Last revised May 10, 2018
interfaces and properties (e.g., websites) owned and controlled
by HarQen, LLC (“Company”), including the http://www.HarQen.com and
http://www.VoiceAdvantage.com websites (collectively, the “Site”), and (ii)
mobile applications (collectively,
the “App” and together with the Site, the “Service”). Your
your use of the Site and App. If you do not agree to be bound by the Terms of
Use, promptly exit the Site or App, as applicable, and refrain from any future
Shield Policy (http://harqen.com/policies/eu-privacy-shield.html) for a description of our privacy practices and policies.
YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION
for matters that may be taken to small claims court).
Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury
and your claims cannot be brought as a class action. Please review the Section
below entitled Dispute Resolution; Arbitration
Agreement for the
details regarding your agreement to arbitrate any
disputes with Company.
Ownership of the Site, App and Content
pages within the Site and App, all Content (as defined below), an and any other
material made available for use or download are the property of Company, or its
licensors or suppliers, as applicable. The Site and App are protected by United
States and international copyright and trademark
laws. The contents of the Site and App, including without limitation all data,
files, documents, text, photographs, images, audio, and video, and any
materials accessed through or made available for use or download through the Site and App (“Content”) may not be copied,
distributed, modified, reproduced, published or used, in whole or in part,
writing by Company. You may not frame or utilize framing
techniques to enclose, or deep link to, any name, trademarks, service marks,
logo, Content or other proprietary information (including images, text, page
layout, or form) of Company without our express written consent.
grants you a non-exclusive, non-sublicensable, non-transferable, revocable,
limited license to use the App and Company software related to the Service
solely on devices that you own or manage. You represent and warrant to us that you have the right to install and operate
the App on such devices you are using. You may not remove, obscure, modify or
disable any proprietary notices of Company on any part of the Service. You
may not use the Service for any purpose that is
illegal or potentially harmful to
another party, including Company. You may not sell, sublicense, assign or
otherwise transfer the Service to any third party for any reason. Any rights
not expressly granted herein are reserved by Company.
connection with providing the Service, Company may elect to update the software
of the App at any time. These updates may include bug fixes, feature
enhancements or improvements, or entirely new versions of software. You agree
that Company may automatically deliver such updates
to you as part of the Service and you shall receive and install them as
required, and you acknowledge and agree that the Service, or portions thereof
may not properly operate should you fail to do so. You further agree that all updates will be deemed part of the Service and will be
Third Party Content
Service may contain or otherwise incorporate the use of portions of content
privacy policies may apply to your use of any such content. Company does not
endorse such third-party content
and in no event shall Company be responsible or liable for any products,
software or services of such third party
Network Access; Text Messaging; Service Provider
responsible for obtaining the data network access necessary to use the Service.
You acknowledge that the terms of any agreement with your respective mobile
network provider will continue to apply when using the Service with your
wireless-enabled mobile device.
By using the
Service, providing your cellular telephone number in
connection therewith, and
consenting to receiving periodic text messages, you consent to receive periodic text messages
regarding the Service. With respect to all SMS/text messages sent by Company, message and data rates of your mobile network
provider may apply. You accept responsibility for any such
charges that arise. If you do not respond to any text
message sent by Company, Company will stop sending future text messages without consent by you. For assistance, please Contact Us at email@example.com.
responsible for acquiring and updating compatible hardware or devices necessary
to access and use the Service and any updates thereto. Company does not
guarantee that the Service, or any portion thereof,
will function on any particular hardware or devices. In addition, the Service
may be subject to malfunctions and delays inherent in the use of the Internet
and electronic communications.
Site and App Access, Security and Restrictions; Passwords
prohibited from violating or attempting to violate the security of the Service,
including, without limitation, (a) accessing data not intended for such user or
logging onto a server or an account which the user is not authorized to access;
or (b) attempting to probe, scan or test the
vulnerability of a system or network or to breach security or authentication
measures without proper authorization; or (c) accessing or using the Service or
violate any applicable law pertaining to the recording of telephone
not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site or
App, deep-link to any feature or content on the Site or App, bypass our robot
exclusion headers or other measures we may use to prevent or restrict access to
the Site or App.
not, and you agree that you will not permit any third
party to, decompile, disassemble, or reverse engineer any object code that is
part of the App, or attempt to reverse engineer, reconstruct, identify, or
discover any source code of any such software, the structure, sequence, or organization of such source code or any
algorithms, methods, or models contained therein.
of system or network security may result in civil or criminal liability.
Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement
authorities in prosecuting users who are involved in such violations. You agree
not to use any device, software or routine to interfere or attempt to interfere
with the proper working of the Service or any
activity being conducted on or through the Site or App.
to use certain aspects of the Service, you must register for and maintain an
active personal user account (an “Account”). You
agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate,
complete, and up-to-date Account information may result in your inability to
access and use the Service. You are responsible for all activity that occurs
under your Account, and you agree to maintain the
security and secrecy of your Account username and password at all times. You
agree to access the Service using only the username and password associated
with your Account. Unless otherwise permitted by Company in writing, you may
only possess one. Account registration requires you to submit to Company certain
personal information, such as your name, a password and your email address. You
agree to protect the confidentiality of your Account login information, and not
to share or disclose your such information to any
third party. You agree that you are fully responsible for all activity
occurring under your Account. Your access to the Service may be revoked by
Company at any time with or without cause. You agree to defend, indemnify and
hold Company harmless from and against all third-party claims,
damages and expenses (including reasonable attorneys’ fees) against or incurred
applicable law, your use or access of the Service, or access by anyone accessing the Service using your Account.
Accuracy and Integrity of Information
Company attempts to ensure the integrity and accuracy of the Site and App, it
makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site, App and Content
thereon. It is possible that the Site or App could include typographical
errors, inaccuracies or other errors, and that unauthorized additions,
deletions and alterations could be made to the Site or App by third parties. In the event that an inaccuracy arises,
please inform Company so that it can be corrected. Company reserves the right
to unilaterally correct any inaccuracies on the Site or App without notice.
Information contained on the Site or App may be
changed or updated without notice. Additionally, Company shall have no
responsibility or liability for information or Content posted to the Site or
App from any non-Company affiliated third party.
Termination of Access; Removal of Content or Features
In addition to any right or remedy
suspend, limit or terminate your Account, or all or a portion of your access to
is necessary to prevent harm to any party or liability to Company.
right to change, suspend, remove or disable access to
any Content, features or other materials comprising a part of the Service at
any time without notice. In no event will Company be liable for the removal of
or disabling of access to any such Content, features or materials.
or App may include inaccuracies or errors. In
particular, Company does not guarantee the accuracy of, and disclaims all
liability for any errors or other inaccuracies relating to the information
and description of an interview opportunity displayed by or otherwise accessible in connection with the
Service. In addition, Company expressly reserves the right to correct any
pricing errors or descriptions on the Site or App.
If you are a business who has contracted for our Services, then you
may be able to purchase our Services through the Site and App. We will collect your payment information and
immediately transmit such information to Authorize.net to process your payment
for our Services, and such transaction will be subject to any terms and
information on our systems.
represent and warrant that if you provide payment
information to Authorize.net linked
from our Site or App that (i) any
credit card, debit card and bank account information you supply is true,
correct and complete, (ii) charges incurred by you will be honored by your
credit/debit card company or bank, (iii) you will pay
the charges incurred by you in the amounts posted, including any applicable
taxes, and (iv) you are the person in whose name the card was issued and you
are authorized to make a purchase or other transaction with the relevant credit card and
credit card information.
Export Policy and Restrictions
acknowledge that the App and Content which are licensed in connection with the
Service, include technology and software and are subject to the customs and
export control laws and regulations of the United States of America and may
also be subject to the customs and export laws and
regulations of the country in which you obtained the App or Content. By
downloading or using technology or software in connection with the Service,
including the App, you agree to abide by the applicable laws, rules and regulations - including, but not limited to the Export
Administration Act and the Arms Export Control Act - and you represent and
warrant that you will not transfer, by electronic transmission or otherwise,
the software or technology, including the App, to a foreign national or a foreign destination in violation of the law, or to any
person who otherwise is forbidden from receiving such software or technology,
including the App, under the Export Administration Regulations or any economic
sanctions maintained by the U.S. Department of
Treasury. U.S. antiboycott regulations, or U.S. economic sanctions, including
the export and antiboycott restrictions found in the Export Administration
Regulations or the sanctions regulations administered by the U.S. Office of Foreign Assets Control. You shall indemnify and hold harmless
Company from all claims, demands, damages, costs, fines, penalties, attorneys’
fees and all other expenses arising from your failure to comply with this
provision and/or applicable export control, antiboycott,
or economic sanctions laws and regulations.
Links to Other Sites
makes no representations whatsoever about any other website that you may access
through this Site and App. When you access a non-Company website, please
understand that it is independent from Company, and
that Company has no control over the content on that website. In addition, a
link to a non-Company website does not mean that Company endorses or accepts
any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that
whatever you select for your use or download is free of such items as viruses,
worms, Trojan horses, and other items of a destructive nature. If you decide to
access any of the third party
websites linked to the Site or App, you do this
entirely at your own risk.
User Generated Content, Reviews, Feedback and other
Postings to the Site or App
submit, upload or post any comments, ideas, suggestions, information, files,
videos, images, audio, documents, responses to
questions or other materials to us or the Site or App (“User
Generated Content”), you agree not to provide any User Generated Content that
(1) is defamatory, abusive, libelous, unlawful, obscene, threatening,
harassing, fraudulent, pornographic, or harmful, or
that could encourage criminal or unethical behavior, (2) violates or infringes
the privacy, copyright, trademark, trade dress, trade secrets or intellectual
property rights of any person or entity, (3) contains or transmits a virus or any other harmful component, or (4)
is inaccurate (when facts are stated) or insincere (when opinions are stated). You
agree not to contact other Service users through unsolicited e-mail, telephone
calls, mailings or any other method of communication.
You represent and warrant to Company that you have the legal right and
authorization to provide all User Generated Content to Company for the purposes
and Company’s use as set forth herein. Subject
to applicable laws and regulations, Company shall have a royalty-free, irrevocable, transferable right and
license to use the User Generated Content in whatever manner Company desires,
including without limitation, to copy, modify, delete in its entirety, adapt,
publish, translate, create derivative works from
and/or sell and/or distribute such User Generated Content and/or incorporate
such User Generated Content into any form, medium or technology throughout the
world. Company is and shall be under no obligation (1) to maintain any User
Generated Content in confidence; (2) to pay to you
any compensation for any User Generated Content; or (3) to respond to any User
Generated Content. You agree that you shall be solely responsible
for all User Generated Content that you submit, add, upload, post or otherwise
communicate through the Service, even if a claim
should arise after termination of your use of the Service.
does not regularly review posted User Generated Content, but does reserve the
right (but not the obligation) to monitor and edit or remove any User Generated Content submitted to the Site or App. You
grant Company the right to use the name that you submit in connection with any
User Generated Content. You agree not to use a false email address, impersonate
any person or entity, or otherwise mislead as to the
origin of any User Generated Content. You are and shall remain solely
responsible for the content of any User Generated Content you make. Company and
its affiliates take no responsibility and assume no liability for any User
Generated Content submitted by you or any third
agree to defend, indemnify and hold Company harmless from and against all third-party claims,
damages and expenses (including reasonable attorneys’ fees) against or incurred
by Company arising out of any User Generated Content
you post or allow to be posted to the Site or App.
Claims of Copyright Infringement
disclaim any responsibility or liability for copyrighted materials posted to
the Site or App. If you believe that
your work has been copied in a manner that
constitutes copyright infringement, please follow the procedures set forth
respects the intellectual property rights of others and expects its users to do
the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will
respond promptly to notices of alleged infringement that are reported to
Company’s Designated Copyright Agent, identified below.
Notices of Alleged Infringement for
Content Made Available on or through the Site or App
If you are a copyright owner, authorized
to act on behalf of one, or authorized to act under any exclusive right under
copyright, please report alleged copyright infringements taking place on or
through the Site or App by sending us a notice ("Notice") complying
with the following requirements.
1. Identify the copyrighted works that
you claim have been infringed.
2. Identify the material or link you
claim is infringing (or the subject of infringing activity) and that access to
which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or location on the
App where such material may be found or a description of where in the App such
material may be found.
3. Provide your mailing address,
telephone number, and, if available, email address.
4. Include both
of the following statements in the body of the Notice:
"I hereby state that I have a good
faith belief that the disputed use of the copyrighted material is not
authorized by the copyright owner, its agent, or the law (e.g., as a fair
"I hereby state
that the information in this Notice is accurate and, under penalty of perjury,
that I am the owner, or authorized to act on behalf of the owner, of the
copyright or of an exclusive right under the copyright that is allegedly
5. Provide your
full legal name and your electronic or physical signature.
Deliver this Notice, with all items
completed, to our Copyright Agent:
Attn: Copyright Agent
300 N. Corporate Dr., Suite 340
Brookfield, WI 53045, USA
Disclaimer of Site
and App Warranties
DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE OR APP WILL BE UNINTERRUPTED
OR ERROR-FREE OR THAT DEFECTS IN THE SITE OR APP WILL BE CORRECTED. COMPANY
DOES NOT WARRANT THAT THE SITE OR APP WILL BE COMPATIBLE WITH ANY PARTICULAR
HARDWARE OR SOFTWARE PLATFORM. THE SITE AND APP,
INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN EACH OR ANY SITE-RELATED
OR APP-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION,
QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THE
ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION
OBTAINED THROUGH THE SITE OR APP.
ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE APP,
SITE-RELATED AND APP-RELATED SERVICES, AND LINKED WEBSITES. COMPANY DOES NOT
WARRANT THAT ANY FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN
HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING
PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
Limitation of Liability Regarding Use of Site and App
AND ANY THIRD PARTIES MENTIONED ON THE SITE OR IN THE
APP ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING
IN ANY WAY TO THE SITE, THE APP, SITE-RELATED OR APP-RELATED SERVICES, CONTENT
OR INFORMATION CONTAINED WITHIN THE SITE, THE APP, AND/OR ANY LINKED WEBSITE,
WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY
OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, THE APP,
SITE-RELATED AND APP-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING
THE SITE, THE APP AND/OR SUCH SERVICES. TO THE EXTENT
ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE
MAXIMUM AGGREGATE LIABILITY OF COMPANY TO YOU WITH RESPECT TO YOUR USE OF THE
SERVICE IS $100 (ONE HUNDRED DOLLARS).
17. Dispute Resolution; Arbitration Agreement.
We will try work in good faith to
resolve any issue you have with the Service if you bring that issue to the
attention of our customer service department. However, we realize that there
may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.
You and Company agree that any dispute,
claim or controversy arising out of or relating in any way to these Terms of
Use or your use of the Service shall be determined by binding arbitration
instead of in courts of general jurisdiction.
Arbitration is more informal than bringing a lawsuit in court. Arbitration uses
a neutral arbitrator instead of a judge or jury and is subject to very limited
review by courts. Arbitration allows for more limited discovery than in court,
however, we agree to cooperate with each other to
agree to reasonable discovery in light of the issues involved and amount of the
claim. Arbitrators can award the same damages and relief that a court can
award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in
court, including without limitation, the law on punitive damages as applied by
the United States Supreme Court. You agree that, by agreeing to these Terms of
Use, the U.S. Federal Arbitration Act governs the
interpretation and enforcement of this provision, and that you and Company are
each waiving the right to a trial by jury or to participate in a class action.
any other contractual relationship between you and
If you desire to assert a claim against
Company, and you therefore elect to seek arbitration, you must first send to
Company, by certified mail, a written notice of your claim
("Notice"). The Notice to Company should be
addressed to: HarQen, LLC, 300 N. Corporate Dr., Suite
340, Brookfield, WI 53045, USA ("Notice Address"). If
Company desires to assert a claim against you and therefore elects to seek
arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or
otherwise in our records for you. A Notice, whether sent by you or by Company,
must (a) describe the nature and basis of the claim or dispute; and (b) set
forth the specific relief sought ("Demand"). If Company and you do not reach an agreement to resolve the
claim within 30 days after the Notice is received, you or Company may commence
an arbitration proceeding or file a claim in small claims court. During the
arbitration, the amount of any settlement offer made
by Company or you shall not be disclosed to the arbitrator. You may download or
copy a form Notice and a form to initiate arbitration from the American
Arbitration Association at www.adr.org. If you are required to pay a filing
fee, after Company receives notice at the Notice
Address that you have commenced arbitration, it will promptly reimburse you for
your payment of the filing fee, unless your claim is for more than US $10,000.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related
Disputes (collectively, "AAA Rules") of the American Arbitration
administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or
by requesting them from us by writing to us at the Notice Address. The
arbitrator to decide, including issues relating to
agreement. Unless Company and you agree otherwise, any arbitration hearings
will take place in the county (or parish) of your billing address. (If you
reside outside of the United States, any arbitration
hearings will take place in your country of residence at a location reasonably
convenient to you but will remain subject to the AAA Rules including the AAA
rules regarding the selection of an arbitrator). If your claim is for US $10,000 or less, we agree that you may choose whether
the arbitration will be conducted solely on the basis of documents submitted to
the arbitrator, through a telephonic hearing, or by an in-person hearing as
established by the AAA Rules. If your claim exceeds
US $10,000, the right to a hearing will be determined by the AAA Rules.
Regardless of the manner in which the arbitration is conducted, the arbitrator
shall issue a reasoned written decision sufficient to explain the essential
findings and conclusions on which the award is based.
If the arbitrator issues you an award that is greater than the value of
Company’s last written settlement offer made before an arbitrator was selected
(or if Company did not make a settlement offer before an arbitrator was selected), then Company will pay you the amount of the
award or US $1,000, whichever is greater. Except as expressly set forth herein,
the payment of all filing, administration and arbitrator fees will be governed
by the AAA Rules. Each party shall pay for its own
costs and attorneys' fees, if any. However, if any party prevails on a
statutory claim that affords the prevailing party attorneys' fees, or if there
is a written agreement providing for payment or recovery attorneys’ fees, the
arbitrator may award reasonable fees to the
prevailing party, under the standards for fee shifting provided by law.
YOU AND COMPANY AGREE THAT EACH MAY
BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT
AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS
OR REPRESENTATIVE PROCEEDING. Further, unless both you and Company agree
otherwise, the arbitrator may not consolidate more than one person's claims
with your claims and may not otherwise preside over any form of a
representative or class proceeding. The arbitrator
may award declaratory or injunctive relief only in favor of the individual
party seeking relief and only to the extent necessary to provide relief
warranted by that party's individual claim.
If this Agreement to Arbitrate provision is found to be unenforceable, then (a) the entirety of this
arbitration provision shall be null and void, but the remaining provisions of
jurisdiction and venue for any claims will be in
state or federal courts located in and for Milwaukee,
Additional Apple Terms
The following additional terms and
conditions apply with respect to the Service if used on an Apple iOS-powered
mobile device (“iOS App”):
are concluded between you and Company only, and not with Apple. Company, and
not Apple, is solely responsible for Company’s iOS App and the services and
Content available thereon.
You agree that your license to use the
iOS App is limited to an Apple iOS-powered mobile device that you own or
control and that your use of Company’s iOS App shall be subject to the Usage
Rules set forth in Apple’s then-current App Store Terms of Service.
You and Company agree that Apple shall
have no obligation to provide maintenance and support services with respect to
Company’s iOS App.
To the maximum extent permitted by
applicable law, Apple will have no warranty obligation whatsoever with respect
to Company’s iOS App.
You agree that Company, and not Apple, is
responsible for addressing any claims by you or any third party relating to
Company’s iOS App or your possession and/or use of Company’s iOS App,
including, but not limited to: (i) product liability
claims; (ii) any claim that the iOS App fails to conform to any applicable
legal or regulatory requirement; and (iii) claims arising under consumer
protection or similar legislation.
You agree that Company, and not Apple,
is responsible for the investigation, defense, settlement and discharge of any
third party intellectual property infringement claim related to Company’s iOS
App or your possession and use of Company’s iOS App.
You represent and warrant that (i) you are not located in a country that is subject to a
U.S. Government embargo, or that has been designated by the U.S. Government as
a “terrorist supporting” country; and (ii) you are not listed on any U.S.
Government list of prohibited or restricted parties.
Company agree that Apple and Apple’s subsidiaries are third party beneficiaries
as a third-party beneficiary thereof.
Additional Google Play Terms
The following additional terms and
conditions apply with respect to the Service if used on an Android-powered
mobile device (“Android App”):
are concluded between you and Company only, and not with Google, Inc.
Google, is responsible for the Android App and the services and Content
You agree that your use of the Android
App shall be subject to the then-current Google Play Terms of Service.
Google Inc., as provider of Google Play,
shall have no obligation or liability to you with respect to Android App or
You acknowledge and agree that Google is
Company agree that Google and Google’s
Company’s Android App. Upon your acceptance of the Terms
of Use, Google will
have the right (and will be deemed to have accepted the right) to enforce the
reserves the right, in its sole discretion, to terminate your access to all or part of the Service, with or without cause, and with or
or other tribunal of competent jurisdiction to be unenforceable, such
provisions shall be limited or eliminated to the minimum
Company and you pertaining to the subject matter hereof. In its sole
discretion, Company may from time-to-time revise
may be superseded by expressly designated legal notices or terms located on
particular pages within the Site or App.