AdaMarie Terms of Use
Effective August 9, 2024.
These are the Terms of Use (“Terms”) under which all individuals creating a profile, seeking employment, and/or information related to an employment or job search (“Job Seekers”), and organizations seeking to provide information and to search for individuals regarding open employment positions, including employment agencies (“Employers”) or other users (collectively, “Users”) may use the AdaMarie Sites and the AdaMarie Services (each as defined below). These Terms include the AdaMarie Privacy Notice (“Privacy Notice”), which is incorporated into these Terms by reference.
These Terms constitute a binding agreement between each Job Seeker, Employer or other User (“You” or “Your”) and Ada-Marie, Inc. (doing business as AdaMarie), including but not limited to its subsidiaries and affiliated companies (collectively "AdaMarie"). Affiliated companies are entities that control, are controlled by, or are under common control with Ada-Marie, Inc. These Terms, including the Privacy Notice, are deemed accepted by You each time that You use or access any AdaMarie Sites or AdaMarie Services. If You do not accept the Terms stated here, do not use the AdaMarie Sites and the AdaMarie Services. AdaMarie may revise these Terms at any time by posting an updated version to this URL. You should visit this URL periodically to review the most current Terms because they are binding on You.
1. Use of the AdaMarie Sites.
The AdaMarie Sites are defined as any websites under AdaMarie’s control, whether partial or otherwise (including, without limitation, ada-marie.com, weareadamarie.com, or any other website from which these Terms of Use were accessed). You must be 13 years of age or older to visit or use any AdaMarie Site in any manner, and, if under the age of 18 or the age of majority as that is defined in Your jurisdiction, must use any AdaMarie Site under the supervision of a parent, legal guardian, or other responsible adult. The compilation (meaning the collection, arrangement and assembly) of all content on the AdaMarie Sites is the exclusive property of AdaMarie or our licensors and is protected by copyright, trademark, and other laws. When You register with any AdaMarie Site, You will create an account and provide AdaMarie with certain information including, without limitation, name, email, phone number, address, work history, level of experience and other CV data (“Information”).
The AdaMarie Sites also allow Job Seekers to create individual profiles (“Profiles”), which may include personal information, and Profiles. If You create a Profile, it will be public to potential employers accessing the platform. Any Profile You submit must be accurate and describe You, an individual person.
2. Use of AdaMarie Content.
AdaMarie authorizes You, subject to these Terms, to access and use the content within the AdaMarie Sites, such as designs, text, graphics, images, video, data, information, logos, button icons, software, audio files and other AdaMarie content (collectively, “AdaMarie Content”) and to download and print a single copy of the AdaMarie Content available on or from the AdaMarie Sites solely for Your personal use. The AdaMarie Content is protected under copyright, trademark and other laws. All AdaMarie Content is the property of AdaMarie or its licensors. Unauthorized use of the AdaMarie Content may violate these laws and/or applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademark, service mark and other proprietary notices contained in the original AdaMarie Content on any authorized copy You make of the AdaMarie Content.
Any code that AdaMarie creates to generate or display any AdaMarie Content or the pages making up any AdaMarie Site is also protected by AdaMarie’s copyright, and You may not copy or adapt such code.
You agree not to sell or modify the AdaMarie Content or reproduce, display, publicly perform, distribute, or otherwise use the AdaMarie Content in any way for any public or commercial purpose, in connection with products or services that are not those of the AdaMarie Sites, or in any other manner that is likely to cause confusion among consumers, that disparages or discredits AdaMarie or its licensors, that dilutes the strength of AdaMarie’s or its licensor’s property, or that otherwise infringes AdaMarie’s or its licensor’s intellectual property rights. You further agree to in no other way misuse AdaMarie Content. The use of the AdaMarie Content on any other application, website or in a networked computer environment for any purpose is prohibited.
3. Use of the AdaMarie Services.
The AdaMarie Services are defined as the products, applications and services offered by AdaMarie to Job Seekers and Employers, including an online service to post and search employment opportunities and any mobile application or other interface that allows You to access such application (collectively, “AdaMarie Services”).
The AdaMarie Services, including but not limited to, access to (a) ads listing employment opportunities (“ Posts”), and (b) a license for access to a database of resumes (if applicable), which may include access to resumes including veteran and diverse candidates (“Resume Database”) and other services offered through the AdaMarie Sites. Employers use of the AdaMarie Services is also subject to any Master Services Agreement, Sales Order, Statement of Work, or other contract an Employer may have with AdaMarie (collectively the “Contract”). In the case of any conflict between these Terms and a Contract you have with AdaMarie, the terms of your Contract will prevail.
You are responsible for maintaining the confidentiality of Your account and passwords, as applicable. You may not share Your password or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of Your AdaMarie Site registrations and passwords, whether or not authorized by You. You agree to immediately notify AdaMarie of any unauthorized use of Your account or passwords.
All AdaMarie Users agree to not:
(a) transmit, post, distribute, store or destroy material, including without limitation AdaMarie Content, in violation of any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information, or in breach of AdaMarie’s Privacy Notice;
(b) take any action that imposes an unreasonable or disproportionately large load on any AdaMarie Site's infrastructure;
(c) use any device to navigate or search any AdaMarie Site other than the tools available on the Site, generally available third-party web browsers, or other tools approved by AdaMarie;
(d) use any data mining, robots, spiders or other similar data gathering or extraction methods;
(e) violate or attempt to violate the security of any AdaMarie Site including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(f) forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
(g) reverse engineer or decompile any parts of any AdaMarie Site;
(h) aggregate, copy or duplicate in any manner any of the AdaMarie Content or information available from any AdaMarie Site, including expired Posts, other than as permitted by these Terms;
(i) frame or link to any AdaMarie Content or information available from any AdaMarie Site, unless permitted by these Terms;
(j) post any content or material that promotes or endorses false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by these Terms, such as making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses or pirating media;
(k) post any resume or profile or apply for any job on behalf of another party;
(l) refer any contact from an employer to any agent, agency, or other third party;
(m) set more than one copy of the same resume to public at any one time;
(n) share with a third party any login credentials to any AdaMarie Site;
(o) access data not intended for You or logging into a server or account which You are not authorized to access;
(p) post or submit to any AdaMarie Site any incomplete, false or inaccurate biographical information or information which is not Your own;
(q) with respect to employers, post content that contains restricted or password-only access pages, or hidden pages or images;
(r) solicit passwords or personally identifiable information from other Users;
(s) delete or alter any material posted by any other person or entity;
(t) harass, incite harassment or advocate harassment of any group, company, or individual;
(u) send unsolicited mail or email, make unsolicited phone calls or send unsolicited texts, tweets or faxes unrelated to employment opportunities (i.e. promoting and/or advertising products or services) to any User, or contact any users that have specifically requested not to be contacted by You;
(v) attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any AdaMarie Site, overloading, "flooding", "spamming", "mailbombing" or "crashing";
(w) promote or endorse an illegal or unauthorized copy of another person's copyrighted work, such by as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files; or
(x) use the AdaMarie Services for any unlawful purpose or any illegal activity, or post or submit any content, resume, or job ad that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by AdaMarie’s discretion.
Users who violate these Terms may have their access and use of the AdaMarie Sites suspended or terminated, at AdaMarie’s discretion. Violations of system or network security may result in civil and/or criminal liability. AdaMarie will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
4. Additional Terms Applicable to Employers.
Employers are solely responsible for their postings on AdaMarie Sites. AdaMarie is not to be considered to be an employer with respect to Your use of any AdaMarie Site and AdaMarie shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any AdaMarie Site. AdaMarie does not make any representation or warranty to Users regarding the policies, practices or reputations of any Employers. [NOTE – CHECK WITH LINKEDIN]
You understand and acknowledge that if You cancel Your employer account or Your employer account is terminated, all Your account information from AdaMarie, including saved resumes, network contacts, and email mailing lists, may be deleted from AdaMarie's databases. Information may continue to be available for some period of time because of delays in propagating such deletion through AdaMarie’s web servers.
In order to protect AdaMarie Users from commercial advertising or solicitation, You shall use AdaMarie Profiles in accordance with all applicable privacy and data protection laws.
5. AdaMarie Postings.
Each Job Seeker acknowledges that (i) Posts are created by third parties over whom AdaMarie has no control; and (ii) AdaMarie has no control over the content of Posts or links from Posts.
A Job Ad may not contain:
(a) any hyperlinks, other than those specifically authorized by AdaMarie;
(b) misleading, unreadable, or "hidden" keywords, repeated keywords or keywords that are irrelevant to the job opportunity being presented, as determined in AdaMarie’s reasonable discretion;
(c) the names, logos or trademarks of unaffiliated companies other than those of your customer;
(d) the names of colleges, cities, states, towns or countries that are unrelated to the posting;
(e) more than one job or job description;
(f) inaccurate, false, or misleading information; and
(g) material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18.
You may not use Your AdaMarie Job Ad to:
(a) post jobs in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;
(b) post jobs that require citizenship of any particular country or lawful permanent residence in a country or possession of a certain type of visa, unless otherwise required in order to comply with laws, regulations, executive orders, or a federal, state or local government contract;
(c) post jobs that include any screening requirement or criterion in connection with a Job Ad where such requirement or criterion is not an actual requirement of the posted job;
(d) with respect to Profiles, determine a consumer's eligibility for: (i) credit or insurance for person, family, or household purposes; (ii) employment; or (iii) a government license of benefit.
(e) promote or advertise career fairs, job fairs, hiring events, conferences, seminars or open houses or any other event or meeting without AdaMarie’s prior approval;
(f) post jobs or other advertisements for competitors of AdaMarie or post jobs or other content that contains links (other than links to apply for the job) to any site competitive with AdaMarie;
(g) sell, promote or advertise products or services;
(h) post any franchise, pyramid scheme, "club membership", distributorship, multi-level marketing opportunity, or sales representative agency arrangement;
(i) post any business opportunity that requires an up-front or periodic payment or requires recruitment of other members, sub-distributors or sub-agents;
(j) post any business opportunity that pays commission only unless the posting clearly states that the available job pays commission only and clearly describes the product or service that the Job Seeker would be selling;
(k) promote any opportunity that does not represent bona fide employment which is generally indicated by the employer’s use of IRS forms W-2 or 1099;
(l) post jobs on any AdaMarie Site for modeling, acting, or entertainment agencies or modeling or acting scouting positions;
(m) advertise sexual services or seek employees for jobs of a sexual nature;
(n) request the use of human body parts or the donation of human parts, including, without limitation, reproductive services such as egg donation and surrogacy;
(o) endorse a political party, political agenda, political position or issue;
(p) promote a religion;
(q) post jobs located in countries subject to economic sanctions of the United States Government; and
(r) except where allowed by applicable law, post jobs which require the applicant to provide information relating to his/her (i) racial or ethnic origin, (ii) political beliefs, (iii) philosophical or religious beliefs, (iv) membership of a trade union, (v) physical or mental health (including pregnancy status), (vi) sexual life, (vii) the commission of criminal offences or proceedings, (vii) age or (viii) sex or gender.
AdaMarie reserves the right to remove any Job Ad or content from any AdaMarie Site, which in the reasonable exercise of AdaMarie’s discretion, does not comply with the above Terms, or if any content is posted that AdaMarie believes is not in the best interest of AdaMarie.
If at any time during Your use of the AdaMarie Services, You made a misrepresentation of fact to AdaMarie or otherwise misled AdaMarie in regards to the nature of Your business activities, AdaMarie will have grounds to terminate Your use of the AdaMarie Services.
6. AdaMarie Resume Database.
Employers shall use the Resume Database as provided in these Terms and in any Contract You have with AdaMarie. You shall use the Resume Database in accordance with all applicable privacy and data protection laws, and You agree You shall not further disclose any of the data from Resume Database to any third party, unless You are an authorized recruitment agency, staffing agency, advertising or other agency or using the resume explicitly for employment purposes.
You may not use the Resume Database in any way which, in AdaMarie’s sole discretion, adversely affects AdaMarie’s business, business prospects, the performance or function of any Site or the Resume Database, or interferes with the ability of other subscribers to access the Resume Database.
You shall take appropriate physical, technical, and administrative measures to protect the data and Information You have obtained from Resume Database from loss, misuse, unauthorized access, disclosure, alteration or destruction. You shall not share Resume Database seat-based license login credentials with any other party, nor share Resume Database pay-per-view license login credentials with any party.
AdaMarie makes no representations or warranties as to the accuracy of any profiles or the contents of any resumes made available in the Resume Database. Employer is responsible for validating the qualifications of any Job Seekers that it contacts through the Resume Database.
The Resume Database and information obtained from the Resume Database shall not be used:
(a) for any purpose other than as an employer seeking employees, including but not limited to advertising promotions, products, or services to any resume holders;
(b) to send emails or text messages or make phone calls to resume holders that, in AdaMarie’s sole discretion, are excessive in frequency or related to Posts that are irrelevant to the work history or location of, or unlikely to be of interest to, the resume holder contacted;
(c) to make unsolicited phone calls or faxes or send unsolicited mail, email, texts or newsletters to resume holders or to contact any individual unless they have agreed to be contacted (where consent is required or, if express consent is not required, who has not informed you that they do not want to be contacted); or
(d) to source candidates or to contact Job Seekers or resume holders in regard to career fairs and business opportunities prohibited by these Terms; or
(e) take any other action that is, in AdaMarie’s sole discretion, inconsistent with these Terms, misleading or incomplete, or in violation of any federal, state, local law, statute, code, rule, or regulation.
In order to ensure a safe and effective experience for all of our customers, AdaMarie reserves the right to limit the amount of data (including resume views) that may be accessed in the Resume Database by You or the number of contacts, emails or messages You may make or send within any AdaMarie system in any given time period. These limits may be amended in AdaMarie’s sole discretion from time to time.
7. Additional terms applicable to Job Seekers.
You acknowledge and agree that You are solely responsible for the form, content and accuracy of any resume or Information contained therein placed by You on the AdaMarie Sites.
You acknowledge and agree that You should protect your personal information by never providing social security, credit card or bank account numbers to prospective employers.
AdaMarie reserves the right to offer third party services and products to You based on the preferences that You identify in Your registration and at any time thereafter or you have agreed to receive, such offers may be made by AdaMarie or by third parties. Please see AdaMarie's Privacy Notice, for further details regarding Your Information.
You understand and acknowledge that You have no ownership rights in Your account and that if You cancel Your AdaMarie account or Your AdaMarie account is terminated, all Your account information from AdaMarie, including resumes, Profiles, cover letters, saved jobs, questionnaires will be marked as deleted in and may be deleted from AdaMarie's databases and will be removed from any public area of the AdaMarie Sites. Information may continue to be available for some period of time because of delays in propagating such deletion through AdaMarie’s web servers. In addition, third parties may retain saved copies of Your Information.
AdaMarie reserves the right to delete Your account and all of Your Information after a significant duration of inactivity.
8. User Content and Submissions.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by You on or through a AdaMarie Site ("User Content") is the sole responsibility of the person from which such User Content originated. AdaMarie claims no ownership or control over any User Content. You or a third-party licensor, as appropriate, retain all patent, trademark and copyright to any User Content you submit, post or display on or through AdaMarie and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying User Content on or through AdaMarie, you grant AdaMarie a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, reproduce, adapt, distribute and publish such User Content through AdaMarie. In addition, by submitting, posting or displaying User Content which is intended to be available to the general public, you grant AdaMarie a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content for the purpose of promoting AdaMarie and its services. AdaMarie will discontinue this licensed use within a commercially reasonable period after such User Content is removed from AdaMarie. AdaMarie reserves the right to refuse to accept, post, display or transmit any User Content in its sole discretion.
You also represent and warrant that You have the right to grant, or that the holder of any rights, including moral rights in such content has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant, the license stated above. If You post User Content in any public area of any AdaMarie Site, You also permit any User to access, display, view, copy, and store such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on any AdaMarie Site retains any and all rights that may exist in such User Content. AdaMarie may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of any AdaMarie Site. AdaMarie reserves the right to expel Users and prevent their further access to the AdaMarie Sites and/or use of AdaMarie Services for violating the Terms or applicable laws, rules or regulations. AdaMarie may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for AdaMarie, damage AdaMarie’s brand or public image, or cause AdaMarie to lose Users or (in whole or in part) the services of its ISPs or other suppliers.
AdaMarie does not represent or guarantee the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any other communications posted by Users nor does AdaMarie endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at Your own risk.
The following is a partial list of User Content that is prohibited on the AdaMarie Sites. The list below is for illustration only and is not a complete list of all prohibited User Content.
Content that:
● is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;
● harasses, incites harassment or advocates harassment of any group or individual;
● involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing, “spamming” or “phishing”;
● promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
● promotes or endorses an illegal or unauthorized copy of another person's copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
● contains restricted or password only access pages, or hidden pages or images;
● displays or links to pornographic, indecent or sexually explicit material of any kind;
● provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or
● provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses or pirating any media; and
● solicits passwords or personally identifying information from other Users.
Any Profile You submit must describe You, an individual person. Examples of inappropriate and prohibited Profiles include, but are not limited to, Profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual that is not You.
Profiles derived from User Content may also be made available through the AdaMarie Sites. AdaMarie does not make any representations regarding the accuracy or validity of such derived works or their appropriateness for evaluation by employers. Derived Profiles may differ significantly from User Content.
We appreciate hearing from our Users and welcome Your comments regarding our services and the AdaMarie Sites. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value Your feedback on our services, please be specific in Your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of AdaMarie. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. AdaMarie shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person.
9. Identification Of Agent To Receive Notification And Elements Of Notification Of Claimed Copyright or Trademark Infringement.
If You believe that Your copyrighted work or trademark has been uploaded, posted or copied to any AdaMarie Site and is accessible on such AdaMarie Site in a way that constitutes copyright or trademark infringement, please contact AdaMarie by email at support@ada-marie.com or by regular mail at:
6 Parkway North
Suite 100
Deerfield IL, 60015
10. Policy regarding termination of Users who infringe the copyright or other intellectual property rights of others.
AdaMarie respects the intellectual property of others, and we ask our Users and content partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights. As a condition to Your use of the AdaMarie Sites, You agree not to use any AdaMarie Site to infringe the intellectual property rights of others in any way. AdaMarie reserves the right to terminate the accounts of any Users, and block access to the AdaMarie Sites of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. AdaMarie reserves the right, in its sole discretion, to take these actions to limit access to the Site and/or terminate the accounts of any time, in our sole discretion Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement, with or without notice, and without any liability to the User who is terminated or to the User whose access is blocked. Notwithstanding the foregoing, in the event that You believe in good faith that a notice of copyright infringement has been wrongly filed against You, please contact AdaMarie as set forth in Section 6 above.
11. AdaMarie's Liability.
The AdaMarie Sites act as, among other things, venues for (i) Employers to post job opportunities and search for and evaluate Job Seekers and (ii) Job Seekers to post resumes and Profiles and search for and evaluate job opportunities. AdaMarie does not screen or censor the listings, including Profiles offered. AdaMarie is not involved in, and does not control, the actual transaction between employers and candidates. As a result, AdaMarie is not responsible for User Content, the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings and AdaMarie makes no representations about any jobs, resumes or User Content on the AdaMarie Sites. While AdaMarie reserves the right in its sole discretion to remove User Content, Posts, resumes or other material from the AdaMarie Sites from time to time, AdaMarie does not assume any obligation to do so and to the extent permitted by law, disclaims any liability for failing to take any such action.
Note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom You come in contact through the AdaMarie Sites. By its very nature other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using the AdaMarie Sites.
Because User authentication on the Internet is difficult, AdaMarie cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on any AdaMarie Site, in the event that You have a dispute with one or more Users, You release AdaMarie (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes to the fullest extent permitted by law.
The AdaMarie Sites and the AdaMarie Content may contain inaccuracies or typographical errors. AdaMarie makes no representations about the accuracy, reliability, completeness, or timeliness of any AdaMarie Site or the AdaMarie Content. The use of all AdaMarie Sites and the AdaMarie Content is at Your own risk. Changes are periodically made to AdaMarie Sites and may be made at any time. AdaMarie cannot guarantee and does not promise any specific results from use of any AdaMarie Site. No advice or information, whether oral or written, obtained by a User from AdaMarie or through or from any AdaMarie Site shall create any warranty not expressly stated herein.
If You are a California resident, You waive California Civil Code Section 1542, which says: "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."
AdaMarie encourages You to keep a back-up copy of any of Your User Content. To the extent permitted by law, in no event shall AdaMarie be liable for the deletion, loss, or unauthorized modification of any User Content.
If You believe that something on the Site violates these Terms please contact our designated agent set forth in Section 6 above.
If notified of any content or other materials which allegedly do not conform to these Terms, AdaMarie may in its sole discretion investigate the allegation and determine whether to remove or request the removal of the content. AdaMarie has no liability or responsibility to Users for performance or nonperformance of such activities.
12. Disclaimer of Warranty.
TO THE FULLEST EXTENT POSSIBLE BY LAW, ADAMARIE DOES NOT WARRANT THAT ANY ADAMARIE SITE OR ANY ADAMARIE SERVICES WILL OPERATE ERROR-FREE OR THAT ANY ADAMARIE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY ADAMARIE SITE OR THE ADAMARIE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, ADAMARIE IS NOT RESPONSIBLE FOR THOSE COSTS. THE ADAMARIE SITES AND ADAMARIE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ADAMARIE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. ADAMARIE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE ADAMARIE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
13. Disclaimer of Consequential Damages.
TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL ADAMARIE, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY ADAMARIE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY ADAMARIE SITE AND THE ADAMARIE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ADAMARIE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. Limitation of Liability.
TO THE FULLEST EXTENT POSSIBLE BY LAW, ADAMARIE'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY ADAMARIE SITE OR YOUR USE OF THE ADAMARIE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
15. Links to Other Sites.
The AdaMarie Sites contain links to third party websites. These links are provided solely as a convenience to You and not as an endorsement by AdaMarie of the contents on such third-party websites. AdaMarie is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If You decide to access linked third-party websites, You do so at Your own risk.
16. No Resale or Unauthorized Commercial Use.
You agree not to resell or assign Your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of any AdaMarie Site.
17. Indemnity.
You agree to defend, indemnify, and hold harmless AdaMarie, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to any AdaMarie Site, (ii) Your use of any AdaMarie Content, or (iii) Your breach of these Terms. AdaMarie shall provide notice to You promptly of any such claim, suit, or proceeding.
18. Governing Law and Disputes.
These Terms are governed by the laws of the State of Illinois, without respect to its conflict of laws principles.
Any controversy, claim or dispute arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration in Chicago, Illinois before a single arbitrator of the American Arbitration Association ("AAA"). The arbitrator shall be selected by application of the rules of the AAA, or by mutual agreement of the parties, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. No party to this agreement will challenge the jurisdiction or venue provisions as provided in this section.
Each party acknowledges that the arbitration process, and in particular, the Arbitrator's award, is binding and conclusive upon all parties and not subject to appeal or review by any judicial or administrative process. Each party agrees that their submission to arbitration constitutes an irrevocable consent to having this action resolved entirely through arbitration except for motions to confirm (or vacate) the arbitrator's award.
The Arbitrator shall hear and determine the controversy upon the evidence submitted and shall have the ultimate responsibility to determine the relevancy and admissibility of the evidence. The parties agree that hearings all be conducted by the Arbitrator in any manner which permits a fair presentation of each party's position and allows each side to present and cross-examine witnesses.
19. General.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, AdaMarie’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect AdaMarie’s ability to enforce such term at any point in the future. Except as expressly provided in an additional agreement, additional Terms for certain areas of the AdaMarie Sites, a particular "Legal Notice," or software license or material on particular pages on the AdaMarie Sites, these Terms constitute the entire agreement between You and AdaMarie with respect to the use of the AdaMarie Sites. No changes to these Terms shall be made except by a revised posting on this page.
AdaMarie makes no claims or representations that the AdaMarie Content may be lawfully viewed or accessed outside of the United States. Access to the AdaMarie Content may not be legal by certain persons or in certain countries. If You access any AdaMarie Site You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction. Any software downloaded from any AdaMarie Site is further subject to United States export control laws, and may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods or (ii) to any individual or entity on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using such software, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country, individual, or entity on any such list.
20. Additional Terms.
Certain areas of the AdaMarie Sites are subject to additional Terms. By using such areas, or any part thereof, You agree to be bound by the additional Terms applicable to such areas.
21. Mobile Services.
If You use the AdaMarie Sites through a mobile device, You agree that information about Your use of the AdaMarie Sites through Your mobile device and carrier may be communicated to us, including but not limited to Your mobile carrier, Your mobile device, or Your physical location. In addition, use of the AdaMarie Sites through a mobile device may cause data to be displayed on and through Your mobile device. By accessing the AdaMarie Sites using a mobile device, You represent that to the extent You import any of Your AdaMarie data to Your mobile device that You have authority to share the transferred data with Your mobile carrier or other access provider. In the event You change or deactivate Your mobile account, You must promptly update Your AdaMarie account information to ensure that Your messages are not sent to the person that acquires Your old number and failure to do so is Your responsibility. You acknowledge You are responsible for all charges and necessary permissions related to accessing the AdaMarie Sites through Your mobile access provider. Therefore, You should check with Your provider to find out if the AdaMarie Sites are available and the terms for these services for Your specific mobile devices. By using any downloadable application to enable Your use of the AdaMarie Sites, You are explicitly confirming Your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.
As always, message and data rates may apply for any messages sent to us from You. If You have any questions about Your text plan or data plan, it is best to contact Your wireless provider.
22. Term and Termination.
These Terms will remain in full force and effect while You are a User of any AdaMarie Site. AdaMarie reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of Your User Content from the AdaMarie Sites and immediate termination of Your registration with or ability to access the AdaMarie Sites and/or any other services provided to You by AdaMarie, upon any breach by You of these Terms or if AdaMarie is unable to verify or authenticate any information You submit to a AdaMarie Site registration. Even after You are no longer a User of the AdaMarie Sites, certain provisions of these Terms will remain in effect, including Sections 1, 2, 4, 8 through 20, inclusive.