Reflexity, Inc., doing business as SmartHippo ("SmartHippo," "We," "Us") provides this web site and all site-related services, content and products (collectively, the "Site") subject to your compliance with the policies, terms and conditions set forth in this agreement (the "Terms of Use"). The terms "you" and "user" as used herein refer to all individuals and/or
entities accessing the Site for any reason.
SMARTHIPPO OFFERS THE SITE TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THESE TERMS OF USE. BY ACCESSING, BROWSING OR OTHERWISE USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR ANY
SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE.
SmartHippo may revise these Terms of Use at any time by updating this posting. Please visit this page periodically to review these Terms of Use as they are binding on you. Your continued use of the Site after the effective date of such changes constitutes your acceptance of and agreement to such changes.
Privacy Policy
For information regarding privacy, please review the Privacy Policy which also governs your visit to the SmartHippo Site. These Terms of Use include the SmartHippo Privacy Policy which is incorporated hereby into these Terms of Use by reference. By using the Site, you are indicating your agreement to the Privacy Policy.
Eligibility
You must be 18 years of age or older to visit or use the Site in any manner. By visiting the Site or accepting these Terms of Use, you represent and warrant to SmartHippo that you are 18 years of age or older, and that you have the right, authority and capacity to agree to and abide by these Terms of Use. You also represent and warrant to SmartHippo that you will use the Site in a manner consistent with any and all applicable laws and regulations.
License and Site Access
This Site is for your personal and noncommercial use only, unless otherwise set forth herein or otherwise agreed to in writing by SmartHippo. SmartHippo grants you a limited, non-exclusive, non-assignable and non-transferable license to use this Site for your personal and internal business purposes only, and solely on terms consistent with these Terms of Use, including, without limitation, the "Use of Compensation and Benefits Information Data" section below, and any incorporated agreements. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any data (as defined below), product listings or descriptions; (c) making derivative uses of the Site and its contents (including, without limitation, any Data, documents, job listings or information); or (d) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of SmartHippo or any third-party. Except as otherwise expressly provided, you may not modify, copy, distribute, transmit, display, perform, reproduce, use, publish, license, create derivative works from, transfer or sell any information or content contained in the Site as a whole, or any software, Data, products or services obtained from or available as part of or in conjunction with this Site. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of the Site or its content. You may not transfer to or store any data residing or exchanged over the Site in any electronic network for use by more than one user unless you obtain prior written permission from SmartHippo.
Any unauthorized use of or access to our Site or services is prohibited and will terminate any permission or license granted herein to use the Site, the Site's Data, content and services.
Copyright
All company logos are trademarks of their respective owners. All other content is licensed under a creative commons license. Such content may be shared or remixed, including for commercial purposes, provided the source is attributed and that the resulting work is licensed under the same, similar or compatible license. In order to meet the attricution requirement, you must include a prominent hyperlink to SmartHippo.com on every page where source data is used or displayed.
In addition to the provisions found in the "Disclaimer of Warranties" section below, SmartHippo (i) provides the Data "AS IS" and SmartHippo makes no warranty, expressed or implied, including, but not limited to warranties of merchantability and warranties of correctness and fitness for a particular purpose relating to the Data (ii) does not warrant the accuracy and completeness of this Data, and (iii) its data providers shall not be liable for any errors or inaccuracies in the Data, or for any actions taken in reliance thereon.
Member Conduct
We have the right, but not the obligation, to monitor any activity, information or content associated with the Site. We may investigate any reported violation of these Terms of Use or complaints and We may take any action that We deem appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of information or content. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect our systems and customers, or to ensure the integrity and operation of our business and systems, We may access and disclose any information We consider necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addresses and traffic information, usage history, and content. Our right to disclose any such information shall govern over any terms of our Privacy Policy.
While using the Site, you agree to:
Follow all local, state, national and international laws and regulations;
Take responsibility for all acts that occur under your account or password, including any content transmitted or broadcast from your account;
Maintain the confidentiality of your password and login identity;
Comply with all intellectual property and other proprietary rights laws, including but not limited to federal copyright and trademark laws, in the use of the Site and in making your personal profile;
Provide only accurate and appropriate personal information about yourself; and
Keep your personal information posted on the Site within the convention of good taste. If inappropriate material it is brought to our attention, we will revise or delete it the inappropriate information at our discretion and with no notice to you. We have the right to request edits or make edits to your personal information at our discretion.
While using the Site, you agree NOT to:
Use your access to the Site for any commercial redistribution purpose without prior written permission from Us;
Post your email address anywhere on the Site including your member profile or on any message posts. This protects your privacy and the potential misuse of your personal information by others for mischievous purposes;
Post your phone number or addresses;
Republish information found in the Site without first obtaining written permission from Us;
Post or forward any confidential correspondence from SmartHippo;
Remove any copyright, trademark, or other proprietary rights notices contained in the Site;
Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
Harvest or collect information about Site visitors or members without their express consent;
Transmit
Any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third-party's intellectual property or other rights. In the event you do, We have the right to release your identifying information to the police, our attorneys or the individual you mentioned in your posting so that they may take action against you;
Any trade secret of any third-party;
Any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by Us), or engage in spamming or flooding; or
Any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component.
SmartHippo reserves the right to modify, suspend or terminate access to the Site at any time without notice or refund if you are suspected of violating any of these Terms of Service. We also reserve the right, on occasion, to require you to change your login and password. Payment for joining SmartHippo is non-refundable.
Registration
Although certain areas of the Site do not require you to be a SmartHippo member and register, some areas and services do. When and if you register to become a member, you agree to
Provide true, accurate, current and complete information about yourself as prompted by our registration form (including your email address); and
To maintain and update your information (including your email address) to keep it true, accurate, current, and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, We reserve the right to terminate your use of the Site.
As part of the registration process, you will be asked to enter your email address and a password. You will be responsible for the confidentiality and use of your login information and agree not to transfer or resell your use of or access to the Site to any third-party. If you have reason to believe that your account with Us is no longer secure, you must promptly contact us. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR LOGIN INFORMATION AND ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. Please see SmartHippo's Privacy Policy for further details regarding your personal and account information.
User Content and Submissions
You are solely responsible for your account information, content, messages or other information ("User Content") that you submit, publish, post or display on or to the Site. By submitting or posting User Content to the Site, you automatically grant, and you represent and warrant that you have the right to grant, to SmartHippo an irrevocable, perpetual, royalty-free, non-exclusive, fully paid, sublicenseable (through multiple tiers) worldwide right (including any moral rights) and license to use, copy, perform, display, and distribute such User Content and to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses thereof.
All User Content or information submitted to the SmartHippo system directly via the Site or indirectly through a third-party affiliate website automatically becomes the sole property of SmartHippo. It is part of SmartHippo's business model to calculate and publish statistics on this data, in addition to reporting details about this data as long as it does not violate our Privacy Policy. Therefore SmartHippo reserves the right to use this information at its sole discretion. Users who have submitted personal information and later wish to have their personal information removed from SmartHippo's system may send a written request to SmartHippo's corporate office. Your submission of User Content to this Site signifies acceptance of these Terms of Use.
You hereby certify that you have no outstanding agreement or obligation that is in conflict with any of the provisions of this Agreement or that would preclude you from complying with these Terms of Use, including, without limitation, any restrictions or obligations relating to your User Content including any current job profile or salary/benefits information that you may disclose to SmartHippo.
You may not use, frame, or use framing techniques to enclose, any SmartHippo trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any Web page or form contained on a Web page) without SmartHippo's express written consent. Further, you may not use any metatags or any other "hidden text" utilizing a SmartHippo name, trademark, or product name without SmartHippo's express written consent.
Disclaimer of Warranties
THIS SITE IS PROVIDED "AS IS" "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SmartHippo DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT. SmartHippo DOES NOT WARRANT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE TO BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SmartHippo DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENT OR MATERIAL IN THIS SITE (INCLUDING, WITHOUT LIMITATION THE DATA) IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, OR OTHERWISE. THE DATA, INFORMATION, MATERIALS, SERVICES AND PRODUCTS INCLUDED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. SmartHippo MAY MAKE CHANGES OR IMPROVEMENTS TO THIS SITE AT ANY TIME. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL INTERNET ACCESS, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF SmartHippo OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE, OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that SmartHippo may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of liability of SmartHippo shall be the minimum permitted under such applicable law.
Limits on Liability and Refund
NEITHER SMARTHIPPO NOR ITS SUPPLIERS, ADVERTISERS, AFFILIATES, OR AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR CONTENT CONTAINED ON THE SITE, THE DATA, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, THE DATA, AND/OR CONTENT CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO SmartHippo FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE.
Indemnification
You agree to indemnify and hold SmartHippo, its directors, officers, employees, agents and representatives harmless from all claims, liabilities, damages, and expenses (including attorneys' fees and expenses) arising out of or relating to (either directly or indirectly) (a) your (or anyone using your account's) use of and access to the Site; (b) any alleged or actual breach of these Terms of Use; (c) any allegation that any materials that you submit to Us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third-party; (d) any claim that (or anyone using your account's) User Content caused damage to a third-party; and (e) your disclosure of information relating to your current or past employment including any salary, benefits, employer or other information disclosed by you.
Law
These Terms of Use and any dispute of any sort that might relate to or arise between you and SmartHippo or its affiliates shall be governed by the laws province of Quebec, without regard to principles of conflict of laws. This Site is operated by SmartHippo from the province of Quebec, Canada. SmartHippo makes no representation that materials in this Site are appropriate or available for use in other locations. If you access this Site from other locations, you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These Terms of Use shall be governed by internal Washington and relevant federal laws, and irrevocable consent is hereby granted by both parties to the exclusive jurisdiction and venue for any action or dispute in courts located in Montreal, Quebec, Canada. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph.
Remedies
Given the nature of these terms, you understand and agree that, in addition to money damages, SmartHippo will be entitled to equitable relief upon a breach of them by you.
Waiver
No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and SmartHippo's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
Survival of Provisions
If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
Entire Agreement; Assignment
These Terms of Use constitute the entire agreement between Us relating to the subject matter herein and supersedes and any all prior or contemporaneous written or oral Agreements between us. We may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the Site.
Contact Information
This Site is owned and operated by Reflexity, Inc. with corporate offices in Montreal, Quebec, Canada.
