User Agreement Last revised on September 11, 2011
NOTE: YOU ARE CONCLUDING A LEGALLY BINDING AGREEMENT.
The mission of ESL HitchHiker is to connect the world’s ESL Teachers and Schools to enable them to be more productive and successful. To achieve our Mission, we make services available through our website, mobile applications, and developer platform, to help you, your connections, and millions of other professionals meet, exchange ideas, learn, make deals, find opportunities or employees, work, and make decisions in a network of trusted relationships and groups.
B. Scope and Intent.
2. YOUR OBLIGATIONS.
A. Applicable laws and this Agreement You must comply with all applicable laws, the Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained in the following sections:
B. License and warranty for your submissions to ESL HitchHiker.
You own the information you provide ESL HitchHiker under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant ESL HitchHiker a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to ESL HitchHiker, including, but not limited to, any user generated content, ideas, concepts, techniques or data to the services, you submit to ESL HitchHiker, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss as noted in Sections 2 and 3 of this Agreement. By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your ESL HitchHiker profile information accurate and updated.
C. Service Eligibility.
To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (1) are 18 years of age or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having a ESL HitchHiker account, (3) are not a competitor of ESL HitchHiker or are not using the Services for reasons that are in competition with ESL HitchHiker; (4) will only maintain one ESL HitchHiker account at any given time; (5) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (6) will not violate any rights of ESL HitchHiker, including intellectual property rights such as copyright or trademark rights; and (7) agree to provide at your cost all equipment, software, and internet access necessary to use the Services.
D. Sign-In Credentials.
You agree to: (1) Keep your password secure and confidential; (2) not permit others to use your account; (3) refrain from using other Users’ accounts; (4) refrain from selling, trading, or otherwise transferring your ESL HitchHiker account to another party; and (5) refrain from charging anyone for access to any portion of ESL HitchHiker, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own.
You indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through ESL HitchHiker.
If you purchase any services that we offer for a fee, either on a one-time or subscription basis (“Premium Services”), you agree to ESL HitchHiker storing your payment card information. You also agree to pay the applicable fees for the Premium Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. You may cancel your Premium Services any time you wish. ESL HitchHiker reserves the right to grant or not grant refunds. You also acknowledge that ESL HitchHiker’s Premium Services are subject to this Agreement and any additional terms related to the provision of the Premium Service.
G. Notify us of acts contrary to the Agreement.
If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
H. Notifications and Service Messages.
For purposes of service messages and notices about the Services to you, ESL HitchHiker may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from ESL HitchHiker to an email address associated with your account, even if we have other contact information. You also agree that ESL HitchHiker may communicate with you through your ESL HitchHiker account or through other means including email, mobile number, telephone, or delivery services including the postal service about your ESL HitchHiker account or services associated with ESL HitchHiker. Please review your Settings to control what kind of messages you receive from ESL HitchHiker. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.
I. ESL HitchHiker Applications.
ESL HitchHiker may offer the Services through applications built using ESL HitchHiker’s platform (“ESL HitchHiker Applications”). Examples of ESL HitchHiker Applications include its smart phone applications (ESL HitchHiker for Blackberry or ESL HitchHiker for iPhone), and ESL HitchHiker’s “Share” buttons and other interactive plugins distributed on websites across the web. ESL HitchHiker Applications are distinct from third party Platform Applications addressed in Section 4.B. If you use a ESL HitchHiker Application or interact with a website that has deployed a plugin, you agree that information about you and your use of the Services, including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location, and/or web pages containing ESL HitchHiker plugins that load in your browser may be communicated to us. Further, by importing any of your ESL HitchHiker data through the ESL HitchHiker Application, you represent that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your ESL HitchHiker account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing ESL HitchHiker through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available and the terms for these services for your specific mobile devices. Finally, by using any downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.
J. User-to-User Communication and Sharing (ESL HitchHiker Groups, Answers, Updates, Company Pages, etc.).
ESL HitchHiker offers various forums such as ESL HitchHiker Discussions, Groups, Answers, and Network Updates, where you can post your observations and comments on designated topics. ESL HitchHiker also enables sharing of information by allowing users to post updates, including links to news articles and other information such as job opportunities, product recommendations, and other content to their profile and other parts of the site, such as ESL HitchHiker Groups and ESL HitchHiker School/Company Pages. ESL HitchHiker members can create ESL HitchHiker Groups and Company Pages for free, however, ESL HitchHiker may close or transfer ESL HitchHiker Groups or Company Pages, or remove content from them if the content violates this Agreement or others’ intellectual property rights. Please note that ideas you post and information you share may be seen and used by other Users, and ESL HitchHiker cannot guarantee that other Users will not use the ideas and information that you share on ESL HitchHiker. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to any ESL HitchHiker Group, into your Network Updates, or elsewhere on ESL HitchHiker. ESL HITCHHIKER IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY ESL HITCHHIKER COMMUNITY FORUMS SUCH AS THE ESL HITCHHIKER BLOG, GROUPS OR ANSWERS.
L. Export Control.
Your use of ESL HitchHiker services, including our software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department's Office of Foreign Assets Control. You shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.
M. Contributions to ESL HitchHiker
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to ESL HitchHiker through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) ESL HitchHiker is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) ESL HitchHiker shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) ESL HitchHiker may have something similar to the Contributions already under consideration or in development; (e) you irrevocably assign to ESL HitchHiker all rights to your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from ESL HitchHiker under any circumstances.
3. YOUR RIGHTS.
On the condition that you comply with all your obligations under this Agreement, including, but not limited to, the Do’s and Don’ts listed in Section 10, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access the Services, through a generally available web browser, mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of ESL HitchHiker or its Users), view information and use the Services that we provide on ESL HitchHiker webpages and in accordance with this Agreement. Any other use of ESL HitchHiker contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or to use information gathered from ESL HitchHiker commercially unless expressly authorized by ESL HitchHiker) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in ESL HitchHiker and all related items, including any and all copies made of the ESL HitchHiker website.
4. OUR RIGHTS AND OBLIGATIONS.
A. Services Availability.
For as long as ESL HitchHiker continues to offer the Services, ESL HitchHiker shall provide and seek to update, improve and expand the Services. As a result, we allow you to access ESL HitchHiker as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue ESL HitchHIker, partially or entirely, or change and modify prices for all or part of the Services for you or for all our users in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. ESL HitchHiker further reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by ESL HitchHiker to be contrary to this Agreement. For avoidance of doubt, ESL HitchHiker has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services.
B. Third Party Sites and Developers.
C. Disclosure of User Information.
D. Connections and Interactions with other Users.
You are solely responsible for your interactions with other Users. ESL HitchHiker may limit the number of connections you may have to other Users and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. ESL HitchHiker reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if ESL HitchHiker determines, in our sole discretion, that doing so is necessary to enforce this Agreement.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. DO NOT RELY ON ESL HITCHHIKER, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR ESL HITCHHIKER AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. ESL HITCHHIKER DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY ESL HITCHHIKER OR ANYTHING RELATED TO ESL HITCHHIKER, YOU MAY CLOSE YOUR ESL HITCHHIKER ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 7 (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. ESL HITCHHIKER IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS MAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH ESL HITCHHIKER TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. ESL HITCHHIKER DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, ESL HITCHHIKER DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION. ESL HITCHHIKER DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. ESL HITCHHIKER DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, ESL HITCHHIKER DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE ESL HITCHHIKER SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
6. LIMITATION OF LIABILITY.
SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. Neither ESL HitchHiker nor any of our subsidiaries, affiliated companies, employees, shareholders, or directors (“ESL HitchHIker Affiliates”) shall be cumulatively liable for (a) any damages in excess of five times the most recent monthly fee that you paid for a Premium Service, if any, or US $100, whichever amount is greater, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any platform applications or any of the content or other materials on, accessed through or downloaded from ESL HitchHiker. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall:
A. Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and
B. Not apply to any damage that ESL HitchHiker may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed from in this Agreement.
C. Not apply if you have entered into a separate agreement to purchase Premium Services with a separate Limitation of Liability provision that supersedes this section in relation to those Premium Services.
A. Mutual rights of termination.
You may terminate this Agreement, for any or no reason, at any time, with notice to ESL HitchHiker pursuant to Section 9.C. This notice will be effective upon ESL HitchHiker processing your notice. ESL HitchHiker may terminate the Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only ESL HitchHiker or the party paying for the services may terminate your access to any Premium Services. Termination of your ESL HitchHiker account includes disabling your access to ESL HitchHiker and may also bar you from any future use of ESL HitchHiker.
B. Misuse of the Services.
ESL HitchHiker may restrict, suspend or terminate the account of any User who abuses or misuses the Services. Misuse of the Services includes inviting other Users with whom you do not know to connect; abusing the ESL HitchHiker messaging services; creating multiple or false profiles; using the Services commercially without ESL HitchHiker’s authorization, infringing any intellectual property rights, violating any of the Do’s and Don’ts listed in Section 10, or any other behavior that ESL HitchHiker, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, ESL HitchHiker has adopted a policy of terminating accounts of Users who, in ESL HitchHiker’s sole discretion, are deemed to be repeat infringers under the United States Copyright Act.
C. Effect of Termination.
Upon the termination of your ESL HitchHiker account, you lose access to the Services. The terms of this Agreement shall survive any termination, except Sections 3 (“Your Rights”) and 4.a-b, and d (“Our Rights and Obligations”) hereof.
8. DISPUTE RESOLUTION
A. Law and Forum for Legal Disputes
This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement shall be governed by the laws of the state of California regardless of your country of origin or where you access ESL HitchHiker, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and ESL HitchHiker agree that all claims arising out of or related to this Agreement must be resolved exclusively by a state or federal court located in Santa Clara County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and ESL HitchHiker agree to submit to the personal jurisdiction of the courts located within Santa Clara County, California for the purpose of litigating all such claims. Notwithstanding the above, you agree that ESL HitchHiker shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
B. Arbitration Option.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such 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, the specific manner shall be chosen 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 shall be final and may be entered in any court of competent jurisdiction.
9. GENERAL TERMS.
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
C. Notices and Service of Process.
In addition to Section 2.h. (“Notices and Service Messages”), we may notify you via postings on www.eslhitchhiker.com. You may contact us via the contact us page. Any notices that you provide without compliance with this section on Notices shall have no legal effect.
D. Entire Agreement.
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other ESL HitchHiker services, third-party content or third party software.
E. Amendments to this Agreement.
F. No informal waivers, agreements or representations.
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any ESL HitchHiker Affiliate shall be deemed legally binding on any ESL HitchHiker Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of ESL HitchHiker.
G. No Injunctive Relief.
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
Entities other than ESL HitchHiker, that ESL HitchHiker Corporation owns a 50% or greater interest in (“Affiliate”) are not parties, but intended third party beneficiaries of this Agreement, with a right to enforce the Agreement directly against you.
I. Assignment and Delegation.
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, ESL HitchHiker for any third party that assumes our rights and obligations under this Agreement.
J. Potential Other Rights and Obligations.
You may have rights or obligations under local law other than those enumerated here if you are located outside the United States.
10. ESL HITCHHIKER USER “DOS” and “DON’TS.”
As a condition to access ESL HitchHiker, you agree to this User Agreement and to strictly observe the following DOs and DON’Ts:
A. Do undertake the following:
1. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
2. Provide accurate information to us and update it as necessary;
4. Review and comply with notices sent by ESL HitchHiker concerning the Services; and
5. Use the Services in a professional manner.
B. Don’t undertake the following:
1. Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content to ESL HitchHiker;
2. Publish inaccurate information in the designated fields on the profile form (e.g., do not include a link or an email address in the name field). Please also protect sensitive personal information such as your email address, phone number, street address, or other information that is confidential in nature;
3. Create a user profile for anyone other than a natural person;
4. Harass, abuse or harm another person, including sending unwelcomed communications to others using ESL HitchHiker;
5. Invite people you do not know to join your network;
6. Upload a profile image that is not your likeness or a head-shot photo;
7. Use or attempt to use another's account without authorization from the Company, or create a false identity on ESL HitchHiker;
8. Upload, post, email, InMail, transmit or otherwise make available or initiate any content that:
a. Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;
b. Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
c. Adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by ESL HitchHiker);
d. Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
e. Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
f. Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to (a) using ESL HitchHiker invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; (b) using ESL HitchHiker to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases;
g. Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of ESL HitchHiker or any User of ESL HitchHiker;
h. Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; and/or
9. Participate, directly or indirectly, in the setting up or development of a network that seeks to implement practices that are similar to sales by network or the recruitment of independent home salespeople to the purposes of creating a pyramid scheme or other similar practices.
10. Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on ESL HitchHiker (excluding content posted by you) except as permitted in this Agreement, ESL HitchHiker’s developer terms and policies, or as expressly authorized by ESL HitchHiker;
11. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof
12. Utilize or copy information, content or any data you view on and/or obtain from ESL HitchHiker to provide any service that is competitive, in ESL HitchHiker’s sole discretion, with ESL HitchHiker;
13. Imply or state, directly or indirectly, that you are affiliated with or endorsed by ESL HitchHiker unless you have entered into a written agreement with ESL HitchHiker (this includes, but is not limited to, representing yourself as an accredited ESL HitchHiker trainer if you have not been certified by ESL HitchHiker as such);
14. Adapt, modify or create derivative works based on ESL HitchHiker or technology underlying the Services, or other Users’ content, in whole or part, except as permitted under ESL HitchHiker’s developer program;
15. Rent, lease, loan, trade, sell/re-sell access to ESL HitchHiker or any information therein, or the equivalent, in whole or part;
16. Sell, sponsor, or otherwise monetize a ESL HitchHiker Group or any other service or functionality of ESL HitchHiker, without the express written permission of ESL HitchHiker.
17. Deep-link to the Site for any purpose, (i.e. including a link to a ESL HitchHiker web page other than ESL HitchHiker’s home page) unless expressly authorized in writing by ESL HitchHiker or for the purpose of promoting your profile or a Group on ESL HitchHiker as set forth in the Brand Guidelines;
18. Remove any copyright, trademark or other proprietary rights notices contained in or on ESL HitchHiker, including those of both ESL HitchHiker and any of its licensors;
19. Remove, cover or otherwise obscure any form of advertisement included on ESL HitchHiker;
20. Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from ESL HitchHiker except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
21. Share information of non-Users without their express consent;
22. Infringe or use ESL HitchHiker’s brand, logos and/or trademarks, including, without limitation, using the word “ESL HitchHiker” in any business name, email, or URL or including ESL HitchHiker’s trademarks and logos except as provided in the Brand Guidelines or as expressly permitted by ESL HitchHiker;
23. Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site;
24. Use bots or other automated methods to access ESL HitchHiker, add or download contacts, send or redirect messages, or perform other activities through ESL HitchHiker, unless explicitly permitted by ESL HitchHiker;
25. Access, via automated or manual means or processes, ESL HitchHiker for purposes of monitoring ESL HitchHiker’s availability, performance or functionality for any competitive purpose;
26. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of ESL HitchHiker’s website;
27. Attempt to or actually access ESL HitchHiker by any means other than through the interfaces provided by ESL HitchHiker such as its mobile application or by navigating to http://www.eslhitchhiker.com using a web browser. This prohibition includes accessing or attempting to access ESL HitchHiker using any third-party service, including software-as-a-service platforms that aggregate access to multiple services, including ESL HitchHiker;
28. Attempt to or actually override any security component included in or underlying ESL HitchHiker;
29. Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on ESL HitchHiker’s infrastructure, including, but not limited to, sending unsolicited communications to other Users or ESL HitchHiker personnel, attempting to gain unauthorized access to ESL HitchHiker, or transmitting or activating computer viruses through or on ESL HitchHiker;
30. Interfere with or disrupt or game ESL HitchHiker or the Services, including, but not limited to, any servers or networks connected to ESL HitchHiker, in particular ESL HitchHiker’s search algorithms.
11. COMPLAINTS REGARDING CONTENT POSTED ON THE ESL HITCHHIKER WEBSITE.
We built ESL HitchHiker to help you be a more successful professional, and to help professionals succeed. To achieving this purpose, we encourage our Users to share truthful and accurate information. We also respect the intellectual property rights of others. Accordingly, this Agreement requires that information posted by Users be accurate and not in violation of the intellectual property rights or other rights of third parties. To promote these objectives, ESL HitchHiker provides a process for submission of complaints concerning content posted by our Users. Our policy and procedures can be found here: ESL HitchHiker Copyright Policy. Claims regarding Copyright Infringement. Claims regarding content (other than copyright).