Terms of service.
Venturous Terms of Service
By creating an account at http://venturous.work1 (the “Website”) or accessing or using our Services (described below) (whether or not you have registered), you are agreeing to enter into a legally binding contract (on the terms outlined in these Terms of Service) with Varsity Labs, Inc., a Delaware corporation, doing business as Venturous (“Venturous”, the “Company,” or “We”). If you are registering an account on behalf of the organization you work for or represent, by registering such account, you represent and warrant to us that you have the authority to bind your organization to these Terms of Service and agree that such organization will be bound hereby. If you do not agree to these Terms of Service, do not create an account or access or otherwise use any of our Services.
These Terms of Service apply to our Website and all services provided by us through the Website and any related apps, communications, or other services that we provide that refer to these Terms of Services (collectively, the “Services”).
As a user of our Services, the collection, use and sharing of your personal data is subject to our Privacy Policy. By using our Services, you agree to the Privacy Policy. You acknowledge that the Privacy Policy describes how we may use your information in connection with artificial intelligence in connection with providing the Services.
We may modify these Terms of Service and our Privacy Policy from time to time. If required by applicable law, we will provide with notice through our Services or by other means to provide you with the opportunity to review the changes before they become effective. If you object to any such changes, your sole remedy is to delete your account and cease all use of the Services. Your continued use of our Services after the effective date of any change in these Terms of Service means you have consented to such changes as of their effective date.
You must be 18 years of age to use our Services.
You agree not to register for more than one account with us, which must be in your real name. Creating an account with or otherwise providing false information to us or others via the Services is a violation of these Terms of Service and may result in the deletion of your account and other legal action.
You agree to protect your account from unauthorized access by others and will not share or transfer your account. You are responsible for anything that happens through your account.
Your account is a license to use our Services. Except as to content which you submit or post, which is addressed below, the account is not your property. We may terminate your account for any reason at any time. You agree that if we do so, we will not owe you anything for your account.
We may notify you regarding the Services (i) within the Services (e.g., on the Website) and/or (ii) via the contact information you provided when you registered. You agree to keep your contact information up to date.
Our services involve the sharing of information among users of our Services. For example, individual professionals may register for an account and access our Services to be placed on a part-time (fractional) or full-time basis with organizations seeking services from professionals with like-skills. Such individuals are referred to herein as “candidates.” Others may register as representatives of organizations seeking to identify candidates willing and able to provide needed skills to the organizations they represent. Such individuals are referred to herein as “representatives.” By registering for an account as a candidate or a representative, you agree that the information you provide about yourself and, in the case of representatives, about your organization, may be shared with other users of the Services. In the case of candidates this includes, for example, the information you provide about yourself that might be found on your professional resume. In the case of representatives, this includes, for example, the information you provide about your organization and the positions it is seeking to fill. For the avoidance of doubt, these Terms of Service apply equally to both candidates and representatives when accessing the Services unless otherwise specified.
As between Venturous and you (or the organization you represent, in the case of representatives), you own the content you submit or post to the Services. By submitting or posting such information, you grant us and our affiliates a non-exclusive, worldwide, transferable and sublicensable right to use, copy, modify, distribute, publicly perform and display, host, and process your content and other information without any further consent, notice and/or compensation to you or others, for any lawful purpose, subject to the Privacy Policy and the following. You can terminate the foregoing license by deleting the applicable content or closing your account, except to the extent (i) the content has been accessed via theServices by others (who may have downloaded or separately made or stored a copy), (ii) we are required by law to retain or share such content with others, (iii) to carry out the purposes and exercise the rights listed in these Terms of Service and/or the Privacy Policy, and (iv) as part of our standard archival processes. By submitting or posting such content, you represent and warrant that such content is complete and accurate and that you have the right to submit or post such content and that doing so will not violate the rights (including intellectual property rights) of any third party. We do not commit to retain any content or other information you have provided to us, except as may be required by law or in order to comply with the Privacy Policy.
We do not control the accuracy or completeness of information or content submitted or posted by others. We are not responsible to you if you or the organization you represent suffers any damage or liability in the event information or content submitted to Venturous by another user proves to have been inaccurate or incomplete, whether or not we were aware or could have determined such inaccuracy or incompleteness through an investigation. Venturous has no obligation to independently verify the information or content submitted or posted by users (but reserves the right to do so without obligation to other users).
We may change, suspend or discontinue any of our Services at any time without prior notice. We may also limit the availability of features, content and other information so that they are not available to all users.
Subject to your rights in the content you submit or post, we retain all rights, title and interest in and to all intellectual property rights in the Services and our Website.
You agree to comply with all applicable laws when accessing and using the Services, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, and other applicable law.
You will not use the Services to market third party products or services to other users. The Services are intended as a marketplace for candidates to be matched with the organizations representatives represent. Any other use by a user not approved in advance by Venturous is strictly prohibited. Any violation of the foregoing may result in the immediate suspension and/or deletion of your account and further legal action.
If as part of the Services you are required to pay any amounts to Venturous (for example, as a fee or subscription to access the Services) or another user (for example, in exchange for the services provided by such user), the following terms apply:
You agree to pay all applicable amounts and all taxes and other charges imposed by any governmental agency accruing in respect of such payments. You agree that we may calculate the taxes owed based on the address you provided with your billing information.
You agree that we may store the billing information you provide and/or share such information with a third party with which Venturous may have contracted to facilitate payments in connection with the Services. You agree to keep your payment information updated at all times. Failure to do so may result in a disruption to your access to the Services.
You agree that we may change our prices at any time.
If you purchase a subscription, you agree that we may automatically charge your form of payment at the start of each subscription period at the price then in effect.
If as part of the Services you are receiving payments (for example, in exchange for services provided to an organization that has registered for the Services via a representative), the following terms apply:
You agree that Venturous (or its third party designee) may cause all amounts payable to you to be directly credited via ACH to the account you specified when you registered.
You agree that Venturous is not responsible to pay you unless and until it has received payment from the organization from which such funds are to originate or if any such funds are reversed or clawed back by the funding source.
You agree that Venturous may withhold from any such payments any amounts required to be withheld by applicable law.
You agree that to the extent any amounts are deposited to your account in error, Venturous may automatically debit such account to the extent necessary to correct such error.
You agree that you are solely responsible for the payment of all income and other taxes that may accrue in respect of your receipt of such amounts.
You agree that neither your participation in the Services nor receipt of any such payments will be deemed to establish an employee/employer relationship between you and Venturous, nor does it qualify you for any benefits provided by Venturous to its employees.
You agree not to do any of the following in connection with your use of the Services:
Create a false identity, misrepresent your identity, or misrepresent or provide false information about yourself (including, in the case of candidates, with respect to your qualifications and experience) or the organization you represent, if a representative (which includes misrepresenting your authority to represent the organization you listed in your registration);
Develop, support or use software, devices, scripts, robots or any other means or processes (such as crawlers, browser plugins and add-ons or any other technology) to scrape or copy the Services, including profiles and other data from the Services;
Override any security feature or bypass or circumvent any access controls or use limits of the Services (such as search results, profiles, or videos);
Copy, use, display or distribute any information (including content) obtained from the Services, whether directly or through third parties (such as search tools or data aggregators or brokers), without the consent of Venturous;
Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer);
Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights;
Violate the intellectual property or other rights of Venturous;
Post (or otherwise share) anything that contains software viruses, worms, or any other harmful code;
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
Imply or state that you are affiliated with or endorsed by Venturous without our express consent;
Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without Venturous’ consent;
Deep-link to our Services for any purpose other than to promote your profile, without Venturous’ consent;
Use bots or other unauthorized automated methods to access the Services;
Engage in “framing”, “mirroring”, or otherwise simulating the appearance or function of the Services;
Overlay or otherwise modify the Services or their appearance;
Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, manipulating algorithms);
Use our Services to do anything that is unlawful, misleading, discriminatory, or fraudulent.
If you provide us with a link or other routing information concerning any third party service containing information about you (or the organization you represent) (for example, to your profile on LinkedIn or any similar website), you agree that we may access such third party service and the information contained therein about you and use such information to provide the Services, including making such information available to others via the Services, in all cases subject to our compliance with the terms of use imposed by such third party service. You agree that we do not control any such third party’s services or the accuracy of any information obtained from such third parties.
VENTUROUS AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, VENTUROUS AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
TO THE FULLEST EXTENT PERMITTED BY LAW, VENTUROUS, INCLUDING ITS AFFILIATES, WILL NOT BE LIABLE IN CONNECTION WITH THE SERVICES OR THESE TERMS OF SERVICE FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES. VENTUROUS AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS CONTRACT FOR ANY AMOUNT THAT EXCEEDS (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO VENTUROUS FOR THE SERVICES, IF ANY, OR (B) US $500. The limitations of liability in this Section 15 are part of the basis of the bargain between you and Venturous and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law) even if Venturous or its affiliates have been told of the possibility of any such damage, and even if these remedies fail their essential purpose. THESE LIMITATIONS OF LIABILITY DO NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY OR FOR FRAUD, GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT BY VENTUROUS. For the avoidance of doubt, Venturous is not responsible for any of the foregoing to the extent the result of any act or omission of a user.
These Terms of Service (and our contract formed hereby), and any dispute arising between us and you (and any organization you represent in the case of a representative), are governed by the laws of the State of Tennessee, excluding its conflicts of law provisions. Any and all claims and disputes arising out of our Services or these Terms of Service or the Privacy Policy will be litigated only in the federal or state courts located in Davidson County, Tennessee. By registering for an account or accessing or using the Website or our Services, you consent to the personal jurisdiction of such courts.
If a court with authority over our agreement finds any part of these Terms of Service or the Privacy Policy is unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of these Terms of Service and the Privacy Policy.
If we don't act to enforce a breach of these Terms of Service, that does not mean that Venturous has waived its right to enforce these Terms of Service. You may not assign or transfer your rights hereunder (or as to your account or use of Services) to anyone without our consent. However, you agree that we may assign our rights and obligations to our affiliates or a party that buys them without your consent. There are no third-party beneficiaries to these Terms of Service or the Privacy Policy.
If you delete your account (or your account is deleted) or you suspend or ceased to use the Services (or we suspend or terminate your access), these Terms of Service and the Privacy Policy will continue to apply as to rights and obligations that by their nature should survive the termination of our relationship with you (including, without limitation, provisions respecting the ownership of intellectual property, disclaimers, and limitations of liability).
Except to the extent we have signed a separate written agreement with you (or your organization, if you are a representative), these Terms of Service, together with the Privacy Policy, form the entire agreement between us regarding the Services, and together supersede all prior agreements. If we have signed a separate written agreement with you (or your organization), such agreement controls over these Terms of Service and the Privacy Policy to the extent of any conflict between them, but to the extent not in conflict, these Terms of Service and our Privacy Policy still apply.
If you believe any content posted or submitted by another user violates your rights (including rights of privacy or intellectual property rights) or otherwise violates these Terms of Service, please contact us at privacy@venturous.work.
The only way to provide legal notice to us is at the following address in writing:
Venturous
PO Box 50649
Nashville, TN 37205-0649
United States
Attn: Legal