TERMS AND CONDITIONS
Netwrk Online displays services offered by freelancers and third party businesses (collectively, “Service Providers”) to allow you, the user (“You,” “Yourself,” or “Your,” if possessive), the opportunity to book or purchase said services. Netwrk Online also hosts profiles for persons seeking jobs to create a profile for free to showcase their skills for possible employment opportunities. Netwrk Online also operates certain products currently including, without limitation, Deals and other direct purchase products whereby Netwrk Online facilitates the offer, sale, and/or marketing of certain promotions, discounts, coupons, vouchers, e-commerce offers, or deals (collectively, “Promotions”). All products and services described in this Section, as well as any other products and services offered by Netwrk Online at any time shall be defined herein as “Service” or “Services.
In order to be considered a valid user of the Service, You must read and accept all of the terms and conditions in, and linked to, this Network Member Agreement (this “Agreement”). This Agreement may be modified by Netwrk Online from time to time at our sole discretion, and You will receive notice if modifications to the Agreement are made. We strongly recommend that, as You read this Agreement, You also access and read the linked information. By accepting this Agreement, You also agree that Your use of some Netwrk Online branded websites or other websites we operate or websites associated with Netwrk Online Stamp may be governed by separate terms and conditions, agreements and privacy policies. It is your responsibility to review the terms and conditions of each sites individual use.
BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.
1.NETWRK ONLINE SERVICE
Netwrk Online displays profiles of Job Seekers, Freelancers and Third Party Businesses all referred to as Service Providers and also provides You with the opportunity to pay for consultations, goods and services. This in no way constitutes a joint partnership or agency relationship with the user.
(a) Your Use of the Website
The Netwrk Online Website is free to browse for any user of our website. There are no subscription fees or plan to access the website excluding certain products offered. It should also be noted that there is a fee of 10% is deducted per transaction for network members who sign up as Freelancers or Business Owners.
Benefits of the Netwrk Online Website may include some or all the following but may not be limited to and is subject to change at the sole discretion of Netwrk Online.
Benefit from ads run worldwide including and not limited to ads run islandwide and in the Caribbean geared towards driving traffic to our website.
Receive Payments from Netwrk Online via Paypal transfer or any other medium in which you determine
Exclusive discounts offered by third-party companies offering services of interest to members
Access to Netwrk Online Help Centre when accepting jobs, or requesting a service provider.
(b) Netwrk Online earns revenue from eligible Freelancers and Business Owners. For example, qualifying Freelancers or Business Owners can pay Netwrk Online to offer Promotions on the website, in or weekly blog, through enhanced profiles, direct mail, or other services. Service Providers offering Promotions can offer a discount or benefit to customers or can be used to introduce your business.
2. REGISTRATION INFORMATION
As a condition of Your use of the Service, You agree to: (a) provide Netwrk Online with true, accurate, current and complete information as prompted by the Netwrk Online registration forms, when registering for or using the Service; and (b) update and maintain the truthfulness, accuracy and completeness of such information.
3. MINIMUM AGE
You must be 18 years of age or older to use or register for Services unless you are applying for internship programs where the age limit is specified by the organization introducing said opportunity.
4. PRIVACY POLICY
Netwrk Online has established a Privacy Policy to explain to You, and other users, how Your personal information is collected and used.
Information is collected via online third party providers namely “Squarespace” “PayPal” “Gmail”. Each of these providers are considered reputable and have years of experience offering their services. Information is taken from these third parties and stored at our main physical location. Upon verification of storage the information is deleted from those services providers servers that allow such actions. It is to be understood that you understand the information stated in this section and acknowledge that you use our website at your sole discretion and at your own risk. I AGREE that I will not hold Netwrk Online responsible for discrepancies arising from these third party service providers operations whether directly or indirectly perpetuated by the owner, directors, board members, affiliates or any other person or entity that has or does not have but is still related to interests of said third party service providers.
(c) Canceling Your Profile
You may cancel Your Profile at any time by contacting Netwrk Online via telephone at 1 876 885-4791 or by visiting our websites help center which is accessed at the bottom of every page. You are also presented with the option of visiting our office location or sending your request via registered mail or by emailing info.netwrkonline@gmail.com.
6. INCENTIVES
Netwrk Online may, from time to time and in its sole discretion, offer certain products or services as incentives (“Incentives”) (e.g., a free Software for network members business) to use our services. The Solutions Centre is neither the seller nor manufacturer of the Incentives and disclaims any and all liability and warranties of any kind relating to the Incentives, the use of the Incentives, and the tax implications of receiving the Incentives. You agree that You shall not bring any action against Netwrk Online relating in any way to the Incentives. In the event that an Incentive is lost, does not operate properly, or is otherwise incorrect, unfit, or unusable in any way, You agree that Netwrk Online has no responsibility for replacing the Incentive.
7. YOUR SECURITY IN RELATION TO USE OF OUR SERVICES
IT IS UNDERSTOOD BY ME that whether I am a freelancer, job seeker, business owner or individual who accesses Netwrk Online services you are considered a user of Netwrk Online. At no point in time are you consider to be an employee or affiliate of The Solutions Centre Therefore it is understood that my use of Netwrk Online means that I am solely responsible for how I choose to network on The Solutions Centre website.
JOB SEEKERS AND FREELANCERS
I UNDERSTAND that it is my responsibility first and foremost to verify any opportunities sent to me by Netwrk Online to ensure they are valid before presenting myself to any individual or place of business as I am solely responsible for my personal safety when accepting job offers. It is understood that Netwrk Online has no obligation to verify any offers made through their website. However, Netwrk Online does checks on all job listings and employment opportunities and will present the candidate with their findings for any. It is your responsibility to further verify the information for Netwrk Online will not accept responsibility and I UNDERSTAND AND AGREE that I will not make any claims against Netwrk Online in regards to any instances that may arise and cause confusion, damage to property or personal bodily injury whether to your person or persons within the vicinity of any malicious activities -or any other type of activity that encroaches on rights or any other rights held by an individual existing in any country-that may take place. I waive my right to make any claim or claims against Netwrk Online or any of its associates in regards to any incidences that occur from my use of the Netwrk Online website. I further understand and agree that myself or any third parties acting on my behalf or in my stead whether it be an individual, attorney, law firm, company(s), civil rights group(s) or any other groups or parties individual or otherwise in the country of Jamaica or any other country in the world in relation to a claim you wish to pursue against Netwrk Online or any of its affiliates is not valid and should not be considered pursuant by the court system in any country in any part of the world. I UNDERSTAND THAT IF I DECIDE TO DO SO Netwrk Online reserves the right to retain legal council to defend their rights as stated in this agreement that I have agreed to. Any fees incurred by Netwrk Online as a result of having to be present to resolve any issues brought by you will be billed to the complainant and this cost will be recoup able by any third party companies we retain to do so. I also understand that an amount equivalent to 500% of the total monies recouped should also be paid to Netwrk Online. You must evaluate and make your own judgement and bare all risks associated with accepting offers without proper due diligence as Netwrk Online will not be responsible whether directly or indirectly.
BUSINESS OWNERS
Netwrk Online provides Business Owners with access to our services solely for the purposes expressly stated herein which include and may or may not be limited to:
Posting information about the businesses they operate
Offering services and products for sale
Posting Job Listings for available positions within their organizations or any other organization in which they have been given permission to act on behalf of in regards to the services offered on Netwrk Online.
Posting promotional content in picture or video format across our platforms and through any third party mediums we utilize to deliver on the services being offered by Netwrk Online.
It is again understood that my use of the website does not indicate any joint partnership between the business owner and Netwrk Online and it is the business owners sole responsibility to stand the cost of any claims made from incidences relating to services not delivered to clients. You also accept, understand and agree that Netwrk Online will not be held liable in any cases brought against you and that you will not pursue any claims or transfer any blame in relation to disputes arising from the use of our Website.
8. ACCOUNT SECURITY
Netwrk Online will assign You a user ID and a password ONLY WHEN processing payments and you have opted to create an account. Your user ID and password may only be used by You and no other party as we will not accept liability for unauthorized access to your information. You are solely responsible for maintaining and protecting the confidentiality of Your user ID and password, and are fully responsible for all activities that occur under Your user ID and password.
9. SUBMISSIONS OF REVIEWS
In order for You to submit Your own reviews and ratings on our website or through any services or print mediums operated by Netwrk Online or any third party providers acquisition-ed to carry out such services as it relates to reviews and ratings You acknowledge and agree that:
all of Your reviews and ratings will either be based upon: (i) Your actual first-hand experiences with the Service Providers You are reviewing; or (ii) as provided under Section (Service Providers) below, an Individual and that individual’s actual first-hand experience with a health care or wellness provider whereby You have the legal authority to disclose such health information and experience of the individual that would be in question;
all of Your reviews and ratings of the Service Providers that You are rating will be accurate, truthful and complete in all respects;
Your name and review information will be made available to the Service Providers on which You review; and
Netwrk Online may redact, delete, or reject Your reviews if they do not conform with The Solutions Centres’ publication criteria, which may change from time to time at The Solutions Centre’s sole discretion.
10. CONFLICT RESOLUTION PROCESS
If You have a dispute with a Service Provider you may request Netwrk Onlinessistance in communicating with that Service Provider about Your desired resolution (the “help center) which can be accessed at the bottom of every page on our website.
You may request to engage through our Website or by contacting a representative. You will then be requested to complete and return to Netwrk Online certain documentation relating to Your complaint. Shortly thereafter, a member of our Solutions Team will contact You to obtain additional information and understand Your desired resolution. The Solutions Team will then contact the Service Provider to explain Your complaint and desired resolution and to ask the Service Provider to respond in writing within a reasonable timeframe.
If the Service Provider agrees to Your desired resolution or supplies a counteroffer that You find acceptable, the case is considered resolved, Your review regarding the Service Provider will be removed, and You will have the opportunity to submit updated feedback about Your experience. If the Service Provider responds but does not resolve the matter as described above, Your feedback shall remain unchanged.
Your participation in the Solutions process is at Netwrk Online sole discretion. We reserve the right to reject Your request to participate for any reason. By participating in the Solutions Process You consent to have Your complaint and a story about the circumstances relating to conflict published through any medium in which Netwrk Online decides at our sole discretion. For complaints involving health care providers, we may ask You to sign a waiver allowing the Service Provider to discuss the issue with us.
Netwrk Online is not a legal forum and Netwrk Online does not, at any time, become a party to Your dispute with the Service Provider. Netwrk Online is neither a mediator nor an arbitrator and does not provide legal advice or assistance. If You believe legal services are necessary or would be helpful to resolve Your dispute with a Service Provider,Netwrk Online encourages You to consult with an Attorney. The Solutions Centre does not guarantee that Your participation in the solutions process will result in a satisfactory outcome or Your desired resolution.
You agree that, by offering the Solutions Center as a medium for conflict resolutions Netwrk Online does not waive any of its disclaimers or limitations of liability, including without limitation those set forth under Sections (Your Security In Relation To Use Of Our Services) (Service Providers), (Warranty Disclaimer), (Limitation of Liability).
You acknowledge and agree that, during the Term of your use of our websiteThe SOlutions Centre may—in its sole discretion and without notice—change the Help Center Process, including without limitation, its name, process, and/or function.
11. CONTENT LICENSE AND PROMOTION PLACEMENT
Although Netwrk Online does not claim ownership of any of the information, data, text, images or videos or other materials You give us (collectively, the “Content”), by providing Content for the Website and the Magazine, You automatically grant, and You represent and warrant that You have the right to grant, to Netwrk Online an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing The Solutions Centre with Content, You automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on our Website or in any other medium through which Netwrk Online promotes its service whether directly through Netwrk Online or by any other party.
You understand that Netwrk Online may display, disseminate, or place Promotions near, with, or adjacent to Your Content in any form or media (whether now known or subsequently created). The manner, mode, and extent of such Promotions are subject to change at Netwrk Online discretion and without notice to You.
12. PUBLICATION AND DISTRIBUTION OF CONTENT
Netwrk Online does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Service. You acknowledge that Netwrk Online simply acts as a passive conduit and an interactive service provider for the publication and distribution of Content and for the publication and distribution of any content posted by Service Providers in response to Content requests (“by users”) Content (Service Provider Content). You understand that all Content and Service Provider Content posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. You understand that Netwrk Online does not control, and is not responsible for Content or Service Provider Content made available through the Service, and that by using the Service, You may be exposed to Content that is inaccurate, misleading, or offensive. You agree that You must evaluate and make Your own judgment, and bear all risks associated with, the use of any Content and Service Provider Content.
As stated above Netwrk Online has no obligation to screen, preview, monitor or approve any Content or Service Provider Content, or Content posted or submitted by any other Netwrk Online member or any Service Provider. However, Netwrk Online reserves the right to review and delete any Content that, in its sole judgment, violates the terms and conditions of this Agreement. By using the Service, You agree that it is solely YOUR RESPONSIBILITY to evaluate Your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that You submit, receive, access, transmit or otherwise convey through the Service. Under no circumstances will Netwrk Online be liable in any way for any Content or Service Provider Content, including, but not limited to, any Content or Service Provider Content that contains any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, health information) or for any loss or damage of any kind incurred as a result of the use of any Content or Service Provider Content submitted, accessed, transmitted or otherwise conveyed via the Service. You waive the right to bring or assert any claim against Netwrk Online relating to Content or Service Provider Content, and release Netwrk Online from any and all liability for or relating to any Content or Service Provider Content.
13. SERVICE PROVIDERS
Netwrk Online does not endorse and is not responsible or liable for any Content, Service Provider Content, Promotions, data, advertising, products, goods or services available or unavailable from, or through, any Service Providers (which includes, but is not limited to, health care and wellness providers). You agree that should You use or rely on such Content, Service Provider Content, Promotions, data, advertisement, products, goods or services, available or unavailable from, or through any Service Provider (which includes, but is not limited to, health care and wellness providers), Netwrk Online is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any Service Provider (which includes, but is not limited to, health care and wellness providers), and any other terms, conditions, representations or warranties associated with such dealings, are between You and such Service Provider (which includes, but is not limited to, health care and wellness providers) exclusively and do not involve The Solutions Centre. You should make whatever investigation or other resources that You deem necessary or appropriate before hiring or engaging Service Providers (which includes, but is not limited to, health care and wellness providers).
You agree that Netwrk Online is not responsible for the accessibility or unavailability of any Service Provider (which includes, but is not limited to, health care and wellness providers) or for Your interactions and dealings with them, waive the right to bring or assert any claim against The Solutions Centre relating to any interactions or dealings with any Service Provider (which includes, but is not limited to, health care and wellness providers), and release Netwrk Online from any and all liability for or relating to any interactions or dealings with Service Providers (which includes, but is not limited to, health care and wellness providers). In addition, You agree that Netwrk Online may exclude Service Providers from displaying in search results on the Netwrk Online Website for failing to meet particular Netwrk Online standards regarding Service Provider conduct. In addition, You understand that Netwrk Online may exclude Service Providers from displaying in search results on Netwrk Online Website for failing to meet particular Netwrk Online standards regarding Service Provider conduct and performance.
Netwrk Online may, in its sole discretion, have criminal and/or financial background checks conducted on certain Service Providers. By having such background checks conducted, NETWRK ONLINE DOES NOT WAIVE ANY OF ITS DISCLAIMER OR LIMITATIONS OF LIABILITY, INCLUDING WITHOUT LIMITATION, THOSE SET FORTH UNDER THIS SECTION, SECTION (WARRANTY DISCLAIMER), OR SECTION (LIMITATION OF LIABILITY).
14. HEALTH RELATED PROVIDERS
The contents of Netwrk Online Website, such as text, graphics, images, information obtained from The Solutions Centre, and other material contained on the Netwrk Online Website (“Website Content”) are for informational purposes only. The Website Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of Your physician or other qualified health provider with any questions You may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something You have read on the Netwrk Online Website.
If You think You may have a medical emergency, call Your doctor or 119 immediately. Netwrk Online does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website. Netwrk Online is not a health or wellness provider and does not recommend or refer You to any health or wellness provider on any basis other than those associated with YOUR queries or related searches. Reliance on any information provided byNetwrk Online users or others appearing on the Website at the invitation of Netwrk Online, or other visitors to the Website is solely at Your own risk.
The Website may contain health-related materials that are sexually explicit. If You find these materials offensive, You may not want to use our Website.
You should be aware that if You post any health-related information about Yourself or anyone else on this Website, You do so at Your own risk. If You post Website Content about services rendered to another individual, You represent that You have the legal authority to receive health information about that individual and related to the Website Content from that individual’s health care providers and that You have the legal authority to further disclose such health information. If You post health-related information, You will be placing it into the public domain and it will not be protected by any federal or state laws that protect the privacy of health information. You also acknowledge that the health care or wellness provider about whom You submit Content may submit Service Provider Content that contain Your private or confidential health information in response to Content You submit. Netwrk Online is not liable for any such Service Provider Content. Please see Section (Publication and Distribution of Content) above for more information about Netwrk Online responsibilities related to Service Provider Content. Except as otherwise provided in this Agreement, neither Netwrk Online, nor any of its users, has any legal obligation to keep Your health information confidential if You post it to this Website and it may be used for purposes that are unintended by You or Netwrk Online.
15. YOUR CONDUCT
In connection with Your use of the Service, You represent and warrant that You:
are above the age of eighteen (18);
will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, national or international laws;
will not submit job offers that do not exist
will be solely responsible for how you conduct yourself when contacted for job opportunities
will do your own checks on any candidate you select to work in your home or business
will not submit any review that may be considered by Netwrk Online to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically or otherwise objectionable;
will submit reviews based on first hand experiences
will not submit reviews that comment on other users or the reviews of other users;
will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Netwrk Online, or otherwise attempt to mislead others as to the identity of the sender or the origin of a job offer, or service.
will not submit any information that is encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancel bots, or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Website;
will not access, download or copy any information contained on our Website through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
will not post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
will not attempt to gain unauthorized access to the Service, other user accounts, or other computer systems or networks connected to the Service;
will not use the Service in any manner that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
will not use the Service in any way that could interfere with the rights of The Solutions Centre or the rights of other users of the Service;
have sufficient rights in and to all Content that You provide, transmit or otherwise convey to Netwrk Online in connection with the Service;
agree not to re-sell or assign Your rights or obligations under this Agreement;
will not reproduce, duplicate, copy, sell, re-sell or exploit any Content;
will not access any Content for any commercial, educational or other purposes without the express written consent of Netwrk Online which consent may be withheld by The Solutions Centre in our discretion;
grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the Content and to prepare derivative works of, or to incorporate such Content into other works, and to grant and to authorize sublicenses of the foregoing;
Agree not to submit any false information that is not true and correct in relation to the skills you claim to possess or any degrees or certificates you expressly state you have received.
agree not to create a a false profile if Your profile was previously terminated by The Solutions Centre or if You previously have been banned from using the services; and
agree not to: (i) register for more than one profile or register for a profile on behalf of an individual other than Yourself; (ii) impersonate any person or entity, including, but not limited to, Netwrk Online personnel, or falsely state or otherwise misrepresent Your affiliation with a person or entity; or (iii) advocate, encourage or assist any third party in doing any of the foregoing activities in this subsection.
Netwrk Online may suspend, restrict or terminate Your use of the Service and to refuse any future use of all or portions of the Service if Your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, Netwrk Online may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.
16. DISCLOSURE OF INFORMATION
As Netwrk Online continues to develop its business, it might sell or buy other companies or assets or be acquired or have substantially all of its assets acquired by a third party. In such transactions, customer information generally is one of the transferred business assets. You hereby consent to the transfer of Your information as one of the transferred assets and to be used for any purpose allowed under this Agreement.
17. TERM AND TERMINATION
The term of this Agreement (“Term”) will be in effect and continue so long as You access our website. In other words, the Terms and Conditions expressely stated hererin shall continue through until the website is disbanded for any reason or until termination by either party in accordance with the terms of this Agreement.
Netwrk Online may, for any reason in its sole discretion, immediately terminate this Agreement, Your account, and Your access to the Service without any obligation to the user other than monies accrued from services or products sold through our website. If Netwrk Online merely terminates Your account for its convenience and You are not in breach of this Agreement, The Solutions Centre will provide you with any monies accrued to the users account.
Termination of Your account will include removal of your profile, deletion of any password, deletion of all related information and files, also included the deletion of the Content associated with Your account (or any part thereof), and barring Your further use of the Service.
18. MODIFICATION OF TERMS AND CONDITIONS
Netwrk Online will have the right to modify and restate the terms and conditions of this Agreement, and such modification(s) will be effective immediately upon being posted on our Website (www.netwrkonline.com). You will receive notice if modifications to the Agreement are made. Netwrk Online will make note of the date of the last update to the Agreement on the first page of this Agreement. You are responsible for reviewing these terms and conditions regularly. Your continued use of the Service after such modifications will be deemed to be Your conclusive acceptance of all modifications to this Agreement. If You are dissatisfied as a result of such modification(s), Your only recourse is to immediately discontinue use of the Service.
19. MODIFICATION, LIMITATION AND DISCONTINUANCE OF SERVICE
Netwrk Online reserves the right at any time to limit access to, modify, change or discontinue the Service with or without notice to You and we shall not be liable to You for any such modification, suspension or discontinuance of the Service. You agree that Netwrk Online will not be liable to You or to any third party for any such limitation, modification, change, suspension or discontinuance of the Service. You agree that Netwrk Online may establish general practices, policies and limits, which may or may not be published, concerning the use of the Service, including without limitation, the time in which jobs are completed and the maximum amount payable for jobs rendered, and the maximum duration for which You may access the Service in a given period of time. You agree that Netwrk Online has no responsibility or liability for untimely results from service providers through the Service. You agree that Netwrk Online has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
20. DELAYS
The Service may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. Netwrk Online is not responsible for any delays, failures or other damage resulting from such problems.
21. USER FEEDBACK
Netwrk Online appreciates hearing from You, as well as our other users, and welcomes Your comments regarding our Service. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested. Although we do value Your feedback on our Service, please be specific in Your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such Submissions will be the property of Netwrk Online. In addition, none of the Submissions will be subject to any obligations of confidentiality and Netwrk Online will not be liable for any future use or disclosure of such Submissions.
22. COPYRIGHT MATERIALS
Aside from user-submitted Content and Service Provider Content, all other materials and other information on the Website or through any other medium associated with Netwrk Online including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations and software (collectively, the “Copyright Materials”) are the exclusive property of their respective owners and/or its licensors and are protected by all International copyright laws.
23. WARRANTY DISCLAIMER
You understand and agree that THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT NETWRK ONLINE ASSUMES NO RESPONSIBILITY OR LIABILITY FOR TIMELINESS, DELETION OF CONTENT OR FAILURE BY THE SERVICE. NETWRK ONLINE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (D) ANY CONTENT OR INFORMATION YOU PROVIDE WILL NOT BE DISCLOSED OR (E) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED. YOU AGREE THAT USE OF THE SERVICE AND THE WEBSITE IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to You as they relate to implied warranties.
24. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NETWRK ONLINE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ARTACONNECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY THE SOLUTIONS CENTRE OR THE FAILURE OF THE SOLUTIONS CENTRE TO PROVIDE THE SERVICE UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to You.
You understand and agree that Your unlimited access to the Content on the Website or any other medium utilized by Netwrk Online represents a substantial portion of the value You receive from networking on Netwrk Online. THEREFORE, IF NETWRK ONLINE IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICE, YOU AGREE AND UNDERSTAND THAT YOU HAVE CHOSEN TO WAIVE ANY ALL CLAIMS IN RELATION TO THE ACTION DEEMED LIABLE.FOR NETWORK MEMBERS WHO HAVE AN ACTIVE MEMBERSHIP PLAN YOU UNDERSTAND THAT IN THE INTEREST OF CONFLICT RESOLUTION YOU WILL NOT BE ENTITLED TO ANYTHING OTHER THAN THE REFUND OF ONE MONTHS MEMBERSHIP FEE. IT IS NOTED THAT I HAVE READ AND UNDERSTOOD THE TERMS MENTIONED IN THIS SECTION AND THAT I AGREE.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NETWRK ONLINE CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENTS TO NETWRK ONLINE THROUGH THE USE OF A DEBIT/CREDIT CARD (A “DEBIT/CREDIT CARD PROCESSOR”). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR NETWRK ONLINE, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION SUFFERED BY YOU AS A RESULT OF THE FAILURE OF NETWRK ONLINE TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY THE SOLUTIONS CENTRE YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF THE FAILURE OF NETWRK ONLINE TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT.. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION. YOU HEREBY UNDERSTAND AND AGREE THAT ARTACONNECT SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.
25. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Netwrk Online, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of this Agreement by You; (b) the inaccurate or untruthful Content or other information provided by You to Netwrk Online or that You submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm You may have caused to another. Netwrk Online will have sole control of the defense of any such damage or claim.
26. BREACH OF AGREEMENT AND LIQUIDATED DAMAGES
You understand and agree that, because damages are often difficult to calculate, if it becomes necessary for Netwrk Online to pursue legal action to enforce the terms and conditions of this Agreement, You will be liable to pay us the following amounts as liquidated damages, which You accept as reasonable estimates of Netwrk Online damages for the specified breaches of this Agreement:
If You post Content in violation of this Agreement, You agree to promptly pay Netwrk Online Ten Thousand United States Dollars ($10,000.00 USD) for each item of Content posted in violation of this Agreement. We may (but shall not be required to) issue You a warning before assessing damages.
If You display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any Content in violation of this Agreement, You agree to pay One Thousand Dollars ($1,000 USD) for each item of Content displayed, copied, duplicated, reproduced, sold, re-sold or exploited in violation of this Agreement
If You use computer programming routines that are intended to aggregate records or reviews from the Service or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden our Website, You agree to pay Ten Thousand United States Dollars ($10,000.00 USD) for each review or record that is aggregated, disrupted, damaged or otherwise affected by You.
Except as set forth in the foregoing subsections (a) through (c), inclusive, You agree to pay the actual damages suffered by Netwrk Online including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this Agreement, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.
27. NOTICE
You agree that Netwrk Online may communicate any notices to You under this Agreement, through electronic mail, regular mail or posting the notices on the Website. All notices to Netwrk Online should be provided by sending a letter to Netwrk Online, Main Street, Bog Walk P.O. St. Catherine.
Netwrk Online will respond promptly to claims of copyright or trademark infringement that are reported. You can do so by mail, email (info.netwrkonline@gmail.com) or via phone call.
If You are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that Your work’s copyright or trademark has been infringed, please report Your notice of infringement to us by providing us with a written notification of claimed infringement that includes substantially the following:
a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Netwrk Online will investigate notices of copyright and trademark infringement and take appropriate action to resolve all issues amicably. Inquiries that do not follow this procedure may not receive a response.
28. ENTIRE AGREEMENT
This Agreement governs Your use of the Service and constitutes the entire agreement between You and Netwrk Online. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between You and Netwrk Online regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between You and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third party agreements do not interfere with Your obligations and duties to Netwrk Online under this Agreement.
29. GOVERNING LAW
This Agreement and the relationship between You and Netwrk Online will be governed by the laws of Jamaica notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where You may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the Jamaican Government or other courts located in Jamaica and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that Netwrk Online may elect, in its sole discretion, to litigate the action in the county or state where any breach by You occurred or where You can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to Your use of the Service or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
30. PROVISIONS REMAINING IN EFFECT
In the event Your Plan with Netwrk Online is terminated or lapses or You are no longer a user of Netwrk Online, certain provisions of this Agreement will continue to remain in effect. Such sections are determined at Netwrk Online’s sole discretion so as to protect against any breaches copyright or otherwise that has a direct effect on Netwrk Online.
31. MISCELLANEOUS
This Agreement may not be re-sold or assigned by You. If You assign, or try to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of Netwrk Online rights if Netwrk Online fails to enforce any of the terms or conditions of this Agreement against You. In the event a court finds a provision in this Agreement to not be valid, You and Netwrk Online agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between You and Netwrk Online as a result of this Agreement or use of the Service. You acknowledge and agree that each of the Released Parties shall be an intended third party beneficiary of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICE. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.