In addition to the terms set forth in the TERMS OF USE, these ADDITIONAL TERMS(“Additional Terms”) shall also apply to your use of this Website and related services ("Directory Service").
Appeon Limited, together with its subsidiaries and affiliates ("Appeon") created this Directory Service for you ("You") and customers, developers, other consultants, and service providers in the Appeon products and services ecosystem ("Users") to match Your expertise and availability to fulfill the information technologyproject needs of Users ("Customer Project"). The Directory Service provides a platform for You to post a profile describing your skills and expertise, which is visible to the public, and a mechanism for Users to contact You. Users may request You submit proposals, demonstration materials, references, and other content related to addressing a specific Customer Project("ProjectResponse"). The Directory Service does not provide a platform for qualifying Users or Customer Projects, creating or enforcing any contract for Your provision of services, or processingany payments related thereto.
1. ELIGIBILITY
Only independents or contractors are eligible to post profiles in the Directory Service. YOU MAY NOT POST A PROFILE ON BEHALF OF ANY COMPANY, OR LEVERAGE THE DIRECTORY SERVICE TO MARKET, PROMOTE, OR SELL ANY PRODUCTS OR THIRD-PARTY SERVICES. You represent and warrant that you are posting a profile on Your own behalf and agree to comply with these Additional Terms. If You violate this term or any of these Additional Terms, Appeon reserves the right to take any action, in our sole discretion, including but not limited to termination of Your account.
2. ROLE OF APPEON.
Appeon only provides the Directory Service as a platform to connect You with Customer Projects. Appeon does not endorse You and any content related to You, Users and any content related to Users, any Project Response, or any Customer Project. Appeon is not involved in the transactions or provisioning of services between You and Users (“Customer Transaction”). As a result, Appeon has no control over the quality, safety or legality of the Customer Transaction or Your ability to receive payment. Appeon is not responsible for any Project Response, Customer Transaction, or the actions of You or Users. Appeon does not conduct any screening or other verification with respect to You or Users. You use the Directory Service at Your own risk.
3. ADDITIONAL TERMS
Your access and use of the Appeon Websites, Directory Serviceandother services related thereto ("Website Services"), are subject to the Terms of Use and these Additional Terms. The Terms of Use and these Additional Terms ("Controlling Terms") form a legally binding agreement between You and Appeon regarding Your access and use of the Website Services. Capitalized terms used in these Additional Terms which are not defined in these Additional Terms shall have the meaning ascribed to them in the Terms of Use.Whenever there is a conflict between the terms the Terms of Use and these Additional Terms, these Additional Terms shall control. By accessing or using the Website Services, You accept and agree to abide by the Controlling Terms. If You do not agree to the Controlling Terms, You must not attempt to access or use the Website Services.
4. YOU ARE RESPONSIBLE
You are solely responsible and liable for Your Content, including but not limited toProject Responses, proposals for Customer Projects, or any other content that You send to another User. Appeon merely acts as a conduit for the distribution and/or publication of Your Content. Appeon is not a party to any agreement between You and Users. It is solely Your responsibility to agree upon any terms under which the Your services will be provided. You are responsible for ensuring that You comply with Your obligations under any agreements with other Users. If You do not, You may become liable to that User(s). It is solely Your responsibility to abide by all applicable laws and regulations relevant to You, or in any other uses You make of the Website Services. If another User breaches any obligation to You, You are solely responsible for enforcing any rights that You may have. For the avoidance of doubt, Appeon has no responsibility for enforcing any User rights.
5. RELEASE
BECAUSE APPEON IS NOT INVOLVED IN TRANSACTIONS BETWEEN YOU AND USERS OR OTHER PARTICIPANTS, YOU HEREBY RELEASE APPEON, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND PARTNERS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL, CONSEQUENTIAL OR OTHERWISE) OF EVERY KIND AND NATURE, KNOWN OR UNKNOWN, WHETHER OR NOT ANTICIPATED OR DISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY DISPUTE BETWEEN ONE OR MORE USERS.
You expressly acknowledge that this release is intended to include all claims related to any dispute arising out of or in any way connected with the Website Services, including claims which You do not know or suspect to exist against Appeon in Your favor, and that this release extinguishes all such claims. You further acknowledge that You are familiar with Section 1542 of the Civil Code of the State of California (“Section 1542”), which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
You hereby waive and relinquish on behalf of Yourself, Your heirs, executors, administrators and assign any rights and benefits that You may have under Section 1542 or any similar statute or common law principle of any jurisdiction.
6. INDEMNITY
You agree to indemnify and hold Appeon, its officers, agents, partners, employees, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or in connection with Your Content, Your usage of the Website Services, Your breach of these Additional Terms, or Your alleged violation of any other rights of a third party.
7. EXCLUSION OF WARRANTIES
The Website Services and Content are being provided to You AS IS. Appeon does not guarantee or warrant any features or qualities of the Website Services or Content, including but not limited to the completeness, accuracy, availability, security, reliability, non-infringement of intellectual property rights, or quality. No warranty or undertaking shall be implied from any published Appeonstatement or advertisement except to the extent Appeon has expressly confirmed such warranty or undertaking in writing.
8. COMPLIANCE WITH LAW
You agree that it is Your responsibility to determine any and all taxes and duties, including without limitation, sales, use, transfer, value added, withholding and other taxes and/or duties assessed, incurred or required to be collected, paid or withheld for any reason in connection with any request for, or provision of services by You or Your use of the Website Services ("Taxes") and to collect, withhold, report, and remit correct taxes to the appropriate tax authority, and to otherwise be responsible for the collection and payment of any and all Taxes.
You agree that is Your responsibility to determine whether and to what extent any permits, registrations, authorization or filings (including without limitation with respect to the transfer of technology) are required by any governmental agency in any jurisdiction in which You have requested or are performing services.
Revised and posted as of 18 August 2016