TERMS AND CONDITIONS OF USE OF
Connection2Collections.com is delighted that you are interested in participating in its website! Connection2Collections.com serves as an on-line community for its users and provides information and resources about the collections industry. It also provides an online space for organizations to post employment opportunities and for candidates to market themselves. By using this site, you agree to comply with and be bound by the following terms and conditions. Please review these terms and conditions carefully. If you do not agree to them, you should not use or participate in Connection2Collections.com (the “Site”).
1. Agreement. This Agreement (“the “Agreement”) specifies the terms and conditions for your access to and use of the Site. Connection2Collections.com may modify this Agreement at any time, effective upon its posting the change on the Site. You can view the most recent version of these terms at any time at Connection2Collections.com/Terms. Each use by you of the Site shall constitute and be deemed your unconditional acceptance of this Agreement. If you do not agree to any changes to the Agreement, you shall immediately terminate your account, as directed in Paragraph 19, below.
4. Ownership Rights to Site Content. Except for content and information included on a user’s profile or added by a user, all information and content included on the Site is and shall continue to be the property of Connection2Collections.com or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use, or publication by you of any content or information not owned by you is prohibited. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
5. Independent Verification; Third Party Websites. Connection2Collections.com does not independently verify the users or the accuracy or ownership of any information or content that is used to create a profile, included in a profile, or posted on the Site. For example, Connection2Collections.com does not verify the legitimacy of any user, the employment history of any individual user, the description of any organization user, or the viability of any employment posting. You shall verify any information upon which you rely. If you believe any of the information about a particular user or posted by a particular user is incorrect, you should contact Connection2Collections.com as directed under Paragraph 23, below, and Connection2Collections.com will inform the user of the allegation without identifying you. Connection2Collections.com has no control over and no responsibility for any independent websites to which you might be taken through links on the Site or for any advertisements that are included on the Site. Those links are provided for your convenience only and you access them at your own risk.
6. Indemnification You shall indemnify, defend and hold harmless Connection2Collections.com, its officers, directors, affiliates, employees, agents and representatives from any and all damages, liabilities and costs, including reasonable attorneys’ fees, that arise from or relate to your use of the Site or your violation of this Agreement. Connection2Collections.com will notify you promptly of any such claim, loss, liability, or demand.
7. 2Score. Connection2Collections.com provides each individual user of the Site with a “2Score.” A user’s 2Score is determined by Connection2Collections.com in its sole and absolute discretion taking into account factors, such as years of experience, the number of aptitude tests (described below) taken and the user’s scores on aptitude tests, colleague and employer endorsements, amount of activity on the profile, completeness of the profile, and whether the user has sponsored his or her profile by payment of a fee. In addition, the 2Score will take into account whether the individual is a “Connection2Collections.com Certified Collection Professional”, as that designation is defined from time to time by Connection2Collections.com. The 2Score is meant to be helpful for users of the Site, and is not: (i) a representation of the experience or knowledge or lack thereof of a particular user; (ii) a guarantee of a user’s competence or ability; or (iii) an indicator of employment success. Individual users understand that by establishing an account with Connection2Collections.com, they will be assigned a 2Score, which will be viewed by other users.
8. User Tests. Connection2Collections.com provides aptitude tests regarding compliance with national laws affecting the collections industry. The tests and answers are updated on a regular basis and are intended to reflect the most current law, but it is possible the test and answers will contain inaccuracies or will contain answers that are incorrect under applicable state laws. Users shall not rely on the answers provided by Connection2Collections.com and shall verify the accuracy of all answers and information provided through these tests. Users will be able to review their answers and scores to individual aptitude test, but a user’s scores and answers will not be shared with other users. If a user disputes, or has a question about, an answer on an aptitude test, the user should contact Connection2Collections.com as provided in Paragraph 23, below.
9. Payment of Fees. Some users may be required to pay a subscription fee to create an account and access the services on the Site. You hereby authorize Connection2Collections.com and its merchant provider to charge your credit or debit card in advance for all applicable fees incurred by you for the services you have chosen to use. You are solely responsible for all charges, assessments, fees, duties, and taxes arising out of the use of your account by you or anyone else using your account. Connection2Collections.com may change or add to its fees or charges at any time; however, such new or changed fees or charges shall not take effect earlier than 30 days after notice to users. Your subscription will be automatically renewed each month, unless notified by you that you would like to terminate your account. If your account is terminated in accordance with Paragraph 19, Connection2Collections.com will not refund for any unused time or services, but it will cease charging for renewals. If you have a balance due on your account, Connection2Collections.com may charge these unpaid fees to your credit card. You shall notify Connection2Collections.com if your credit or debit card has changed or expired or if your credit or debit card account has been lost or stolen.
10. Intended Audience. This Site is intended for adults and other individuals over the age of 13 who are authorized to work in the United States. You hereby represent that: (i) you are at least 18 years of age; or (ii) if you are under the age of 18, your parent or guardian is supervising your use of the Site.
11. Trademarks. Connection2Collections.com and Connection2Collections are either trademarks or registered trademarks of Connection2Collections.com. Other product and company names mentioned on this Site may be trademarks of their respective owners.
12. Site Use; Mobile Devices. Connection2Collections.com grants you a limited, revocable, nonexclusive license to use this Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You shall not: (i) copy materials on the Site that are not owned by you; (ii) attempt to log on through an account other than your own, (iii) harass any other user; (iv) post content that is pornographic, hate speech, threatening, or violent; or (v) use the Site to contact a user other than through the methods set forth in that user’s profile. You shall not take any action to disrupt the Site, including without limitation attempting to interfere with the Site’s security measures, overloading the Site’s network, or uploading viruses to the Site. You shall protect your password to your user profile from unauthorized use. If you use the Site through a mobile device, such as a cell phone, your carrier might charge for this service, and information about you and your data might be shared between your carrier and Connection2Collections.com. You shall notify Connection2Collections.com immediately if you change your mobile device phone number.
13. Use of Site; Reporting Violations. You shall comply with all applicable laws regarding your use of the Site. In addition, you shall use the Site for the purposes for which it is intended, and not as a vehicle to threaten, harass or intimidate any person. If you believe any user is violating the terms of this Agreement, you should contact Connection2Collections.com as directed in Paragraph 23, below. However, you acknowledge and agree that Connection2Collections.com shall have no liability for the violation of this Agreement by any user.
THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. CONNECTION2COLLECTIONS.COM DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
CONNECTION2COLLECTIONS.COM DOES NOT GUARANTEE THAT ITS SITE WILL BE SECURE OR THAT IT WILL ALWAYS OPERATE AS INTENDED. CONNECTION2COLLECTIONS.COM IS NOT RESPONSIBLE FOR ANY ACTIONS TAKEN OR CONTENT OR INFORMATION POSTED BY ITS USERS OR ANY THIRD PARTIES, AND YOU HEREBY RELEASE CONNECTION2COLLECTIONS.COM FROM ANY SUCH LIABILITY. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU, AND IN THAT CASE, CONNECTION2COLLECTIONS.COM’S LIABILITY SHALL BE LIMITED TO THE FULL EXTENT UNDER APPLICABLE LAW.
15. Limitation of Liability.
UNDER NO CIRCUMSTANCES WILL CONNECTION2COLLECTIONS.COM BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
16. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site is Nicholas Becerra, who can be reached as follows:
PO Box 232495
San Diego, CA 92193
17. Applicable Law. This Agreement shall be construed, governed, interpreted, and applied in accordance with the laws of the State of California without reference to any doctrine of conflict of laws.
18. Severability. If any provision of this Agreement is adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
19. Termination. Connection2Collections.com may terminate this Agreement at any time, with or without notice, for any reason, including without limitation failure to pay any amounts for services when due. You may terminate your account at any time by notifying Connection2Collections.com as set forth in Paragraph 23, below. The following paragraphs of this Agreement shall survive termination: 4, 6, 9, 14, 15, 17, and 20.
20. Dispute Resolution. The parties irrevocably consent and submit to the exclusive jurisdiction of any state or federal court within the County of San Diego, California, for the interpretation and enforcement of this Agreement, and they irrevocably waive any objection they might have to venue in the defense of an inconvenient forum 2
21. Entire Agreement. This Agreement contains the entire understanding between you and Connection2Collections.com and supersedes any prior agreements between us. No modification of this Agreement or waiver of any of its provisions shall be binding unless in writing.
22. Assignment. This Agreement may not be assigned by you without our consent, and may be assigned by us as part of a sale or merger of all or part of our business. This Agreement shall confer no rights to any third party beneficiaries.
23. Contact Information.
HOW TO CONTACT US:
PO Box 232495
San Diego, CA 92193
Effective: February 1, 2014