken to small claims court. Any arbitration between you and Advanced Discovery will be settled under the U.S. Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (the “AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org or by calling the AAA at 1-800-788-7879, or by contacting Advanced Discovery.
To begin the arbitration process you must first send a written notice of the dispute to Advanced Discovery at the address located under the “Notice/Contacting Us” section. The notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (the “Demand”). The parties will make good faith efforts to resolve the claim directly, the amount of any settlement offer made by you or Advanced Discovery must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Advanced Discovery will pay the highest of the following: (A) the amount awarded by the arbitrator; if any; or (B) the last written settlement amount offered by Advanced Discovery in settlement of the dispute prior to the arbitrator’s award.
If you commence arbitration in accordance with this Agreement, Advanced Discovery will reimburse you for your payment of the filing fee, unless your claim is for more than ten thousand U.S. dollars (US $10,000), in which case the payment of any fees will be decided by the AAA Rules. The parties agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration both parties agree to waive any right to a jury trial. The parties also both agree that you or Advanced Discovery may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
If you have any questions regarding this Agreement or any other matter, you may contact us at:
Advanced Discovery Inc.
13915 N. Mopac Expy., Ste. 210
Austin, Texas 78728
CUSTOMER PRIVACY AND SECURITY POLICY
What Information do we Collect?
We collect several types of information from and about users of the Website including (a) Personal Data, including information or data by which you may be personally identified, such as your name, email address, home and/or business address, telephone number, user name, password, and (b) information that is about you but that does not specifically identify you, however, we may associate this type of information with your personal information, such as educational background, skills, interests, professional admissions and affiliations, (c) information concerning your internet connection, the equipment you use to access our Website, and your usage details thereof, (d) information you expressly provide to us in any uploaded files, such as a user resume. The provision of your Personal Data for the purposes listed herein is voluntary. However, in some circumstances, withholding your Personal Data will mean that you cannot take advantage of certain services.
How is Information Collected?
This information may be collected (a) from you directly when you provide it to us, such as when you fill out forms on the Website, contact us, or request information about further services; or (b) automatically as you navigate the Website. We may use analytics tools and other third party technologies, such as Google Analytics, to collect non-personal information in the form of various usage and user metrics when you use our Website. These tools and technologies collect and analyze certain types of information, including cookies, IP addresses, device and software identifiers, referring and exit URLs, onsite behavior and usage information, feature use metrics and statistics, usage and purchase history, MAC Address, mobile unique device ID, battery levels and device performance and other similar information. The third-party analytics company that collects information on our Website may combine the information collected with other information they have independently collected from other websites and/or other online or mobile products and services relating to your activities across their network of websites as well as online and/or mobile products and services. The third-party analytics company’s collection and use of information is governed by their own privacy policies.
We do not use these technologies to collect information about your online activities over time, across third-party websites or other online services (behavioral tracking). WE ASSUME NO RESPONSIBILITY OR LIABILITY FOR ANY TRACKING, DATA COLLECTION OR OTHER ACTS OF THIRD PARTIES.
The information we collect automatically may include Personal Data or data that is associated with your Personal Data. It helps us to improve our Website and enables us to recognize you when you return to the Website or access the Services.
With the use of third-party web analytics services on our Site, the analytics providers that administer these services use technologies such as cookies to help us analyze how visitors use our Site.
How Do We Use and Disclose Your Information?
We may use the Personal Data we obtain about you to:
We may also use the information in other ways for which we will provide specific notice at the time of collection.
Advanced Discovery may also collect certain information from users, such as Internet addresses. This information is logged to help diagnose technical problems and to administer our website in order to improve the quality of the services that we provide. We may track and analyze non-identifying and aggregate usage and volume statistical information from our website and provide such information to third parties.
We also may disclose data about you: (i) to third-party hosting providers, (ii) a third-party purchaser of all or substantially all of our assets or business as part of a sale, transaction or change in ownership, (iii) if we are required to do so by law or legal process, (iv) to law enforcement authorities or other government officials, or (v) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual fraudulent or illegal activity.
What are Your Options Concerning Disclosure and Use of Information?
You may have certain rights under applicable law regarding the personal information we maintain about you. To have your personal information removed from our databases, or to amend or modify your personal information, please contact email@example.com.Your browser may tell you how to be notified and opt out of receiving certain types of cookies, including analytics and advertising cookies.
CHILDREN UNDER 13
Our Website and Services are not intended for anyone under eighteen (18) years of age. No one under the age of eighteen (18) may provide any Personal Data to, on, or via the Website or Services, and should not use or access the Website or Services. We do not knowingly collect Personal Data from anyone under the age of thirteen (13) and, if you are under 13, you should not use or access the Website or Services or provide us with Personal Data. If we learn we have collected or received Personal Data from a child under thirteen (13) years of age without verification or parental consent, if applicable, we will delete that information. If you believe we may have acquired Personal Data from or about a child under the age of thirteen (13), please contact us at firstname.lastname@example.org.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Data, we cannot guarantee the security of any Personal Data transmitted to our Website or through any Services. Any transmission of Personal Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website. Please contact us if you believe your user name and password have been compromised. We also take measures to destroy or permanently de-identify personal data when there is no longer a business need to keep the information.
California Civil Code Section § 1798.83, also known as the “Shine The Light” law, permits users of our Website who are California residents to request and obtain from us once a year, free of charge, certain information regarding our disclosure of personal information to third parties for their direct marketing purposes in the preceding calendar year. If you are a California resident and would like to make such a request, please contact us as set forth below.
Advanced Discovery Inc.
13915 N. Mopac Expy., Ste. 210
Austin, Texas 78728
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from the jurisdiction in which you initially provided the information.
If you have any questions concerning this Agreement or our privacy practices, contact us at:
Advanced Discovery Inc.
13915 N. Mopac Expy., Ste. 210
Austin, Texas 78728