User Agreement – 2/1/2018
Welcome, and thanks for using MyPACT.net! When you use our products and services, you're agreeing to our terms, so please take a few minutes to read over the User Agreement below. Note: You are entering into a legally binding agreement.
We provide a solution to track, store, and share your career accomplishments.
Our mission is to provide a modern way to track, store, and share your career accomplishments with other professionals if you choose.
2.1. Service Eligibility
Here are some promises you make to us in this Agreement:
You're eligible to enter into this Agreement and you are at least our “Minimum Age.”
To use the Services, you agree that: (1) you must be the “Minimum Age” (defined below) or older; (2) you will only have one MyPACT account (and/or one or account, if applicable), which must be in your real name; and (3) you are not already restricted by MyPACT from using the Services. “Minimum Age” means the minimum age you are allowed to enter into an agreement in the country you reside. If law requires that you must be older in order for MyPACT to lawfully provide the Services to you (including the collection, storage and use of your information) then the Minimum Age is such older age. The Services are not for use by anyone under the age of 13.
2.2. Your Membership
You'll keep your password a secret. You will not share an account with anyone else and will follow our rules and the law. As between you and others, your account belongs to you. You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account (e.g., connections, groups) and (4) follow the law and the Dos and Don'ts below. You are responsible for anything that happens through your account unless you close it or report misuse. Note that for Enhanced Services purchased by another party for you to use (e.g. Recruiter access bought by your employer), the party paying for the Enhanced Service controls such an account (which is different from your personal account) and may terminate your access to it.
You'll honor your payment obligations if you made a commitment to make a payment based on your user account, and you are okay with us storing your payment information. Also, there may be fees and taxes that are added to our prices. We don't guarantee refunds.
2.4. Notices and Service Messages
You're okay with us using our websites, mobile apps, and email to provide you with important notices. This Agreement applies to mobile applications as well. Also, you agree certain additional information can be shared with us. If the contact information you provide isn't up to date, you may miss out on these notices.
2.5. Messages and Sharing
When you share information, others can see, copy and use that information. We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice. However, we are not required to monitor your information and further disclaim any responsibility for the content you share or create. You agree that you are solely responsible for any and all legal and contractual compliance of the content that you share or create.
- Rights and Limits
3.1. Your License to MyPACT
You own all of the content, feedback, and personal information you provide to us, but you also grant us a nonexclusive license to it. You promise to only provide information and content that you have the right to share, and that your MyPACT profile will be truthful.
3.2. Service Availability
We may change or discontinue any of our Services. We can't promise to store or keep showing any information and content you've posted. We may change, suspend or end any Service, or change and modify prices prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.
3.3. Other Content, Sites and apps
When you see or use others' content and information posted on our Services, it's at your own risk. Third parties may offer their own products and services through MyPACT, and we aren't responsible for those third-party activities.
We have the right to limit how you connect and interact on our Services. We're providing you notice about our intellectual property rights. MyPACT reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Members. MyPACT reserves the right to restrict, suspend, or terminate your account if MyPACT believes that you may be in breach of this Agreement or law or are misusing the Services. MyPACT reserves all of its intellectual property rights in the Services. For example, MyPACT, MyPACT (stylized), the and “in” logos and other MyPACT trademarks, service marks, graphics, and logos used in connection with MyPACT are trademarks or registered trademarks of MyPACT. Other trademarks and logos used in connection with the Services may be the trademarks of their respective owners.
- Disclaimer, Limit of Liability and Indemnity
4.1. No Warranty
This is our disclaimer of legal liability for the quality, safety, or reliability of our Services. TO THE EXTENT ALLOWED UNDER LAW, MYPACT (AND THOSE THAT MYPACT WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
4.2. Exclusion of Liability
These are the limits of legal liability we may have to you. TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS MYPACT HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), MYPACT (AND THOSE THAT MYPACT WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RESULTING FROM, ARISING OUT OF, OR IN ANWAY RELATED TO THE SERVICES (BY WAY OF EXAMPLE BUT NOT BY LIMITATION, OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT). IN NO EVENT SHALL THE LIABILITY OF MYPACT (AND THOSE THAT MYPACT WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS. THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND MYPACT AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (BY WAY OF EXAMPLE BUT NOT BY LIMITATION, WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF MYPACT HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
- You will indemnify MyPACT from and against any and all liability (including the payment of litigation costs and attorney fees) or claims made against MyPACT by any third parties arising from a claim, of whatever nature, in any way related to the information you share or provide us or related to the representation of any information You publish to any third-party while utilizing our services, and any and all consequential and ancillary damages related thereto.
- Should any third party claim any information or content you shared infringes upon any patent, copyright, or trade secret rights of another, You shall (i) promptly give MyPACT written notice of any such claim; (ii) give MyPACT full authority to defend such claim and provide MyPACT with all the information and assistance MyPACT requests in connection with any defenses of such claim; and (iii) gives MyPACT sole control over the defense of such claim and all negotiations for the compromise or settlement thereof.
- You agree that you shall promptly notify MyPACT of any complaint(s) or fractions(s) or legal action(s), whether actual or threatened, that you become aware of as a result of your use of our services.
- MyPACT shall have no obligation to indemnify you nor otherwise be liable to you for any infringement or any copyright, patent or trade secret based on your use of the services. MyPACT shall have no obligation to cover any costs incurred by you without MyPACT’s prior written authorization. The provisions of this Section 4 state the exclusive liability of MyPACT, and the exclusive remedy for you with respect to any claim of patent, copyright, or trade secret infringement.
We can each end this Agreement anytime we want. MyPACT or You may terminate this Agreement at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination; our rights to use and disclose your feedback; members' and/or Visitors' rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination; sections 4, 6 and 7 of this Agreement; any amounts owed by either party prior to termination remain owed after termination. You can visit our Help Center to learn how to close your MyPACT account.
- Dispute Resolution
In the unlikely event we end up in a legal dispute, it will take place in Michigan courts, applying Michigan law. You agree that the laws of the State of Michigan, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement and/or the Services. We both agree that all of these claims can only be litigated in the federal or state courts of Kent County, Michigan, USA, and we each agree to personal jurisdiction in those courts.
- General Terms
Here are some important details about how to read the Agreement. If a court with authority over this Agreement finds any part of it not enforceable, you and us agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement. To the extent allowed by law, the English version of this Agreement is binding and other translations are for convenience only. This Agreement (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services. If we don't act to enforce a breach of this Agreement, that does not mean that MyPACT has waived its right to enforce this Agreement. You may not assign or transfer this Agreement (or your membership or use of Services) to anyone without our consent. However, you agree that MyPACT may assign this Agreement to its affiliates or a party that buys it without your consent. There are no third party beneficiaries to this Agreement. We reserve the right to change the terms of this Agreement and will provide you notice if we do and we agree that changes cannot be retroactive. If you don't agree to these changes, you must stop using the Services. You agree that the only way to provide us legal notice is at the addresses provided in Section 10.
- MyPACT “DOs” and “DON’Ts”
8.1. Dos. You agree that you will:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
- Provide accurate information to us and keep it updated;
- Use your real name on your profile;
- Use the Services in a professional manner.
8.2. Don'ts. You agree that you will not:
- Act dishonestly or unprofessionally, including by posting inappropriate, inaccurate, or objectionable content;
- Add content that is not intended for, or inaccurate for, a designated field (e.g. 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 MyPACT);
- Use an image that is not your likeness or a head-shot photo for your profile;
- Create a false identity on MyPACT;
- Misrepresent your current or previous positions and qualifications;
- Misrepresent your affiliations with a person or entity, past or present;
- Misrepresent your identity, including but not limited to the use of a pseudonym;
- Create a Member profile for anyone other than yourself (a real person);
- Invite people you do not know to join your network;
- Use or attempt to use another's account;
- Harass, abuse or harm another person;
- Send spam or other unwelcomed communications to others;
- Scrape or copy profiles and information of others through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);
- Act in an unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable manner;
- Disclose information that you do not have the right to disclose (such as confidential information of others (including your employer));
- Violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights;
- Violate the intellectual property or other rights of MyPACT, including, without limitation, using the word “MyPACT” or our logos in any business name, email, or URL;
- Use MyPACT invitations to send messages to people who don't know you or who are unlikely to recognize you as a known contact;
- Post any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation unauthorized by MyPACT;
- Send messages to distribution lists, newsgroup aliases, or group aliases;
- Post anything that contains software viruses, worms, or any other harmful code;
- Manipulate identifiers in order to disguise the origin of any message or post transmitted through the Services;
- Create profiles or provide content that promotes escort services or prostitution.
- Creating or operate a pyramid scheme, fraud or other similar practice;
- Copy or use the information, content or data of others available on the Services (except as expressly authorized);
- Copy or use the information, content or data on MyPACT in connection with a competitive service (as determined by MyPACT);
- Copy, modify or create derivative works of MyPACT, the Services or any related technology (except as expressly authorized by MyPACT);
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology, or any part thereof;
- Imply or state that you are affiliated with or endorsed by MyPACT without our express consent (e.g., representing yourself as an accredited MyPACT trainer);
- Rent, lease, loan, trade, sell/re-sell access to the Services or related any information or data;
- Sell, sponsor, or otherwise monetize a MyPACT Group or any other feature of the Services, without MyPACT's consent;
- Deep-link to our Services for any purpose other than to promote your profile or a Group on MyPACT, without MyPACT's consent;
- Remove any copyright, trademark or other proprietary rights notices contained in or on our Service;
- Remove, cover or obscure any advertisement included on the Services;
- Collect, use, copy, or transfer any information obtained from MyPACT without the consent of MyPACT;
- Share or disclose information of others without their express consent;
- Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Services or any related data or information;
- Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
- Monitor the Services' availability, performance or functionality for any competitive purpose;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
- Access the Services except through the interfaces expressly provided by MyPACT, such as its mobile applications;
- Override any security feature of the Services;
- Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
- Violates or, if you're a commercial user of, the Terms of Service.
- Violation of any of the above terms is a material breach of this Agreement.
- Complaints Regarding Content
We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. We provide a policy and process for complaints concerning content posted by our Members.
- How to Contact Us
If you want to send us notices or service of process, please contact us:
ONLINE at: firstname.lastname@example.org or by mail at:
Attn: Agreement Matters (Legal)
P.O. Box 140086
Grand Rapids, MI 49514 USA