Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website.
Payment. If you purchase our paid subscription, you agree to pay us the applicable fees and taxes and specific to the paid subscription. Failure to pay these fees will result in the termination of your paid subscription. Also, you agree that:
Your purchase may be subject to foreign exchange fees or differences in prices based on location such as exchange rates.
We may store and continue billing your payment method even after it has expired, to avoid interruptions in your Services.
If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date.
Your subscription is for a one year period and will auto-renew on the anniversary date. The fee is charged annually and there is no refund as you agree to subscribe for the entire year. You may cancel the subscription for the following year 30 days before your subscription expires.
Information Sharing. Our Services allow sharing of information in many ways, such as your profile, reviews, links to news articles, and blogs. We may share your information with other users and professional services companies within our platform. Information and content that you share or post may be seen by other Members, Visitors or others. We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice. You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number). You agree to keep your profile and contact information up to date.
Disclaimer of Warranties. The Website is provided “as is”. Hindsyght hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant or guarantee that the information on this Site is accurate, current, or complete. This Site may contain technical inaccuracies or typographical errors. We assume no responsibility for updating this Site to keep information current or to ensure the accuracy or completeness of any posted information. We do not guarantee that your access to our site will be free from interruptions, errors, or harmful components. Accordingly, we do not assume any liability for these matters. You must confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters described in this Site.
Links to third-party sites. This Site may provide links or pointers to third-party Web sites and resources. The content in any linked websites is not under our control. Hindsyght is not responsible for the content, including any further links in a third party site. Hindsyght makes no representations, warranties, or other commitments whatsoever about any non-Hindsyght Web sites or third-party resources that may be referenced, accessible from, or linked to any Hindsyght site. You acknowledge and agree that Hindsyght is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness and accuracy or other materials on, or available from, such web sites.
Trademarks. The trademarks, service marks, trade names and logos used and displayed on our Site are our registered and unregistered trademarks. The name “Hindsyght” or our logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Site, without prior written permission.
Copyright. All content included on this Site, including any materials, documents, text, designs, graphics, logos, images, audio and video (“Content”) is the property of Hindsyght or its affiliates, and is protected by United States and international copyright laws. You may not utilize any trademark, logo, or other proprietary information (including images, text, page layout or form) without our prior express written permission.
Limits and Termination. Hindsyght reserves the right to limit your use of the Services. Hindsyght also reserves the right to restrict, suspend, or terminate your account if we believe that you may be in breach of this Contract or law or are misusing the Services. Both you and LinkedIn may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
Our rights to use and disclose your feedback;
Members and/or Visitors’ rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination;
Sections 4, 10, 11, 12, and 13 of this Contract;
Any amounts owed by either party prior to termination remain owed after termination.
You can contact Hindsyght support to close your account.
Limitation of Liability. In no event will Hindsyght, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, direct, indirect, incidental, consequential, or punitive damages; (ii) the cost of procurement for substitute products or services; or (iii) for interruption of use or loss or corruption of data; (iv) loss of opportunities, reputation, profits or revenues. Hindsyght shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law. In no event shall the liability of Hindsyght and its affiliates exceed, in the aggregate for all claims, an amount that is the lesser of (A) THREE times the most recent fee that you paid, or (B) US $1,000. The limitations on Hindsyght’s liability to you shall apply whether or not you have been advised of or should have been aware of the possibility of any such losses arising.
Indemnification You agree to indemnify and hold harmless Hindsyght, its affiliates, and its licensors, and any of our or their respective directors, officers, owners, employees and agents from and against any and all claims, liability, and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Miscellaneous. This Agreement constitutes the entire agreement between Hindsyght and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Hindsyght, or by the posting by Hindsyght of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Los Angeles County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Los Angeles, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Hindsyght may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.