Welcome to http://www.Connekton.com. The http://www.Connekton.com website (the "Site") is comprised of various web pages operated by “ConnektOn Global LLC” ("ConnektOn") (“We”, “Us”, “Our”). Job Seekers and Freelancers are collectively referred as “Users”. Employers,Clients, Knowledge Partners (KPs) and “Users” are collectively referred as “Registered Users” (“You”, “Your”). http://www.Connekton.com is offered to You conditioned on Your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your (“Registered Users”) use of http://www.Connekton.com constitutes Your agreement to all such Terms. If for some reason You (“Registered Users”) do not want to be bound by these Terms, please do not try to access and/or use ConnektOn Website and/or Services.
ConnektOn reserves the right to change these Terms from time to time as it seems fit, and Your continued use of the Website and Services will signify Your acceptance of any adjustment to these Terms.
Your use of http://www.ConnektOn.com is subject to ConnektOn's Privacy Policy. Please review Our Privacy Policy, which also governs the Site and informs registered users of Our data collection practices.
Visiting http://www.Connekton.com or sending emails to ConnektOn constitutes electronic communications. You consent to receive electronic communications and You agree that all agreements, notices, disclosures and other communications that we provide to You electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If You use this site, You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password. You may not assign or otherwise transfer Your account to any other person or entity. You acknowledge that ConnektOn is not responsible for third party access to Your account that results from theft or misappropriation of Your account. ConnektOn and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
You hereby agree to submit only completely true and accurate information as required by our registration form. You are also required to update this information and to ensure its accuracy, truthfulness, and completeness. You represent and warrant to Us that any person or entity using ConnektOn website via Your Account is authorized and empowered to act on Your behalf. It is Your sole responsibility to keep Your contact information, such as Your e-mail address, current and accurate so that We can reach You and communicate with You electronically. Any communications We send to You addressed to the contact information on file will be deemed to have effectively provided such communication to You.
ConnektOn does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If You are under 18, You may use http://www.Connekton.com only with permission of a parent or guardian.
http://www.ConnektOn.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of ConnektOn and ConnektOn is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ConnektOn is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by ConnektOn of the site or any association with its operators.
Certain services made available via http://www.Connekton.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the http://www.Connekton.com domain, You hereby acknowledge and consent that ConnektOn may share such information and data with any third party with whom ConnektOn has a contractual relationship to provide the requested product, service or functionality on behalf of http://www.Connekton.com users and customers.
You are granted a non-exclusive, non-transferable, revocable license to access and use http://www.Connekton.com strictly in accordance with these terms of use. As a condition of Your use of the Site, You warrant to ConnektOn that You will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. Examples of Prohibited Use of Site include but are not limited to activities or content that are illegal, threatening, discriminatory, sexually explicit in nature, harassing, fraudulent billing by manipulating the hours, misrepresenting the experience or skills, misusing the feedback system for feedback building, sharing or selling accounts and overriding any security feature of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of ConnektOn or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, createderivative works, or in any way exploit any of the content, in whole or in part, found on the Site. ConnektOn content is not for resale. Your use of the Site does not entitle You to make any unauthorized use of any protected content, and in particular You will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for Your personal use, and will make no other use of the content without the express written permission of ConnektOn and the copyright owner. You agree that You do not acquire any ownership rights in any protected content. We do not grant You any licenses, express or implied, to the intellectual property of ConnektOn or our licensors except as expressly authorized by these Terms. We may, in Our sole discretion, terminate the access of Users who infringe on Our copyright rights or the rights of other Users.
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable You to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, You agree that when using a Communication Service, You will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless You own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that You know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
ConnektOn has no obligation to monitor the Communication Services. However, ConnektOn reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. ConnektOn reserves the right to terminate Your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
ConnektOn reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ConnektOn's sole discretion.
Always use caution when giving out any personally identifying information about Yourself or Your children in any Communication Service. ConnektOn does not control or endorse the content, messages or information found in any Communication Service and, therefore, ConnektOn specifically disclaims any liability with regard to the Communication Services and any actions resulting from Your participation in any Communication Service. Managers and hosts are not authorized ConnektOn spokespersons, and their views do not necessarily reflect those of ConnektOn.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if You upload the materials.
Please be advised that it is Your entire responsibility to ensure proper safeguarding and maintaining of Your Account’s confidentiality for both e-mail and password. You authorize ConnektOn to make any inquiries necessary directly or through third parties with an aim of validating Your identity and/or authenticating Your account information accuracy. These activities also include Your company. In order to conduct these authentication activities, We may ask You to provide additional information and/or documentation related to Your account usage or identity. ConnektOn may also ask that You take all necessary steps to confirm ownership of the following: Your e-mail address, wireless/cellular telephone number, and appropriate financial instruments. You hereby grant Us with the right to verify Your information through other sources or against third party databases. These processes are for our internal verification purposes only.
You understand and agree that no representation or warranty is made with respect to the functionality or availability of the Website and/or Services and that all or any portion(s) thereof may be unavailable to You for use either temporarily or permanently without notice. ConnektOn reserves the right in its sole discretion, without notice, to suspend Your access to parts of the Website or to change the content, presentation, performance, or functionality. We reserve the right to monitor, edit, and remove any content available on the Website, but do not have any obligation to do so.
ConnektOn does not claim ownership of the materials You provide to http://www.Connekton.com (including feedback and suggestions) or post, upload, input or submit to any ConnektOn Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting Your Submission You are granting ConnektOn, our affiliated companies and necessary sublicensees permission to use Your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Your Submission; and to publish Your name in connection with Your Submission.
No compensation will be paid with respect to the use of Your Submission, as provided herein. ConnektOn is under no obligation to post or use any Submission You may provide and may remove any Submission at any time in ConnektOn's sole discretion.
By posting, uploading, inputting, providing or submitting Your Submission You warrant and represent that You own or otherwise control all of the rights to Your Submission as described in this section including, without limitation, all the rights necessary for You to provide, post, upload, input or submit the Submissions.
You will be able to connect Your ConnektOn account to third party accounts. By connecting Your ConnektOn account to Your third party account, You acknowledge and agree that You are consenting to the continuous release of information about You to others (in accordance with Your privacy settings on those third party sites). If You do not want information about You to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by ConnektOn from our offices within the USA. If You access the Service from a location outside the USA, You are responsible for compliance with all local laws. You agree that You will not use the ConnektOn Content accessed through http://www.ConnektOn.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless ConnektOn, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of Your use of or inability to use the Site or services, any user postings made by You, Your violation of any terms of this Agreement or Your violation of any rights of a third party, or Your violation of any applicable laws, rules or regulations. ConnektOn reserves the right, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with ConnektOn in asserting any available defenses and fully reimburse ConnekOn for any fees or the costs incurred for the same.
Project Agreement (“Contract”): The engagement, contracting and management of a project are between an Employer and a User/Knowledge Partner (KP). Upon acceptance of a quote, the Employer agrees to purchase, and the User/KP agrees to deliver, the services and related deliverables in accordance with the following agreements: (a) the agreement between Employer and User/KP including the Project Proposal, Project Description, and other terms and conditions as communicated between Employer and User/KP on ConnektOn or otherwise, (b) these Terms of Service, and (c) any other content uploaded to ConnektOn by either party (collectively, the “Contract”). You agree not to enter into any contractual provisions in conflict with these Terms of Service. Any provision of a Contract in conflict with these Terms of Service is void. Employer is responsible for managing, inspecting, accepting and paying for satisfactory services and deliverables in accordance with the Contract in a timely manner. User/KP is responsible for the performance and quality of the services in accordance with the Contract in a timely manner. Employer and User/KP each covenants and agrees to act with good faith and fair dealing in performance of the Contract.
In the case of Fixed Price and Hourly Contracts, Employer shall be responsible for establishing the milestones warranting payment and shall ensure that the milestones are sufficiently clear to User/KP that there is no dispute regarding whether such milestones have been met, and therefore whether payment is required under the Contract. The fees generated by a User/KP via a Fixed Price or Hourly Contract are referred to as the “Invoice Charges”. The Invoice Charges minus ConnektOn’s service fees are referred to as the “User Fee(s)”.
Fixed Price Contracts - Once the Fixed Price Contract posted by the Employer is accepted by the User/KP, the Employer will place the Fixed Price Contract funds in his ConnektOn Wallet (“Fixed Contract Deposit”). When an Employer authorizes the payment of the Invoice amount, Employer automatically and irrevocably authorizes and instructs ConnektOn to charge Employer’s designated Payment Method for the Invoice amount or otherwise debit Employer’s Wallet in the amount of the Invoice amount. The Employer and User/KP will agree on the Milestones for the Contract and the funds that should be released after completion of each Milestone. When the Milestone for the Contract is complete, the User/KP will ask for the funds to be released after the Employer agrees with the work performed and once the Employer agrees, ConnektOn will release the funds for the Milestone from Employer’s ConnektOn Wallet. There shall be no Employer Review Period for Milestone Invoice. The Contract ends once all the agreed upon Milestones are complete and the funds are released.
Hourly Contracts -Once the Hourly Contract has been accepted, the Employer will fund a deposit equivalent to the hourly rate multiplied by the weekly hourly limit agreed to between Employer and User/KP (“Hourly Contract Deposit”). Employer and User/KP agree and authorize ConnektOn to hold the Hourly Contract Deposit. Once the Invoice Charges are invoiced by the User/ onKP a weekly basis (preferably Monday), the Employer will have three (3) business days to review the Invoice and to dispute any charges contained in the Hourly Invoice (“Employer Review Period”). Employer agrees to separately fund payments to User/KP on a weekly basis based on User’s/KP’s submission of weekly invoices (Weekly Funds). If Employer approves the submitted hours, ConnektOn will release the Weekly Funds to User/KP.
For Hourly Contracts, User/KP may utilize ConnektOn’s time tracking application, which will track the time spent by User/KP on any given Hourly Contract for a particular Employer.
Independence:: Employers and Users/KPs each acknowledge and agree that their relationship is that of independent contractors. The User shall perform services as an independent contractor and nothing in these Terms of Service shall be deemed to create a partnership, joint venture, agency, or employer-employee relationship between User/KP and Employer or between ConnektOn and any Employer or User/KP. You acknowledge, agree, and understand that ConnektOn does not, in any way, supervise, direct, control, or evaluate Users/KPs or their work and is not responsible for any Project, Project terms or Work Product.
General: ConnektOn is not a party to the dealing, contracting and fulfillment of any Projectbetween an Employer and a User/KP. ConnektOn has no control over and does not guarantee the quality, safety or legality of any services performed or deliverables created, advertised, the truthor accuracy of project listings, the qualifications, background, or abilities of Registered Users, the ability of Users to perform services, the ability of Employers to pay for services, or that an Employer or User/KP can or will actually complete a Project. ConnektOn is not responsible for and will not control the manner in which a User/KP operates and is not involved in the hiring, firing, discipline or working conditions of the User/KP. All rights and obligations for the purchase and sale of services or other deliverables are solely between an Employer and a User/KP.
Third Party Benificiary of Project Agreement:Employer and User/KP each acknowledges and agrees that the value, reputation, and goodwill of the Website depend on their performance of their covenants and agreements as set forth in their Project Agreement. Employer and Use therefore appoint ConnektOn as a third-party beneficiary of their Project Agreement for purposes of enforcing the obligations owed to, and the benefits conferred on, ConnektOn by these Terms of Service. Employers and Users/ KPs further agree that ConnektOn has the right to take such actions with respect to the Project Agreement or their Accounts, including without limitation, suspension, termination, or any other legal actions, as ConnektOn in its sole discretion deems necessary to protect the value, reputation, and goodwill of the Website.
Taxes: Registered Users (“You”) are responsible for payment and reporting of any taxes. ConnektOn is not obligated to determine the applicability of any taxes or to remit, collect or report any such applicable taxes. You agree that You will abide by any and all applicable state and government tax statutes, regulations and common law. In the event ConnektOn receives a notice of non-compliance with any such statute, regulation or common law, ConnektOn will deem such receipt a breach of this section and will suspend Your Account. In the event that ConnektOn is required to go through an audit, You hereby agree and acknowledge to promptly cooperate with Us. This means that You should provide all copies of Your tax returns and other relevant documents for the pur¬poses of this audit. Including Your records that show whether or not You are engaged in an independent business as represented to ConnektOn.
Job Match - ConnektOn may use Users/KPs application materials (including resumes and responses to screener questions) and the recency of their activity on ConnektOn to determine whether the words of their resume and answers to screener questions match the words of Your Job Listing or Resume query, and vice-versa. You further agree and consent that ConnektOn may differentiate those matching resumes and screener questions from those that do not match, and present them to You as matches or not matches. ConnektOn may also use such information in order to improve the Site or any other ConnektOn product or service (including by displaying or otherwise making available potentially relevant Job Listings and resumes to Users/KPs and Employers).
Screening Tools - ConnektOn may make available to Employers screening tools for Your use during the application process, including screener questions, phone screen tools and assessments. ConnektOn is licensing these tools to You for Your use as You determine. By using any screening product, made available to You by ConnektOn, You agree that You have made the determination to use these tools as part of Your application process, and the substantive questions You ask or choose are solely determined by You, and are not being asked by ConnektOn. You are the sole party to determine which answers will qualify a candidate. You are solely responsible for the use of the screening tool including any results which are considered to have a “disparate impact”. You further acknowledge that You are responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any other equivalent or similar law. You agree to indemnify ConnektOn for any and all claims arising out of Your use of a Screening Tool, including any claims that any screening tool does not comply with the Americans with Disabilities Act or similar or equivalent law, or that such Screening Tool results in a “disparate impact”.
ConnektOn cannot confirm the accuracy or completeness of any Job Listings or Job Ads or other information submitted by any Employer, including the identity of such Employer or other user. ConnektOn assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any Job Listings, Company Pages, screener questions and responses, and assessments.
By creating a public resume through the Site (“ConnektOn Resume”) or uploading a file resume on the Site, Users/KPs authorize ConnektOn to make available their Resume to third parties, such as Employers, that ConnektOn believes may have an interest in the Resume. If You do not want ConnektOn to make available Your Resume to third parties or if You do not want Employers to contact You, please do not apply for any Job Listings or Job Ads on ConnektOn.
By creating a ConnektOn Resume or uploading a file resume on ConnektOn, ConnektOn may share with You Job Listings or Ads that match the contents of Your Resume. ConnektOn may also highlight to You items in Your Resume that may match qualifications from the Job Listings or Ads, or highlight to You items that appear in the Job Listings or Ads and may be missing from Your Resume. These highlights do not mean You are or are not qualified for the job or that You should or should not apply for it. Applying for such Job Listings or Ads does not guarantee job interviews or hiring. Even where ConnektOn highlights items or a Job Listings or ad is shared with You, ConnektOn assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of Job Listings or Ads or highlights. By creating or uploading Your Resume, You are requesting and authorizing ConnektOn, or an ConnektOn vendor, to review or scan Your Resume and provide You feedback (in ConnektOn’s discretion), including suggested changes. ConnektOn assumes no responsibility and disclaims all liability for any changes You make based on any provided feedback. ConnektOn assumes no responsibility and disclaims all liability for the resume or application information You post, send or receive through the Site. By uploading a file resume on the Site, You agree that ConnektOn may convert Your file resume to a different file type. It is Your responsibility to review Your Resume to ensure that the content appears as You intend, and that it contains the right information or any information You intend to include or update. If You see any inaccuracy in any such material, it is Your responsibility to correct such information or to contact ConnektOn to do so. It may take a few days for updates to Your account or resume to be reflected. To mitigate fraud, ConnektOn may mask or hide Your contact information, for example, we may mask or hide Your email address and/or phone number, from Your Resume or application, and may substitute it with an alias. ConnektOn makes no promise to You about whether all or part of Your contact info will be masked or hidden, and the decision to mask or hide such info is in ConnektOn’s sole discretion.
ConnektOn may also automatically send You recommended jobs via the email address. ConnektOn may determine what these recommended jobs are on the basis of a variety of factors, including but not limited to, any information You input on the Site about Yourself (including in Your Resume), searches You run on the Site, jobs You click on, jobs You apply to, or the materials You provide in a job application to an Employer through ConnektOn.
Applying to Jobs Through ConnektOn Any resume or application information that You submit through the Site, including Personal Data included in a resume, application or responses to screener questions and assessments (“ConnektOn Apply”), is subject to this Agreement and to ConnektOn’s Privacy Policy. Prior to submitting an application, You acknowledge that You are responsible for reviewing and confirming that You are applying to Your desired Employer. Once You provide information to an Employer (whether in the form of a job application, resume, email, or otherwise), ConnektOn does not have control over the Employer’s use or disclosure of that information. If You want to request the Employer delete, modify, or maintain confidence over any such information, You must make such a request directly to the Employer. ConnektOn may use Your application materials to determine whether You may be interested in a Job Listing, and ConnektOn may reach out to You about such Job Listing. ConnektOn may store such information regardless of whether a Job Listing has been closed or is no longer available on the Site. To maintain the quality of the Site and Services, ConnektOn in its sole discretion may impose limits on Your ability to apply to Job Listings or to other ConnektOn services. In addition, when You indicate Your interest in a Job Listing through ConnektOn Apply or by RSVPing to a hiring event You are sending Your resume and application information to ConnektOn, and You are requesting and authorizing ConnektOn to make available such application information to the applicable Employer(s) for such Job Listing(s).
If You require alternative methods of screening or application You must approach the Employer directly to request such as ConnektOn is not responsible for the Employer application process. By using ConnektOn, You agree that ConnektOn is not responsible for the content of the Employer’s job application, messages, screener questions, skills assessments or their format or method of delivery, and that ConnektOn does not guarantee receipt of Your application by the Employer, or Your receipt of messages from the Employer. Please note that ConnektOn does not choose the questions asked by Employers or decide the job qualification criteria of Employers. Some questions may be labeled as Optional, indicating only that the application may be submitted to the Employer without providing an answer. ConnektOn cannot guarantee that the Employer will consider such an application or make a particular determination with regard to such an application. ConnektOn may inform Users/KPs that an Employer’s requirement from a job description does not appear to be present on a resume or application; this information is presented without warranty and ConnektOn does not guarantee that updating a resume or application will result in any job offer. ConnektOn does not guarantee the identity of an Employer or any individuals working for any Employers, and cautions Users/KPs when applying to jobs. ConnektOn cannot make any guarantee regarding health and safety measures in an Employer’s hiring or interviewing process. ConnektOn recommends Users/KPs follow personal health and safety best practices as recommended by the World Health Organization or similar institution. ConnektOn does not guarantee the validity of a job offer and cautions Users/KPs to verify the validity of a job offer 10 before taking an adverse action regarding their current employment situations. Users/KPs are solely responsible for verifying the accuracy of any Employer or job offer.
Advertisements (“Ads”) can be posted by “Clients” who would be charged based on the pricing model chosen for the advertisements. The Ads are visible on the Website based on the time duration specified in the pricing model. Posting of Ads is subject to all applicable ConnektOn terms and policies, including without limitation the Privacy Policy and the instructions provided on the Website. ConnektOn does not guarantee reach, performance, or placement of Ads, and distribution on ConnektOn or Other Websites. Performance of Ads may vary depending on various factors such as demand, and other considerations.
ConnektOn makes the following methods of payment available – ConnektOn Wallet, Credit cards, Debit cards, and Bank account transfer (“Payment Method(s)”). Registered Users hereby authorize ConnektOn and its Affiliates to process Payment Methods, to store information concerning Payment Methods to ensure the timely payment of Users/KPs pursuant to Contracts and for the Services, or to charge a User’s/KPs Payment Method for any purpose authorized under these Terms of service or to otherwise compensate ConnektOn for a User’s/KP’s failure to abide by these Terms of service.
If ConnektOn is unable to verify a Payment Method, Registered Users will not be permitted to utilize the Payment Method for the Services, for payment of Contracts, or for any other purpose of payment made available on or through ConnektOn.
By providing the Payment-related information through ConnektOn, covenants, warrants, and represents, that:
When You authorize a Payment Method via ConnektOn, You as a Registered User hereby covenant, warrant, and represent that there are sufficient funds available at Your disposal for You to complete the payment by using Your Payment Method. Please be advised that to the extent of an amount in question owed according to this Agreement, which Registered User’s Payment Method(s) cannot collect, it is Your sole responsibility to pay these amounts by other available means.
Currency: Any charges and/or fees within the Website are determined and calculated in U.S. Dollars. If a Registered User’s Payment Method is denominated in a currency other than U.S. Dollars and requires currency conversion to make or receive payments in U.S. Dollars, the charges for converting the foreign currency to U.S. Dollars will be applicable. These foreign currency conversion rates adjust regularly based on market conditions. The currency conversion rate is at 11 Registered User’s sole risk. ConnektOn is not responsible for currency fluctuations that occur in a currency other than U.S. Dollars.
Withholding of Invoice Amount If ConnektOn determines in its sole discretion that a User has violated these Terms, ConnektOn may withhold the disbursement of User Fees. ConnektOn may also withhold the disbursement of the User Fees if:
In cases we discover or suspect a violation, abuse or fraud of this Agreement, We reserve the right to revoke any of Your previous payments. In addition, You hereby accept and acknowledge that ConnektOn has the right to reclaim and/or withhold all Invoice amounts You are due either to Us or the User/KP. Furthermore, You agree and acknowledge that ConnektOn reserves the right to demand the appropriate reimbursement from You. Also, if ConnektOn determines or suspects a criminal or fraudulent activity related to Your payment, Contract or withdrawal, or if ConnektOn determines duplicate or erroneous transactions, including a situation where ConnektOn receives any chargeback from Your bank, credit card company, or any other Payment Method, You used on the Website, or as used by Your Employer/Client if You are a User/KP, the previous restrictions and actions are to be applied. You agree and acknowledge that We have the right to claim these reimbursements, including our right to charge Your Account and/or Your Payment Method, offsetting any amounts that You owe to Us, deducting amounts from Your withdrawal or payments, charging Your credit card, or obtaining reimbursement from You by any other lawfully acceptable way. Please be advised that Your failure to pay for reimbursements associated with Your chargebacks represents a cause for Your Account’s termination.
In a case You fail to pay the User/KP’s Fee, including any other amounts that are due according to these Terms, whether by cancelling Your debit or credit card, chargeback, or in any other way, we may suspend or close Your Employer/Client’s Account and revoke Employer/Client’s access to ConnektOn, including Employer/ Client’s ability to use ConnektOn to process any additional payments or obtain any additional User/KP services.
Employer/Client agree and acknowledge that ConnektOn will charge Employer/Client’s Payment Method for the amount of Invoice amount.
In consideration of the Website and Services provided by ConnektOn, Employer/Client agree that once ConnektOn charges Employer/Client’s Payment Method for the Invoice amount as regulated and determined in this Agreement, the charge is to be treated as non-refundable, with an exception that is set by Applicable Law. You also hereby agree and acknowledge that this Agreement 12 provides a dispute resolution process as a way for Employer/Client to resolve disputes. To the extent allowed by Applicable Law, Employer/Client hereby agrees not to exercise its chargeback right from any bank, credit card company or any other payment method provider against any Invoice amount or other Fees charged associated with this Agreement regardless of the reasons. A chargeback that breaches the above-mentioned obligation represents this Agreement’s material breach. If Employer/Client violates this Agreement by initiating a chargeback as regulated and described hereby, Employer/Client agrees that ConnektOn or User/KP may dispute or appeal the chargeback and institute collection action against Employer/Client.
In a case Employer/ Client (“You”) fails to pay the Users/ KPs fee, including any other amounts that are due according to these Terms, whether by cancelling Your debit or credit card, chargeback, or in any other way, we may suspend or close Your account and revoke access to the Website, including Client’s ability to use the Website to process any additional payments or obtain any additional User/ KP services.
Once ConnektOn charges Employer/ Client’s Payment Method as regulated and determined in this Agreement, the charge is to be treated as non-refundable, with an exception that is set by Applicable Law. You also hereby agree and acknowledge that this Agreement provides a dispute resolution process as a way for Employer/ Client to resolve disputes. To the extent allowed by Applicable Law, Employer/ Client hereby agrees not to exercise its chargeback right from any bank, credit card company or any other payment method provider against any Invoice amount or other Fees charged associated with this Agreement regardless of the reasons. A chargeback that breaches this obligation represents this Agreement’s material breach. If Employer/ Client violates this Agreement by initiating a chargeback as regulated and described hereby, Employer/ Client agrees that ConnektOn or User/KP may dispute or appeal the chargeback and institute collection action against Employer/ Client.
Employers/ Clients agree and acknowledgs that ConnektOn will charge their Payment Method for the amount of the plan bought for job postings, project postings and questions postings, and the Invoice amount by Users/ KPs. There would be an additional Credit card or Debit card processing fee of 2.5% if that Payment Method is used. When funds are released to a User/KP for a Project, ConnektOn will credit the User/KPs account, less the amount of 6.99% of the total compensation released to User/KP (“Service Fee”), which shall be retained by ConnektOn as a Service Fee for User/KP’s’s use of ConnektOn website. ConnektOn reserves the right to update its Service Fee on an individual basis for User/KP based upon criteria established at ConnektOn’s sole and absolute discretion.
Registered Users (“You”) will be provided with a virtual account established by ConnektOn that can be utilized to accept payments from Employers/ Clients or to pay Users/ KPs (“ConnektOn Wallet”). The ConnektOn Wallet is not and cannot be treated as a bank account and cannot be utilized for any purposes other than expressly authorized in these Terms of service.
Funding: You may only fund Your ConnektOn Wallet with payments received from other Users and no other Payment Methods. You authorize ConnektOn to initiate a charge each billing period 13 to the Payment Method. The periodic charge to Your Payment Method Account will be for Service Fees, amounts that We determine You owe to other Users but have failed to timely pay, any expenses, costs, fines, charges, or late fees incurred as a result of Your breach of these Terms of service or misuse of ConnektOn. You also authorize ConnektOn to initiate a charge or credit to Your Payment Method to correct any underpayment or error in a previous charge to Your Payment Method and/or to credit or debit a small dollar amount to Your Payment Method to confirm electronic access and verify Your identity. This authorization will remain in effect until You designate an alternative form of payment on the Website, or if You terminate Your Account and after We have a reasonable period of time to act on that designation or cancellation. You represent and warrant that You are authorized to provide the foregoing authorization to initiate charges to the above registered Payment Method.
REGISTERED USERS AGREE AND ACKNOWLEDGE TO: (1) INITIATE CHARGES TO YOUR REGISTERED PAYMENT METHOD PER THE TERMS OF THE ABOVE PAYMENT AUTHORIZATION; AND (2) YOUR CONTINUED USE OF THE WEBSITE AND APPROVAL OF THESE TERMS OF SERVICE CONSTITUTES YOUR ELECTRONIC SIGNATURE ON, AND AGREEMENT TO, THE ABOVE PAYMENT AUTHORIZATION.
You agree to electronically authorize payment for Your ConnektOn services account and You agree to receive electronic communications with respect to such payments. You may contact ConnektOn at Your product and services interface to update Your contact information used for these electronic communications or to withdraw consent to receive electronic communications, but ConnektOn reserves the right to terminate Your use of the services if You withdraw Your consent. Please note that ConnektOn does not provide paper copies of electronic communications.
Please be advised that You cannot receive or request interest or any similar earnings related to or derived from the funds ConnektOn handles. These restrictions include the eventualities when these funds are subsequently placed in pooled accounts. Regarding Your use of our Services and Website, You unconditionally and irrevocably hereby assign to ConnektOn any of Your ownership rights associated with any interest that may be derived from the funds held in pooled accounts.
We do not promise to hold Your funds separate from Our corporate funds. Please be advised that ConnektOn isn’t a bank and cannot be treated as such or any other similar institution. All funds reserved and held by ConnektOn or some of its service providers that are in relation to the transactions processing cannot be treated as the deposit obligations. In addition, they aren’t insured in order to benefit a User according to regulations of the Federal Deposit Insurance Corporation, including any other similar or relevant governmental agency.
You may withdraw any and all funds that were transferred to You by another User (not otherwise held by Us pursuant to these Terms of service) from Your ConnektOn Wallet by electronically transferring them to Your bank or other account connected to ConnektOn Wallet. We reserve the right to delay withdrawals while we screen for risk, or request additional information to verify the withdrawal request. Withdrawals are final and cannot be undone. We will not be able to reverse this process once it has begun.
If Your ConnektOn Wallet’s balance is negative regardless of the reason, We are allowed to produce this negative balance when we are required to deduct the amounts You as a User owe to Us from the available funds that are transferred into Your ConnektOn Wallet. This also includes the amounts You have scheduled to send or withdraw from Your ConnektOn Wallet. You hereby agree and acknowledge that We are allowed to recover all amounts that You owe Us and that are due by charging Your available balance. In case there are no sufficient funds available in Your ConnektOn Wallet when we try to recover these amounts, You agree hereby to reimburse ConnektOn through other suitable means. If ConnektOn is still not in a position to recover these amounts from Your Payment Method, then We are allowed to recover these amount from the alternative funding sources, including the right to take other appropriate legal actions in order to collect these amounts which are due. For the purposes of securing Your compliance with these Terms and any effective Contract, You grant ConnektOn with a lien on, including an appropriate security interest in Your User’s Account with an unconditional approval to execute and proceed with any further and necessary action in order to exercise such rights.
If You receive a payment, You are liable to ConnektOn for the full amount of any such payment plus any fees if such payment is later invalidated for any reason (in addition to any other liability). If an Employer/ Client later disputes the payment or files a claim for a chargeback, the payment instrument issuer or the originating bank, not ConnektOn, will determine whether the dispute is valid and to whom payment is due. You agree to allow Us to recover any amounts due by debiting Your ConnektOn Wallet, Your Payment Method, or charging any Payment Methods that You have provided to ConnektOn.
Subject to the terms of these Terms of Service, ConnektOn hereby grants to Registered User a non-exclusive, non transferable royalty-free, right and license (the “License”) to access and use the Website for Registered User’s Internal Business Purposes until ConnektOn terminates Registered User’s Account. “Internal Business Purposes” shall include the right to allow Registered User to access the Website through a qualified Internet connection in furtherance of the business of User as of the Effective Date. User will have a License that entitles the number of Registered Users approved by ConnektOn in writing to log in and use the Website.
ConnektOn shall retain all right, title and interest, including all intellectual property and other proprietary rights, in and to the Website, or any parts or components thereof, including all derivative works thereof, but excluding any Registered User IP embodied in the Website. In addition, Registered User acknowledges that ConnektOn owns or licenses various development tools, routines, subroutines and other programs, data and materials provided with or embedded within the Website that were developed or procured by ConnektOn prior to, independent of, or not exclusively for Registered User as part of, ConnektOn’s performance of services hereunder (collectively, the “Supporting Technology”). As between ConnektOn and Registered User, ConnektOn retains all right, title and interest, including all intellectual property and other proprietary rights, in the Supporting Technology. Registered User must retain all patent, copyright notices and other proprietary legends in or on the Website. Registered User may not remove from the Website, or alter, any of the ConnektOn trademarks, trade names, logos, patent or copyright notices or markings, or add any other notices or markings to the Website. Also, the ConnektOn Website should not be made available to any third party on a time-sharing or service bureau basis, 15 or an attempt is made to resell to any third party the right to use the ConnektOn Platform. The Website should not be used for any illegal or unauthorized purpose, or to violate any Applicable Laws, or any proprietary right of a third party.
Confidential Information of ConnektOn: Registered Users (You, Your) acknowledge that during the course of use of ConnektOn Website, You may have access to certain confidential information in the form of know-how, trade secrets, or proprietary information (“Confidential Information”) of ConnektOn. Confidential Information may include, without limitation, customer lists, customer information, financial statements and information, marketing and sales data, sales manuals, case management policies and procedures, quality assurance policies and procedures, documentation of processes and software, designs, devices, compilations of information, operational techniques, operating manuals, symbols, service marks, logos, other intellectual property, vendor lists, marketing programs, plans, and strategies, research and development plans, contracts and licenses, licensing techniques and practices, models and strategies, computer software and other computer-related materials, copyrightable material, security controls, including computer system passwords, and other legally-protected information owned by or used by ConnektOn which are confidential in nature and may include confidential or proprietary information received from third parties. In addition, Confidential Information also includes any information which is not generally known to the public or within the market or trade in which ConnektOn competes, and the physical embodiments of such information in any tangible form, whether written or machine-readable in nature or any information which is marked or designated as “Confidential.”
You acknowledge and agree that maintaining the confidentiality of the Confidential Information is integral to the ongoing operation and value of ConnektOn. In view of the foregoing, You agree to maintain the confidentiality of all ConnektOn’s Confidential Information and to not disclose, divulge, exploit, or use, in any manner whatsoever, ConnektOn’s Confidential Information for Your own benefit or the benefit of another person, to the exclusion of ConnektOn, or without ConnektOn’s express authorization. You will additionally take all reasonable precautions to prevent the inadvertent or accidental exposure of ConnektOn’s Confidential Information. You further agree not to in any manner whatsoever, circumvent or attempt to directly or indirectly circumvent, ConnektOn’s agreements with other Users, its customers, vendors, freelancers, contractors, or any other strategic business relationship maintained by ConnektOn, for Your own benefit or for any other purpose, without obtaining ConnektOn’s prior written consent.
You acknowledge that ConnektOn has obtained and will continue to obtain from the third parties associated and in relation with Us, e.g., Users, partners, collaborators, licensors, licensees, customers, suppliers (collectively “Associated and Related Third Parties”) all of their proprietary or confidential information (collectively “Confidential Information of the Associated and Related Third Parties”) that represents a duty on ConnektOn’s part to ensure the full confidentiality of such Confidential Information of the Associated and Related Third Parties and use it for the strictly limited purposes only. You agree and understand that You owe ConnektOn and its Associated and Related Third Parties an obligation to hold all such Confidential Information of the Associated and Related Third Parties as the strictly confidential information, including an obligation not to disclose or use it to any third party with the sole exception when it is necessary to carry out the 16 work for ConnektOn consistent with ConnektOn’s agreement with these Associated and Related Third Parties.
If future patent, trademark or copyright protection is obtained for ConnektOn or any element incorporated into the Website, You shall cooperate with ConnektOn in enforcing or policing such protection and by taking all reasonably appropriate measures including marking trade secrets and ConnektOn’s Confidential Information as required and taking other reasonable measures as requested by ConnektOn.
Confidential Information of Users: Registered Users (You, Your) acknowledge that, during the course of Your Contracts with other Users, You may have access to certain Confidential Information belonging to another User, who may disclose such Confidential Information to You in connection with the performance of a Contract and such Confidential Information will be disclosed to You in confidence (a “Disclosing User”). You acknowledge and agree that maintaining the confidentiality of the Confidential Information is integral to the value of Disclosing User and is vital to his, her or its successful operations. You agree to maintain the confidentiality of all Disclosing User’s Confidential Information and to not disclose, divulge, exploit, or use, in any manner whatsoever, Disclosing User’s Confidential Information for Your own benefit or the benefit of another person. You will additionally take all reasonable precautions to prevent the inadvertent or accidental exposure of Disclosing User’s Confidential Information. You agree that You will not at any time, use, directly or indirectly, any of Disclosing User’s Confidential Information for the benefit of You or any Person other than the Disclosing User without obtaining Disclosing User’s prior written consent. You further agree not to in any manner whatsoever, circumvent or attempt to directly or indirectly circumvent, Disclosing User’s agreements with its customers, vendors, freelancers, contractors, or any other strategic business relationship maintained by Disclosing User, for Your own benefit or for any other purpose, without obtaining Disclosing User’s prior written consent.
ConnektOn does not provide any kind of legal advice or opinion regarding any legal matters. Should You choose to ask and receive a legal counsel, You are strongly advised to seek independent legal counsel with a proper license to practice law and provide legal support in Your jurisdiction. You agree hereby to hold harmless and indemnify ConnektOn, including all of our users, KPs, and/or affiliates against any liabilities or damages You may suffer as a direct or indirect result of using the Dispute and Arbitration Services. If You do not accept or do not agree to use our Dispute and Arbitration Services as provided and regulated hereby, You agree not to request ConnektOn to accept or assume any payment and/or legal liabilities. ConnektOn has absolute discretion to accept or reject any request and document provided by both parties with the interests in an eventual dispute. ConnektOn does not warrant or guarantee that the documents, which are submitted by the parties to the dispute and arbitration are true, complete or correct. You also agree to indemnify ConnektOn to the maximum extent allowed by the law and hold our users, KPs, and affiliates harmless against any liabilities or damages You may suffer as a result of any material or documentation subsequently being determined to be misleading or false. Regarding the potential disputes with any other ConnektOn users (as regulated by ConnektOn Terms of Service and Privacy Policy), You hereby agree to indemnify ConnektOn from any and all claims, damages, and 17 demands, direct or indirect, actual and consequential, of every nature and kind, known and unknown, with a relation and interest to such a dispute. Employer/ Client or User/ KP found to be in breach of ConnektOn Terms of Service and/or Privacy Policy during the Dispute and Arbitration process may automatically lose the dispute in favor of the other party involved, regardless of the origin of the dispute. Regarding any eventual dispute between Employers/ Clients and Users/ KPs relating to the Contracts that are eligible for our Dispute and Arbitration Services, You agree hereby to negotiate and accept the decisions of such dispute in good faith. When the final result, decision or recommendation of such negotiation is acceptable to Clients and Freelancers in a dispute, You agree that an indication of Your approval of such negotiation is fully valid and true, so ConnektOn can through the Website disburse the disputed funds in accordance with the findings of such negotiation. In case You are still not satisfied with these results, decisions or recommendations, You accept that Your dispute is to be submitted to the arbitration process as being regulated below.
As soon as an arbitration is being initiated by either a Employer/ Client and User/ KP both partieshave 10 business days to respond accordingly and present their cases. Otherwise, the party who fails to submit a response during this period will automatically lose the dispute. As a result, all the pending payments will be either returned to the Employer/ Client’s account or transferred to a User/ KP’s account.
In case that both parties during this initial arbitration period cannot resolve their dispute with the help of the additional negotiations, then they automatically acknowledge and agree to that ConnektOn is to arbitrate their dispute through the following process:
Employers/ Clients and Users/ KPs will be given an opportunity to resolve the problems between themselves. Please note that only the party who initiated the arbitration has the right to cancel it. If the problem cannot be resolved at this stage, the arbitration process will automatically move to the next stage.
This stage represents the final opportunity for the parties in a dispute to submit their final evidence and present their claims. Please note that You will no longer be allowed to submit Your evidence after this stage is considered to be closed. Your dispute will be resolved ONLY based upon the materials and evidence submitted to us. Please note that our Dispute Resolution Team has the right of obtaining all available materials related to Your dispute in order to reach a just decision. Should You choose us to arbitrate and resolve Your dispute, You acknowledge and agree to allow us to access and process all correspondence made on our site. You also grant us with the unlimited right to download, access, evaluate and/or test, including all actions we consider to be necessary, all deliverables related to thedispute. You acknowledge that these actions will be conducted for the sole purpose of resolving Your dispute.
At the final stage, we will review all evidence and all other available information submittedand/or made available to us and will try to reach the final decision in 14-30 business days. Please note that during this final stage, You are still encouraged to negotiate and reach an amicable solution in order to resolve Your dispute.
IMPORTANT: Our arbitration decisions are to be treated, accepted, and executed as irreversible, final, and binding. The party who is to be declared as the winner of the dispute in question is required to pay an Arbitration Fee in the amount of 5% of the total disputed Contracts’s value.
Both parties hereby accept to retain the full Contract’s confidentiality, including the privacy of the involved parties. Furthermore, they agree not to release the collected information to any other party not related to dispute unless required by law. Please note that our arbitration decisions cannot be subject to appeal. Consequently, after we have reached a decision and within a reasonable, but not strictly specified time, we will transfer funds according to our arbitration decision. The party who has lost a dispute in accordance with our final decision acknowledges and agrees hereby that You have no rights, interests in or licenses to the disputed Contract that has been resolved according to our Dispute and Arbitration Policy. Also, both parties revoke their rights to leave a review (feedback) for the Contract, which is under a dispute, regardless of the dispute’s outcome. You hereby accept and agree with our official policy to prevent any kind of revenge and intentionally damaging reviews on our website.
In the event of a dispute, We strongly encourage You to contact us directly first, in order to seek a satisfactory solution for both parties by emailing us. Please note that You will not be allowed to raise a claim against our final Arbitration decisions. You acknowledge and agree hereby that You will not initiate any additional claims associated with this Dispute and Arbitration Policy on a class or other representative basis. In addition, You will not seek to consolidate or coordinate any additional action or arbitration hereunder with any other related proceeding after the final arbitration decision has been reached.
For any claim, You grant us with the right to resolve the dispute in the most efficient and costeffective manner, which includes a binding non-appearance-based arbitration that includes the following rules:
All claims You bring and disputes You initiate against ConnektOn must be resolved in a complete accordance with our Terms of Service and Privacy Policy. All claims filed or requested presented contrary to our terms and policies shall be treated as improperly filed and as such will be rejected due to a breach of our terms and policies. Should You file a claim contrary to our terms and policies, we reserve the right to recover any potential legal fees and costs, including paralegals and in-house lawyers. Please be advised that we will previously notify You in writing about You improperly filed a claim and give You a reasonable time to correct it accordingly or withdraw the claim itself.
Please note that our failure to act with respect to any potential breach by You or other users does not automatically waive our right to act with respect to similar or subsequent breaches. Before initiating an arbitration demand, You and ConnektOn agree to first notify each other of this demand’s details. You agree to notify ConnektOn of the arbitration demand at the following address: 539 West Commerce Street, Suite # 6775 Dallas, Texas 75208 AND by email to disputes@connekton.com, and ConnektOn agrees to provide to You a notice in writing at Your email address. You and ConnektOn then will try to seek an informal voluntary solution to the disputed demand. All demands submitted by You must include Your account information, a brief description of the demand, and contact information, so that You or ConnektOn, as applicable, may evaluate the demand and attempt to informally solve the arbitration demand. Both You and ConnektOn will have 30 business days from the date of the receipt of the demand to informally resolve the other party’s demand, which, if acceptable for both parties, will prevent any further actions in this matter.
In case that both parties are unable to find an acceptable solution for a demand in question within 30 business days, You and ConnektOn agree to resolve the dispute before the arbitration of the mutual choice and agreement, instead of a jury or court. Both parties will have the right to appear at this arbitration online, by telephone and/or video, and not in person unless there is a previous mutual agreement about this requirement.
This Arbitration will be treated as the full and final agreement regarding the formal solution of the arbitration demand. Unless otherwise regulated by this Arbitration, this Arbitration between You and ConnektOn will have the exclusive and final no-appeal jurisdiction to decide, all disputes related to the application, interpretation or enforcement of this Arbitration, including the scope, validity, enforceability or revocability of the Arbitration partially or completely. All these matters are to be decided by an arbitrator exclusively and not by a jury or court. The parties hereby agree that the arbitrator and not a jury or court will decide any questions related to the arbitration, including but not limited to any potential claim that this Arbitration partially or completely, or any other part of our Terms of Service or Privacy Policy is void or voidable.
By using the Site and in return for the services offered by ConnektOn, You acknowledge that ConnektOn can only offer You these services under the terms and conditions as presented herein. As partial consideration for Your use of the Site and these services, You agree not to sue ConnektOn as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against ConnektOn regarding Your use of the Site. If You do not agree to any part of these terms, do not continue Your use of the Site.
You also hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to Your use of the Site or these terms of service, if You are located in the United States or any other part of the world.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR 20 TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CONNEKTON GLOBAL AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
CONNEKTON GLOBAL AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. CONNEKTON GLOBAL AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CONNEKTON GLOBAL AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CONNEKTON GLOBAL OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
ConnektOn reserves the right, in its sole discretion, to terminate Your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and You hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between You and ConnektOn as a result of this agreement or use of the Site. ConnektOn's performance of 21 this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ConnektOn's right to comply with governmental, court and law enforcement requests or requirements relating to Your use of the Site or information provided to or gathered by ConnektOn with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ConnektOn with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ConnektOn with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
ConnektOn reserves the right, in its sole discretion, to change the Terms under which http://www.ConnektOn.com is offered. The most current version of the Terms will supersede all previous versions. ConnektOn encourages You to periodically review the Terms to stay informed of our updates.
ConnektOn welcomes Your questions or comments regarding the Terms:
support@connekton.com
Effective as of December 25, 2021
