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User Agreement (Terms & Conditions for Sharepract Services)
INTRODUCTION.
The mission of Sharepract is to connect companies worldwide and help small business to access resources, services and customized content to accelerate their entrepreneurial journey. Sharepract through its "Company Centric" social platform aims to establish durable and engaging relationship among its members. For this purpose, we offer a host of services and applications through our website. Developer platform, mobile and other applications get introduced in future to propagate this mission. Users of Sharepract platform are encouraged to develop connections, exchange resources, content, avail services, find partners, jobs, investors and make deals in a trusted network of companies and their professionals driven by an environment of trust and mutual respect.
You agree that by registering on Sharepract, or by using our website, including our future mobile applications, developer platform, premium services, or other information provided as part of the Sharepract services (or "Sharepract" or the term "Services"), you are entering into a legally binding agreement with Sharepract Inc., California, USA ("we," "us," "our," and "Sharepract") based on the terms of this Sharepract User Agreement and Sharepract Privacy Policy, which is hereby incorporated by reference (collectively referred to as the "Agreement") and become a Sharepract user ("User"). If you are using Sharepract on behalf of a company or other legal entity, you are nevertheless individually bound by this Agreement even if your company has a separate agreement with us. If you do not want to register an account and become a Sharepract User, do not conclude the Agreement, do NOT click "Sign UP" and do not access, view, download or otherwise use any Sharepract webpage, information, content or services. By clicking "Sign Up," you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions. By clicking "Sign Up," you also consent to use electronic signatures and acknowledge your click of the "Sign Up" button as one.Please note that the Sharepract User Agreement and Privacy Policy are also collectively referred to as Sharepract's "Terms of Service." As part of this Agreement, you also acknowledge that Sharepract is a Company Centric social platform and as "User" for the Company, you claim to be an approved representative of this company to take full responsibility on its behalf for all your actions (profiling, content sharing and consumption, use of features, tools and services like Smart Tools, Learning Kit, Mentoring, Services, Hot Deals, Journey and other offerings introduced over time).
Applicable laws and this Agreement: You must comply with all applicable laws, this Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained in the following sections (keep track to remain informed about amendments that get shared here):
DOs and DON'Ts; As a condition to access Sharepract, you agree to this User Agreement and strictly adhere to the following DOs and DON'Ts:
1. Do undertake the following:
2. Don't undertake the following:
3. License and warranty for your submissions to Sharepract
For as long as Sharepract continues to offer the Services, Sharepract shall provide and seek to update, improve and expand the Services. As a result, we allow you to access Sharepract 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 Sharepract, 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. Sharepract 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 Sharepract to be contrary to this Agreement. For avoidance of doubt, Sharepract has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services.
Sharepract may include links to third party web sites ("Third Party Sites") on areas to be specified. Sharepract may also enables third party developers ("Platform Developers") to create applications ("Platform Applications") that provide features and functionality using data and developer tools made available by Sharepract through its future developer platform. In such a case, you are responsible for evaluating whether you want to access or use a Third Party Site or Platform Application. You should review any applicable terms and/or privacy policy of a Third Party Site or Platform Application before using it or sharing any information with it, because you may give the operator permission to use your information in ways we would not. Sharepract is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites or Platform Applications. Sharepract also does not screen, audit, or endorse Platform Applications. Accordingly, if you decide to access Third Party Sites or use Platform Applications, you do so at your own risk and agree that your use of any Platform Application is on an "as-is" basis without any warranty as to the Platform Developer's actions, and that this Agreement does not apply to your use of any Third Party Site or Developer Application (whenever such possibilities arise). Under those circumstances, if you allow any Platform Application or Third Party Site to authenticate to or connect with your Sharepract account, that application or website can access information on Sharepract related to you and your links/connections.
You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of Sharepract, our Users or the public. Disclosures of User information to third parties other than those required to provide customer support, administer this agreement, or comply with legal requirements. Under those circumstances, if you allow any Platform Application or Third Party Site to authenticate to or connect with your Sharepract account, that application or website can access information on Sharepract related to you and your links/connections.
You are solely responsible for your interactions with other Users. Sharepract may limit the number of interactions/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 (if found necessary for community welfare or owing to complaints launched). Sharepract reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if Sharepract determines, in its sole discretion, that this is necessary to enforce the Agreement.
We are aware that 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 in such cases though users from these locations are expected to clearly understand its implications before using Sharepract services. All users are requested not to rely on Sharepract for any information therein, or its continuation. We provide Sharepract Platform and all information and services as a neutral entity as they are posted with no vetting unless we receive complaints. Sharepract does not control or vet user generated content for accuracy nor does it provide any express warranties or representations. If you are dissatisfied by Sharepract or anything related to Sharepract, you may close your Sharepract account and terminate this agreement and such termination shall be your sole and exclusive remedy. Sharepract is not responsible, and makes no representations or warranties for the delivery of any messages (such as inmails, posting of answers or transmission of any other user generated content) sent through Sharepract 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 Sharepract at any point of time. Sharepract does not have any obligation to verify the identity of the person subscribing to its services, nor does it have any obligation to monitor the use of its services by other users of the community: Therefore, Sharepract disclaims all liability for identity theft or any other misuse of your identity or information. If you receive malicious, offensive or harmful communication owing to possible hacking of Sharepract site or compromise of your account, get in touch with us immediately. Sharepract 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. Sharepract disclaims all liability for damages caused by any such interruption or errors in functioning. Furthermore, Sharepract disclaims all liability for any malfunctioning, impossibility of access, or poor use conditions of the Sharepract site due to inappropriate equipment, disturbances related to internet service providers, to the saturation of the internet network, and for any other reason.
Some countries do not allow the limitation or exclusion of liability in contracts with consumer and as a result the contents of the section my not hold in such cases but implications need to be clearly understood by users from these countries before using Sharepract site.
Neither Sharepract nor any of our subsidiaries, affiliated companies, employees, shareholders, or directors ("Sharepract Affiliates") shall be liable for any damages 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 Sharepract. 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:
You may terminate this Agreement, for any or no reason, at any time, with notice to Sharepract. This notice will be effective upon Sharepract processing your notice. Sharepract 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 Sharepract or the party paying for the services may terminate your access to any Premium Services. Termination of your Sharepract account includes disabling your access to Sharepract and may also bar you from any future use of Sharepract.
Sharepract 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 (without citing genuine reasons); abusing the Sharepract messaging services; creating multiple or false profiles; using the Services commercially without Sharepract's authorization, infringing any intellectual property rights, violating any of the Do's and Don'ts listed in the specified Sections, or any other behavior that Sharepract, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, Sharepract may terminate accounts of Users who, in Sharepract's sole discretion, are deemed to be repeat infringers under the United States Copyright Act.
Upon the termination of your Sharepract account, you lose access to the Services. The terms of this Agreement shall survive any termination, except Sections highlighting "Your Rights" and that dealing with "Sharepract Rights and Obligations".
For any claim (excluding claims for injunctive or other equitable relief), 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.
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.
Sharepract currently offers no translation of the English language version of this Agreement, the Privacy Policy, and/or any other documentation. You agree that it is your responsibility to translate the provision of this agreement in a language of your choice for the purpose of compliance. Notices and Service of Process. Can be initiated through email and processes to evolve with community expansion. Feedback welcome.
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 Sharepract services, third-party content or third party software.
We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.sharepract.com or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate this Agreement at any time per Termination policy cited here.
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 Sharepract Affiliate shall be deemed legally binding on any Sharepract Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Sharepract.
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.
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. 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 and ensure that your actions are in tune with this Agreement before using Sharepract Services and signing up with us.
As a condition to access Sharepract, you agree to this User Agreement and to strictly observe the following DOs and DON'Ts stipulated above.
We built Sharepract platform to help you in accelerating your company's entrepreneurial journey to emerge as a successful business, and to help professionals succeed. To achieve 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, Sharepract plans to come out with a process for submission of complaints for investigation with regard to content posted by our Users. In accordance with our User Agreement and these procedures, and regardless of whether Sharepract may be liable for any alleged violation of rights or inaccurate or unlawful content, Sharepract may remove or disable access to specified content appearing on the Sharepract website upon receipt of a verified notice asserting that the content infringes intellectual property rights, is inaccurate, or is otherwise unlawful. Meanwhile, any such complaints can be sent to admin@sharepract.com