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Effective: July 14, 2016.
1. Scope of Terms.
You may use the Service only if you have the legal capacity to form a binding contract with us, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
We , without prior notice, change the Services; stop providing the Services or features of the Services, to you or to users generally; or create usage limits for the Services.
Our Services are designed for your personal use only. You may not use our site to violate the law, another person’s privacy, or infringe on another person’s intellectual property rights or any other proprietary rights. Explicit or inflammatory content is prohibited and will be removed at our discretion.
Our websites are designed to be a place of knowledge. It is not a marketplace for goods or services, except as paid promotions using a promotion avatar. You may not use our website for any illegal transactions.
You must provide us accurate information, including your real name, when you create your account and membership on iAmSapien. You should not impersonate any user or person. You should not expose your personal information on Avatar or post it on any Articles. iAmSapien is not responsible for any information shared.
Please be positive and informative in all your posts.
You use our Services at your own risk. We make no warranties of non-infringement. You will indemnify and hold us harmless from any copyright infringement claims arising out of your use of our website. You may not copy or use any portions of our site except within the limits of fair use.
Any user found to be in violation of this policy may be removed immediately. We reserve the right to remove any user for any conduct which violates these Terms, or misuses our Services in any way.
This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions. iAmSapien makes no claim that the Service may be lawfully viewed or that Content may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
iAmSapien will use reasonable efforts to ensure that the Services are available twenty-four hours a day, seven days a week. However, there will be occasions when the Services will be interrupted for maintenance, upgrades and repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by iAmSapien to minimize such disruption where it is within iAmSapien’s reasonable control.
You agree that neither iAmSapien nor the third party services provider will be liable in any event to you or any other party for any suspension, modification, discontinuance or lack of availability of the Services, any Content.
iAmSapien retains the right to create limits on use and storage in its sole discretion at any time with or without notice.
You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Service or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.
5. User Content
"Content" means any information, text, graphics, links, or other materials uploaded, downloaded or appearing on the Service. You retain ownership of all Content you submit, post, display, or otherwise make available on the Service. Subject to the licensing grants and permissions outlined in the Section below.
6. Your License to iAmSapien
By submitting, posting or displaying Content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for other users of the Service to modify your Content, and for iAmSapien to make your Content available to others for the publication, distribution, syndication, or broadcast of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by iAmSapien or others may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Service.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
By uploading content to the site, you warrant, represent and agree that you have the right to grant iAmSapien the license described above. You also represent, warrant and agree that you have not and will not contribute any Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless the trade secret belongs to you or you have the owner's permission to disclose it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) creates an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity; (f) contains other people's private or personally identifiable information without their express authorization and permission, and/or (g) contains or links to a virus, Trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. iAmSapien reserves the right in its discretion to remove any Content from the Site, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law. At our discretion, any of your material on the site may be deleted, devalued, made inactive, or made inaccessible to you.
Your Content will be viewable by other users of the Service and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Service. Any use of or reliance on any Content or materials posted via the Service or obtained by you through the Service is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed via the Service. You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will iAmSapien be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available via the Service or broadcast elsewhere.
You are responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third party partners. You understand that your Content may be republished and if you do not have the right to submit Content for such use, it may subject you to liability. iAmSapien will not be responsible or liable for any use of your Content by iAmSapien in accordance with these Terms.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Service and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of iAmSapien, its users and the public.
7. Advertising Restrictions
Only business members may post content advertising products, services or events. Personal members are invited to comment or write articles regarding our business members and their articles, however, personal members risk being removed from the site and their posts deleted if we determine abuse of this privilege.
8. iAmSapien's Licenses to You
Subject to these Terms, iAmSapien gives you a worldwide, royalty-free, non-assignable and non-exclusive license to re-post any of the Content on iAmSapien anywhere on the rest of the web provided that you: (a) do not modify the Content; (b) attribute iAmSapien by name in readable text and with a human and machine-followable link (an HTML anchor tag) linking back to the page displaying the original source of the content on iAmSapien.com on every page that contains iAmSapien content; (c) upon request, either by iAmSapien or by a user who contributed to the Content, make a reasonable effort to update a particular piece of Content to the latest version on iAmSapien.com; and (d) upon request, either by iAmSapien or by a user who contributed to the Content, make a reasonable attempt to delete Content that has been deleted on iAmSapien.com.
You may only use the attribution required by this Section in the manner set out above. In exercising these rights, you may not implicitly or explicitly assert or imply any connection with, sponsorship or endorsement by iAmSapien, or any iAmSapien user of you or your use of the work, without the separate, express prior written permission of iAmSapien or the iAmSapien user.
If you operate a search engine or robot, or you republish a significant fraction of all iAmSapien Content (as we may determine in our reasonable discretion), you must additionally follow these rules:
You must use a descriptive user agent header.
You must follow robots.txt at all times.
You must make it clear how to contact you, either in your user agent string, or on your website if you have one.
Subject to these Terms, iAmSapien gives you a personal, worldwide, royalty-free, revocable, non-assignable and non-exclusive license to use the Service as it is provided to you by iAmSapien.
9. Other Rules
You should not do any of the following while accessing or using the Service: (i) use the Service for any unlawful purposes or for promotion of illegal activities; (ii) upload or post any Content (as defined above) in violation of the provisions contained in the "Your License to iAmSapien" section of these terms; (iii) use the Service for the purpose of spamming anyone; (iv) access or tamper with non-public areas of the Service, iAmSapien's computer systems, or the technical delivery systems of iAmSapien's providers; (v) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (vi) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by iAmSapien (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with iAmSapien (crawling the Service is permissible in accordance with these Terms, but scraping the Service without the prior consent of iAmSapien except as permitted by these Terms is expressly prohibited); (vii) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or (viii) interfere with or disrupt (or attempt to do so) the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service.
We may make available one or more APIs for interacting with the Service. Your use of any iAmSapien API is subject to these terms and the iAmSapien API Rules, which will be posted before we make these APIs available (as part of these Terms).
10. iAmSapien Certificates
Certificates of accomplishment may be issued by iAmSapien to members. iAmSapien provides no warranty of value with regard to such certificates. This service may be terminated at any time and without compensation.
11. Proprietary Rights
All rights, title, and interest in and to the Service (excluding Content provided by users) are and will remain the exclusive property of iAmSapien, WorldWisePeople, LLC, and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly provided herein, nothing in the Terms gives you a right to use the iAmSapien name or any of the iAmSapien trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
The Service may include advertisements, which may be targeted to the Content or information on the Service, queries made through the Service, or other information. The types and extent of advertising by iAmSapien on the Service are subject to change. In consideration for iAmSapien granting you access to and use of the Service, you agree that iAmSapien and its third party providers and partners may place such advertising on the Service or in connection with the display of Content or information from the Service whether submitted by you or others.
iAmSapien respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information in accordance with the Digital Millennium Copyright Act: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) 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 us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you 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 (vi) 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 copyright owner.
For notice of alleged copyright infringement or other legal notices regarding Content appearing on the Service, please see Contact Us at https://iAmSapien.com/contact-us.
Please note that in addition to being forwarded to the person who provided the allegedly illegal content, we may send a copy of your notice (with your personal information removed) to Lumen (lumendatabase.org) for publication and/or annotation. You can see an example of such a publication at https://www.lumendatabase.org/notices/45482. A link to your published notice will be displayed on iAmSapien in place of the removed content.
We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, iAmSapien will also terminate a user's account if the user is determined to be a repeat infringer.
14. Limitation of Liability.
Your access to and use of the Service or any Content is at your own risk. You understand and agree that the Service is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, iAmSapien AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any content thereon. iAmSapien will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service, or any Content. You also agree that iAmSapien has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from iAmSapien or through the Service, will create any warranty not expressly made herein.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES ARISING OUT OF YOUR USE OF OUR SITE. THIS INCLUDES ANY DAMAGES RESULTING FROM ANY INABILITY TO USE THIS SERVICE, STATEMENTS OR CONDUCT OF THIRD PARTIES, OR ANY OTHER MATTERS RELATING TO THIS SERVICE. WE ARE NOT LIABLE FOR ANY LOSSES OR DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THESE TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, iAmSapien AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS, AGENTS, CONSULTANTS, CONTRACTORS, VENDORS, SERVICE PROVIDERS (INCLUDING, WITHOUT LIMITATION, HOSTING AND TELECOMMUNICATIONS PROVIDERS), PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; (iv) YOUR FAILURE TO COMPLY WITH THESE TERMS; AND (v) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT iAmSapien HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE RESULTING FROM YOUR ACCESS TO OUR SERVICES; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR ANY PERSONAL INFORMATION; (4) ANY INTERRUPTION OR CESSATION OF OUR SERVICES; (5) ANY ERRORS OR OMISSIONS IN ANY CONTENT; AND (6) ANY USER CONTENT OF DEFAMATORY, OFFENSIVE OR ILLEGAL NATURE BY ANY THIRD PARTY. IN NO EVENT SHALL WE BE LIABLE FOR ANY CLAIMS OR DAMAGES EXCEEDING THE AMOUNT YOU PAID TO USE OUR SERVICES.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so some the limitations above may not apply to you.
If anyone brings a claim against us related to your actions or Content on the Service, or actions or Content by or from someone using your account, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
15. Open Source Licenses
The Service may contain or be provided together with open source software. Each item of open source software is subject to its own applicable license terms, which can be found at https:// iAmSapien.com/open_source_tos and/or in the iAmSapien application's documentation or the applicable help, notices, about or source files. Copyrights to the open source software are held by the respective copyright holders indicated therein.
16. Fees and payment
Some of the Services require payment of fees. All fees are stated in U.S. dollars. You shall pay all applicable fees, as described in the Services in connection with such Services selected by you, and any related taxes or additional charges. All fees are non-refundable unless expressly stated otherwise in the Service. You represent to iAmSapien that you are the authorized account holder or an authorized user of the chosen method of payment used to pay for the paid aspects of the Services. All fee-based Services and virtual goods are provided “AS IS” with no warranties of any kind. iAmSapien may modify and/or eliminate such fee-based Services at its discretion. You understand and agree that the payment for virtual goods grants you a limited license to use the virtual goods as specified in the Service.
iAmSapien may change its prices at any time but will provide you reasonable notice of any such changes by posting the new prices on the Service and by sending you notifications as determined by you. If you do not wish to pay the new prices, you may cancel the services prior to the change going into effect.
You can cancel your subscription at any time. If you opted in for an automatic renewal, please note that you must cancel your subscription before it renews for a subsequent year in order to avoid being charged for the next year's subscription fee. You can cancel your subscription by going to Settings, then Membership and uncheck Auto-renew.
17. General Terms.
Governing Law. These Terms and any action related thereto will be governed by the laws of the State of Washington without regard to or application of its conflict of law provisions or your state or country of residence. Unless submitted to arbitration as set forth in the following paragraph, all claims, legal proceedings or litigation arising in connection with the Service will be brought solely in Spokane County, Washington, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
Arbitration. For any claim (excluding claims for injunctive or other equitable relief) under these Terms where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Entire Agreement. These Terms are the entire and exclusive agreement between iAmSapien and you regarding the Service (excluding any services for which you have a separate agreement with iAmSapien that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between iAmSapien and you regarding the Service.
No Waiver. The failure of iAmSapien to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
Modifications and Revisions. We may revise these Terms from time to time. The most current version will always be posted and available on this page (or such other page as the Service may indicate). If the revision, in our sole discretion, is material we will notify you via posting to our website or e-mail to the email associated with your account. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms.
iAmSapien Beta Testing Program Terms and Conditions:
The terms and conditions below are of application to all those who sign up as beta testers of our iAmSapien Website. If you are going to participate in our beta testing program, please read the terms below carefully. If the meaning or intention of a clause in the contract is unclear, please get in touch with us for clarification. By participating in our program you are accepting the terms below.
iAmSapien BETA TESTING PROGRAM TERMS AND CONDITIONS
THIS AGREEMENT is made by and between iAmSapien (“we", "a World Wise People Company”), and You (“you”, “Licensee” or the “User”).
GENERAL TERMS AND CONDITIONS
iAmSapien has developed a Website including modifications, enhancements, improvements, updates, additions, derivative works, documentation, coding and related material.
iAmSapien desires that the Website be tested prior to general release.
Licensee wishes to serve as a Beta tester for such Website.
NOW, THEREFORE, in consideration of the mutual covenants and premises herein contained, the parties hereto agree as follows:
iAmSapien reserves the right to modify or terminate the Website or your access to the Website or the participation in our beta testers program for any reason, without notice, at any time, and without liability to you.
iAmSapien grants to Licensee a non-exclusive, non-transferable license to use the Website on a single computer at Licensee’s business location solely for Beta testing and Beta use, subject to the term and conditions below.
In consideration for getting access to iAmSapien Website for testing, Licensee agrees to serve as a “Beta Tester” for the Website and will notify iAmSapien of all problems and ideas for enhancements which come to Licensee’s attention during the period of this Agreement, and hereby assigns to iAmSapien all rights, title and interest to such enhancements and all property rights therein including without limitation all patent, copyright, trade secret, mask work, trademark, moral right or other intellectual property rights.
Licensee agrees that the Website is the sole property of iAmSapien and includes valuable trade secrets of iAmSapien.
Licensee agrees to treat Website as confidential and will not without the express written authorization of iAmSapien:
Demonstrate, copy, sell or market Services to any third party; or
Publish or otherwise disclose information relating to performance or quality of the Website to any third party; or
Modify, reuse, disassemble, recompile, reverse engineer or otherwise translate the Website or any portion thereof.
The Website is pre-release code and is not at the level of performance or compatibility of a final, generally available product offering. The Website may not operate correctly and may be substantially modified prior to first general release, or withdrawn causing loss of any input. Website is provided “AS IS” without warranty of any kind. The entire risk arising out of the use or performance of the Website remains with Licensee. In no event shall iAmSapien be liable for any damage whatsoever arising out of the use of or inability to use the Website.
The Licensee upon completion of the Beta test agrees to provide material, statistics, or information that is not deemed confidential to Licensee for use in press releases, customer testimonials, and as a reference in marketing and sales initiatives by iAmSapien. Licensee will provide a quote to iAmSapien that may be used in a press release.
This License Agreement shall be governed, construed and enforced in accordance with the laws of the Washington State. Any notice required by this Agreement shall be given by prepaid, first class, certified mail, return receipt requested to above address or such other address as may be given from time to time under the terms of this notice provision.
This Agreement constitutes the entire and only agreement between the parties for Website use and all other prior negotiations, representations, agreements, and understandings are superseded hereby. No agreements altering or supplementing the terms hereof may be made except by means of a written document signed by the duly authorized representatives of the parties.
Licensee shall comply with all applicable federal, state and local laws, regulations, and ordinances in connection with its activities pursuant to this Agreement.
Failure of iAmSapien to enforce a right under this Agreement shall not act as a waiver of that right or the ability to later assert that right relative to the particular situation involved.
If any provision of this Agreement shall be found by a court to be void, invalid or unenforceable, the same shall be reformed to comply with applicable law or stricken if not so conformable, so as not to affect the validity of this Agreement.
v.1.0 June 2016, Edited & customized by: iAmSapien, a World Wise People LLC Company, PO Box 48170, Spokane WA 99228