Updated 3/4/2018


TERMS OF SERVICE



specialList.com is made available for use by individuals seeking
employment openings (“Job Seekers”), by individuals and/or
organizations seeking to make available information regarding
employment openings, on their behalf or other’s behalf (“Employers”),
and by individuals and/or organizations seeking to participate in the
specialList.com Publisher Program (“Publishers”) (together the
“Service,” “Services” or “Company Service”) via the Company website(s)
offered from time to time at specialList.com (collectively, the “Site,”
or “Sites”). The Company Service is owned and operated by
specialList.com (“Company”, “we” or “us”).



Your use of the Company Service is subject to the terms and conditions set
forth in these Terms of Service (the “Terms of Service”).




PLEASE READ THE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING ANY
PART OF THE COMPANY SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ,
UNDERSTAND AND AGREE TO BE BOUND BY ALL THE TERMS OF THE TERMS OF
SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, EXIT THIS PAGE
AND DO NOT ACCESS OR USE THE COMPANY SERVICE. USE OF THE COMPANY
SERVICE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS OF
SERVICE.



1.

Updates to Terms of Service; Integration

. We may, in our sole discretion, modify the Terms of Service via email or
by posting notice on any part of the Company Service. The “Last Updated”
date at the top the Terms of Service indicates when the latest
modifications were made to the Terms of Service. By continuing to access
and use the Company Service you agree to any such modifications. Therefore,
you are responsible for reviewing and should become familiar with any such
modifications. You are encouraged to review this Terms of Service
periodically and to check the “Last Updated” date at the top of the Terms
of Service for the most recent version. In addition, when using services or
features on the Company Service, you will be subject to any posted
guidelines or policies applicable to such services or features that may be
posted from time to time, including but not limited to the Privacy Policy
as noted below. All such guidelines or policies are hereby incorporated by
reference into these Terms of Service.



2. Translation . We may translate these Terms of Service into other
languages for your convenience. Nevertheless, the English version governs
your relationship with Company, and any inconsistencies among the different
versions will be resolved in favor of the English version.



3. Service Availability. The Company Service may be
modified, updated, interrupted, suspended or discontinued at any time
without notice or liability. If the Company Service were discontinued at
any time, all data would be deleted pursuant to the discontinuation
process.



4. Privacy Policy. Use of the Company Service is subject
to the terms of our Privacy Policy which is hereby incorporated into
and made part of these Terms of Service. Please carefully review our
Privacy Policy. By using or accessing the Company Service, you agree to be
bound by the terms of our Privacy Policy.



5. Age. The Service is meant for those at least eighteen
(18) years of age. Use of the Service by anyone under the age of eighteen
(18) is a violation of the Terms of Service. You may not use the Service if
you are a competitor of the Service, or if we have previously banned you
from use of the Service or closed your account.



6. Intellectual Property. You acknowledge that all
materials on the Company Service, including, but not limited to, the
Website design, Application design, graphics, text, sounds, pictures, and
other files and the selection and arrangement thereof (collectively,
“Materials”), are the property of Company and/or its licensors, and are
subject to and protected by United States and international copyright and
other intellectual property laws and rights. All rights to Materials not
expressly granted in these Terms of Service are reserved to their
respective copyright owners. Company authorizes you to view, download
and/or print the Materials only for personal, non-commercial use, provided
that you keep intact all copyright and other proprietary notices contained
in the original Materials. Except as expressly authorized by the Terms of
Service, you may not copy, reproduce, distribute, republish, download,
perform, display, post, transmit, scrape, copy, exploit, create derivative
works or otherwise use any of the Materials in any form or by any means,
without the prior written authorization of Company or the respective
copyright owner. In the absence of a written agreement, you may not modify
or adapt the Materials in any way or otherwise use them for any public or
commercial purposes. The trademarks, service marks, trade names, trade
dress and logos (collectively, “Marks”) contained or described in the
Company Service are the sole property of Company and/or its licensors and
may not be copied, altered or otherwise used, in whole or in part, without
the prior written authorization of Company and/or its licensors. Company
reserves the right to enforce its intellectual property rights fully under
the law.



Your use of the Company Service is solely and exclusively under the limited
license granted herein and you will not obtain any ownership interest
therein through the Terms of Service or otherwise. All trademarks, service
marks, trade names, domain names, slogans, logos, and other indicia of
origin that appear on or in connection with any aspect of the Company
Service are either the property of Company, its affiliates or licensors.
Company retains the right to rescind and terminate the limited license
granted hereunder at any point, for any reason. All rights not expressly
granted herein by Company to you are fully reserved by Company, its
advertisers and licensors.



Some of the company and product names, logos, brands, and other trademarks
featured or referred to within the Company Service may not be owned by us,
and are the property of their respective trademark holders. These trademark
holders are not affiliated with, nor do they sponsor or endorse the Company
Service.



7. Third Party Sites & Services. Links provided via
the Company Service to Third-Party websites and/or services are provided
only as a convenience. If you use these links, you may leave the Company
Service. Company does not control nor endorse any such Third-Party
websites. You agree that the Company Parties, as defined below, will not be
responsible or liable for any content, goods or services provided by such
Third-Party websites or for your use or inability to use such Third-Party
websites. You will use such links at your own risk. Company, it’s parent,
subsidiary (if applicable) and other affiliated companies, and
Third-Parties, and the respective officers, directors, employees, agents
and other representatives, are “Company Parties.”



You are advised that other websites on the Internet, including Third-Party
websites linked from the Company Service, might contain material or
information: that some people may find offensive or inappropriate; that is
inaccurate, untrue, misleading or deceptive; or that is defamatory,
libelous, infringing of others’ rights or otherwise unlawful. Company
expressly disclaims any responsibility for the content, legality, decency
or accuracy of any information, and for any products and services, that
appear on any Third-Party website or in advertisements or content that
Third-Party websites may have in the Company Service.



Your interactions with organizations and/or individuals and Third-Party
companies found on or through the Company Service, including payment and
delivery of goods or services, and any other terms, conditions, warranties
or representations associated with such dealings, are solely between you
and such organizations and/or individuals. You agree and acknowledge that
Company shall not under any circumstances be liable for any damages of any
kind arising out of, or in connection with, or relating to, the products
and services of a Thirty-Party.



8. Use of the Service. You may be required to establish an
account to use the Company Service and/or take advantage of certain
features. If so, you agree to:



a. provide true, accurate, current and complete information about yourself
as prompted by the Company Service;



b. as permitted, maintain and promptly update such information. If you
provide any information that is false, inaccurate or outdated, or Company
has reasonable grounds to suspect that such information is false,
inaccurate or outdated, Company has the right to suspend or terminate your
account and prohibit all current or future use of the Company Service by
you; and



c. that your account is for your personal, non-commercial use only. By
creating an account, you agree to receive certain communications in
connection with the Company Service.



You are responsible for maintaining the confidentiality of the password and
account, and are fully responsible for all activities that occur under your
account. Your account is meant to be private and you shall not share
accounts for any reason. You agree to immediately notify us of any
unauthorized use of your password or account or any other breach of
security. You agree to be responsible for all charges resulting from the
use of your account via the Company Service, including charges resulting
from unauthorized use of your account.



You may not impersonate someone else (e.g., adopt the identity of a
celebrity or your next-door neighbor), create or use an account for anyone
other than yourself, provide an email address other than your own, or
create multiple accounts. If you use a pseudonym, take care to note that
others may still be able to identify you if, for example, you include
identifying information in your reviews, use the same account information
on other sites, or allow other sites to share information about you with
the Company Service.



You agree to use the Company Service only for lawful purposes and that you
are responsible for your use of and communications and content you may post
via the Company Service. You agree not to post or transmit any unlawful,
infringing, threatening, harassing, defamatory, vulgar, obscene, profane,
indecent, offensive, hateful or otherwise objectionable material of any
kind, including any material that encourages criminal conduct or conduct
that would give rise to civil liability, infringes upon others’
intellectual property rights, impersonates any individual or entity, or
otherwise violates any applicable law. You agree not to solicit personal
information from minors. You agree not to use the Company Service in any
manner that interferes with its normal operation or with any other user’s
use of the Company Service.



You may not do any of the following while accessing or using the Company
Service:



a. access, tamper with, or use non-public areas of the Company Service, our
computer systems, or the technical delivery systems of our providers;



b. probe, scan, or test the vulnerability of any system or network or
breach or circumvent any security or authentication measures;



c. access or search or attempt to access or search the Company Service by
any means other than through our currently available, published interfaces
that are provided by us, unless you have been specifically allowed to do so
in a separate agreement with us;



d. forge any TCP/IP packet header or any part of the header information in
any email or posting, or in any way use the Company Service to send
altered, deceptive or false source-identifying information; or



e. disrupt or interfere with the access of any user, host or network,
including, without limitation, sending a virus, overloading, flooding,
spamming, mail-bombing the Company Service, or otherwise creating an undue
burden on the Company Service.



You may not use manual or automated software, devices, or other processes
to “crawl,” “scrape,” or “spider” any page of the Company Service. You will
not decompile, reverse engineer, or otherwise attempt to obtain the source
code of any part of the Company Service.



You further agree that you will not access the Company Service by any means
except through the interface provided by Company for access to the Company
Service. Creating or maintaining any link from another application to any
page at the Company Service without the prior authorization of Company is
prohibited. Running or displaying the Company Service, or any information
or material displayed via the Company Service in frames or through similar
means on another website or application without the prior authorization of
Company is prohibited. Any permitted links to the Company Service must
comply with all applicable laws, rule and regulations.



Company makes no representation that Materials contained, described or
offered via the Company Service are accurate, appropriate or available for
use in jurisdictions outside the United States, or that these Terms of
Service comply with the laws of any other country. Visitors who use the
Company Service and reside outside the United States do so on their own
initiative and are responsible for compliance with all applicable law. You
agree that you will not access the Company Service from any territory where
its contents are illegal, and that you, and not the Company Parties, are
responsible for compliance with applicable law.



Your use of the Company Service is at your own risk, including the risk
that you might be exposed to Content that is offensive, indecent,
inaccurate, objectionable, or otherwise inappropriate.



Furthermore, you herein agree not to make use of the Services for:



a. uploading, posting, emailing, transmitting, or otherwise making
available any content that shall be deemed unlawful, harmful, threatening,
abusive, harassing, tortious, vulgar, obscene, libelous, or invasive of
another's privacy or which is hateful, and/or racially, ethnically, or
otherwise objectionable;



b. causing harm to minors in any manner whatsoever;



c. impersonating any individual or entity, including, but not limited to,
any Company, forum leaders, guides or hosts or falsely stating or otherwise
misrepresenting any affiliation with an individual or entity;



d. forging captions, headings or titles or otherwise offering any content
that you personally have no right to pursuant to any law nor having any
contractual or fiduciary relationship with;



e. uploading, posting, emailing, transmitting or otherwise offering any
such content that may infringe upon any patent, copyright, trademark, or
any other proprietary or intellectual rights of any other party;



f. uploading, posting, emailing, transmitting or otherwise offering any
content that you do not personally have any right to offer pursuant to any
law or in accordance with any contractual or fiduciary relationship;



g. uploading, posting, emailing, transmitting, or otherwise offering any
unsolicited or unauthorized advertising, promotional flyers, "junk mail,"
"spam," or any other form of solicitation, except in any such areas that
may have been designated for such purpose;



h. uploading, posting, emailing, transmitting, or otherwise offering any
source that may contain a software virus or other computer code, any files
and/or programs which have been designed to interfere, destroy and/or limit
the operation of any computer software, hardware, or telecommunication
equipment;



i. disrupting the normal flow of communication, or otherwise acting in any
manner that would negatively affect other users' ability to participate in
any real-time interactions;



j. interfering with or disrupting any of the Services, servers and/or
networks that may be connected or related to our website, including, but
not limited to, the use of any software and/or routine to bypass the robot
exclusion headers;



k. intentionally or unintentionally violating any local, state, federal,
national or international law, including, but not limited to, rules,
guidelines, and/or regulations decreed by the Securities and Exchange
Commission, in addition to any rules of any nation or other securities
exchange, that would include without limitation, the New York Stock
Exchange, the American Stock Exchange, or the NASDAQ, and any regulations
having the force of law;



l. providing informational support or resources, concealing and/or
disguising the character, location, and or source to any organization
delegated by the United States government as a "foreign terrorist
organization" in accordance to Section 219 of the Nationality Act;



m. stalking or with the intent to otherwise harass another individual;
and/or,



n. collecting or storing of any personal data relating to any other user in
connection with the prohibited conduct and/or activities which have been
set forth in the aforementioned paragraphs.



9. Suggestions and Improvements. By sending us any ideas,
suggestions, documents or proposals (“Feedback”), you agree that (i) your
Feedback does not contain the confidential or proprietary information of
third parties, (ii) we are under no obligation of confidentiality, express
or implied, with respect to the Feedback, (iii) we may have something
similar to the Feedback already under consideration or in development, and
(iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual,
worldwide license to use, modify, prepare derivative works, publish,
distribute and sublicense the Feedback, and you irrevocably waive, and
cause to be waived, against Company and its users any claims and assertions
of any moral rights contained in such Feedback.



10. Content.



10.1 All Content is the sole responsibility of the person who originated
such content. You acknowledge that all Content transmitted or accessed by
you using the Company Service, is at your own risk and you will be solely
responsible and liable for any damage or loss to you or any other party
resulting therefrom. You remain solely responsible for all Content that you
transmit in connection with the Company Service, and you warrant that you
possess all rights necessary to provide such Content and that you do not
violate any third party’s rights in providing such Content. We reserve the
right to remove, and to allow certain users to remove, any objectionable
Content in our sole discretion. You understand that by providing Content
publicly in connection with the Company Service, you hereby grant us a
non-exclusive, worldwide, royalty free, perpetual, irrevocable,
sublicensable and transferable right to fully exploit such Content
(including all related intellectual property rights) in connection with our
business. For purposes of these Terms of Service, the term “Content”
includes, without limitation, any information, text, reviews, videos, audio
clips, comments, information, data, photographs, software, scripts,
graphics, and interactive features generated, provided, or otherwise made
accessible through the Company Service. Company and its licensees may
publicly display advertisements and other information adjacent to or
included with your Content. You are not entitled to any compensation for
such advertisements. The manner, mode and extent of such advertising are
subject to change without specific notice to you.



10.2 We make some of the Content (“RSS Content”) available via Real Simple
Syndication (“RSS Content Feed”). You may access and use the RSS Content
Feed in order to display the RSS Content on your personal computer,
website, or blog, provided that (i) your use of the RSS Content Feed is for
personal, non-commercial purposes only, (ii) your display of the RSS
Content links back to the relevant pages on the Company Service, and
attributes Company as the source of the RSS Content,(iii) your display of
the RSS Content does not violate fair use doctrine, (iv) your use or
display of the RSS Content does not suggest that Company promotes or
endorses any third party causes, ideas, websites, products or services,
including your personal website or blog, (v) you do not redistribute the
RSS Content, and (vi) your use of the RSS Content Feed does not overburden
Company’s systems. Company reserves all rights in the RSS Content and may
terminate the Feeds at any time.



10.3 We may from time to time allow you to share Site content via social
media share buttons. Such sharing must include attribution to the Site.



11. Termination. You may terminate your use of the Company
Service at any time. You agree that Company may terminate or suspend your
access to all or part of the Company Service, with or without notice, in
our reasonable discretion, at any time. Company reserves the right to
modify or discontinue the Company Service (or any part thereof) with or
without notice, at any time. Following the termination or cancellation of
your subscription to the Company Service and/or your account, we reserve
the right to delete all your data in the normal course of operations.



12. Representations. You expressly represent, warrant,
and/or acknowledge that:



12.1 Company does not warrant or guarantee the suitability or availability
of any Material or Content, including without limitation any, data,
products or services, found through the Company Service.



12.2 Company does not screen the authenticity or quality of any Material or
Content or any provider of Material or Content, including, data, products
or services found through the Company Service.



12.3 Company makes no representations or promises regarding any Material or
Content, and that many of the Material or Content provided via the Company
Service may be owned or licensed by third parties.



12.4 Neither Company, or its employees or officers, are financial
professionals and make no financial representations or promises regarding
any Material or Content posted to the Site, by any party.



12.5 Neither Company, or its employees or officers, are healthcare
professionals and make no healthcare representations or promises regarding
any Material or Content posted to the Site, by any party.



12.6 Company is not a party to any transaction between you and any provider
of products or services via the Company Service. Any dispute shall be
resolved between yourself and the provider of such products or services or
your customer.



12.7 Any information, including any data, Materials, or Content on the
Company Service, including on any Facebook, Instagram or Twitter page, are
for informational purposes only.



12.8 You assume all risk when using the Company Service, including all the
risks associated with any online or offline interactions with other users,
providers of products and services, and from additional fees or charges
from your mobile carrier.



12.9 You are of legal age to form a binding contract and are at least
eighteen (18) years of age or you have the authority of such legal entity
to form a binding contract; all registration information you submit is
accurate and truthful; you will maintain the accuracy of such information;
and you are legally permitted to use and access the Company Service and
take full responsibility for the selection and use of and access to the
Company Service.



13. Warranties, Disclaimers and Limitations of Liability.



YOU EXPRESSLY UNDERSTAND AND AGREE THAT:



YOUR USE OF THE COMPANY SERVICE IS AT YOUR SOLE RISK. THE COMPANY SERVICE
AND THE ASSOCIATED MATERIALS AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF
SERVICE, COMPANY, ITS PARENT, SUBSIDIARY AND OTHER AFFILIATED COMPANIES,
AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND OTHER
REPRESENTATIVES (COLLECTIVELY, THE “COMPANY PARTIES”), EXPRESSLY DISCLAIM
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PURPOSE
AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE
COMPANY PARTIES MAKE NO WARRANTY THAT: (I) THE COMPANY SERVICE WILL MEET
YOUR REQUIREMENTS; (II) THE COMPANY SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE; (III) INFORMATION THAT MAY BE OBTAINED VIA THE
COMPANY SERVICE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY AND
ALL PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL, INCLUDING ALL
MERCHANDISE, GOODS AND SERVICES, OBTAINED OR PURCHASED BY YOU DIRECTLY OR
INDIRECTLY THROUGH THE COMPANY SERVICE WILL MEET YOUR EXPECTATIONS OR
NEEDS; AND (V) ANY ERRORS IN THE COMPANY SERVICE WILL BE CORRECTED.



THE COMPANY PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY
DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE
USE OF OR INABILITY TO USE THE COMPANY SERVICE, INCLUDING ANY LIABILITY:
(I) AS A PUBLISHER OF INFORMATION; (II) FOR ANY INCORRECT OR INACCURATE
INFORMATION OR ANY ‘BUG’ OF THE COMPANY SERVICE; (III) FOR ANY UNAUTHORIZED
ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA; (IV) FOR STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON OR VIA THE COMPANY SERVICE; (V) FOR ANY
DISPUTES BETWEEN USERS OF THE COMPANY SERVICE OR BETWEEN A USER OF THE
COMPANY SERVICE AND A THIRD PARTY; OR (VI) FOR ANY OTHER MATTER RELATING TO
THE COMPANY SERVICE OR ANY THIRD PARTY. THIS IS A COMPREHENSIVE LIMITATION
OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON
BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES THE COMPANY
PARTIES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY
SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN
BETWEEN COMPANY AND YOU. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON
AND THROUGH THE COMPANY SERVICE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH
LIMITATIONS.



NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE
COMPANY PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY
CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE CHARGES PAID BY YOU
DIRECTLY TO COMPANY VIA THE COMPANY SERVICE FOR SERVICES PROVIDED SOLELY
AND DIRECTLY BY COMPANY TO YOU IN THE SIX MONTHS PRIOR TO SUCH CAUSE OR
CLAIM.



SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO
YOU.



If you are a California resident, you shall and hereby do 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 favor at
the time of executing the release, which, if known by him must have
materially affected his settlement with the debtor.”



14. Indemnification. You agree to indemnify, defend and
hold harmless the Company Parties against all claims, demands, causes of
action, losses, expenses, damages and costs (including any reasonable
attorneys’ fees), resulting or arising from or relating to your use of the
Company Service, any activity related to your account by you or any other
person permitted by you, any Content that you submit to, post on or
transmit through the Company Service, your breach of these Terms of
Service, your infringement or violation of any rights of another, or
termination of your access to the Company Service. We reserve the right to
assume, at our sole expense, the exclusive defense and control of any such
claim or action and all negotiations for settlement or compromise, and you
agree to fully cooperate with us in the defense of any such claim, action,
settlement or compromise negotiations, as requested by us.



15. Applicable Law and Jurisdiction. Your use of the
Company Service is governed by and will be enforced under the laws of New
York County, State of New York, without regard to its conflict of law
provisions. You agree to submit to the personal and exclusive jurisdiction
of the courts located within this stated County and State. You agree that
printed copies of any and all agreements and/or notices in electronic form
are admissible in any legal or regulatory proceedings. Any controversy,
claim, suit, injury or damage arising from or in any way related to the
Company Service or these Terms of Service shall be settled by binding
arbitration in accordance with the commercial arbitration rules of the
American Arbitration Association then in effect and before a single
arbitrator chosen by Company. Any such controversy, claim, suit, injury or
damage shall be arbitrated on an individual basis, and shall not be
consolidated in any arbitration with any controversy, claim, suit, injury
or damage of any other party. Company may seek any interim or preliminary
relief from a court of competent jurisdiction in the County and State
listed above necessary to protect its rights pending the completion of
arbitration. Each party shall assume its own costs of arbitration. IN ANY
CLAIM, ACTION OR PROCEEDING TO ENFORCE ANY RIGHT OR OBLIGATION OF THE
PARTIES UNDER THE TERMS OF SERVICE INCLUDING, WITHOUT LIMITATION, RELATING
TO YOUR USE OF THE COMPANY SERVICE, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW
HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.



16. Purchases and Payments



a. Purchase of Services. Your contract for the purchase of Services, if
any, is completed once you confirm your purchase and performance of this
contract begins as soon as the purchase is complete.



b. Payment Processing Methods. Company may make available to you various
payment processing methods to facilitate the purchase of Services. You must
abide by any relevant terms and conditions or other legal agreement with
third party payment processors, that governs your use of a given payment
processing method. Company may add or remove payment processing methods at
its sole discretion and without notice to you. Once your purchase is
complete, Company or the payment processor may charge your credit card or
other form of payment that you indicate for any Services purchased, along
with any additional applicable amounts (including any taxes). You are
solely responsible for all amounts payable associated with purchases you
make via the Services.



c. Pricing. Pricing and availability of all Services for sale, if any,
displayed through the Site are subject to change at any time before you
click the button indicating that you want to purchase such Services.



17.

Procedure for Notifying the Company of Copyright Infringement

. Those who believe that their copyrighted work has been infringed or are
aware of other infringing material, should contact our Copyright Agent at
the address listed below and provide us with the following information:



a. An electronic or physical signature of a person authorized to act on
behalf of the owner of the copyrighted work that has allegedly been
infringed.



b. Identification of the copyrighted work claimed to have been infringed.



c. Information describing where the allegedly infringing material is
located on the Company Service.



d. Your address, telephone number, and email address.



e. A written statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or the
law.



f. A statement by you that the above information in your notification is
accurate and that, under penalty of perjury, you are the copyright owner or
authorized to act on the copyright owner’s behalf. The foregoing
information may be emailed or mailed to our Copyright Agent at the
addresses listed at the end of this Terms of Service.



Following receipt of the information listed above, we will remove or
disable access to the infringing material and take reasonable steps to
notify the user responsible for posting said material. The posting of
infringing copyrighted material may result in the termination of user
privileges of such user.



18. U.S. Export Controls. The Company Service may be
subject to United States export controls. No part of the Company Service
may be exported or re-exported into any country to which the U.S. has
embargoed goods or to anyone on the U.S. Treasury Department’s list of
Specially Designated Nationals or the U.S. Commerce Department’s Table of
Deny Orders. By using the Company Service, you represent and warrant that
you are not located in, under the control of, or a national or resident of
any such country or on any such list.



19. Data Tracking



19.1 Cookies. To facilitate and customize your experience with the Company
Service, we may store cookies on your computer or other similar device
through which you access the Company Service. A cookie is a small text file
that is stored on your computer or other device for record-keeping purposes
that contains information about you. We use cookies to save you time while
using the Company Service, remind us who you are, and track and target your
interests to provide a customized experience. Cookies also allow us to
collect Non-Personally Identifiable Information from you, like which pages
you visited, what links you clicked on, and how you used the Company
Service. We may use Third Party Service Providers to display advertisements
on the Company Service. As part of their service, they may place separate
cookies on your computer or similar device. We have no access to or control
over these cookies. This Privacy Policy covers the use of cookies by the
Company Service only and does not cover the use of cookies by any
Third-Party Service Provider. Most browsers automatically accept cookies;
however, you may be able to modify your browser settings to decline
cookies. Please note that if you decline or delete these cookies, some
parts of the Company Service may not work properly.



19.2 Other Tracking Devices. We may use other industry standard
technologies like pixel tags and web beacons to track your use of the
Company Service, or we may allow our Third-Party Service Providers to use
these devices on our behalf. When you access the Company Service or open or
click an email, pixel tags and web beacons generate a Non-Personally
Identifiable notice of that action. Pixel tags allow us to measure and
improve our understanding of visitor traffic and behavior on the Company
Service, as well as give us a way to measure our promotions and
performance. We may also utilize pixel tags and web beacons provided by our
marketing partners for the same purposes.



20. Miscellaneous. These Terms of Service constitute the
entire agreement between Company and each user of the Company Service with
respect to the subject matter of these Terms of Service.



If any provision of these Terms of Service shall be deemed unlawful, void
or for any reason unenforceable by a court of competent jurisdiction, the
validity and enforceability of any remaining provisions will not be
affected.



The failure of the Company Parties to insist upon strict adherence to any
term of these Terms of Service shall not constitute a waiver of such term
and shall not be considered a waiver or limit that party’s right thereafter
to insist upon strict adherence to that term or any other term contained in
these Terms of Service. You may not assign your obligations or rights
hereunder to another entity or individual. We may transfer, assign or
delegate these Terms of Service and its rights and obligations without your
consent.



We shall have no liability to you hereunder if we are prevented from or
delayed in performing our obligations, or from carrying on our business, by
acts, events, omissions or accidents beyond our reasonable control,
including, without limitation, strikes, lock-outs or other industrial
disputes (whether involving the workforce of us or any other party),
failure of a utility service or transport or telecommunications network,
act of God, war, riot, civil commotion, malicious damage, compliance with
any law or governmental order, rule, regulation or direction, accident,
breakdown of plant or machinery, fire, flood or storm.



No agency, partnership, joint venture, or employment is created as a result
of these Terms of Service and you do not have any authority of any kind to
bind us in any respect whatsoever.



No action arising out of these Terms of Service or your use of the Company
Service, regardless of form or the basis of the claim, may be brought by
you more than one (1) year after the cause of action has arisen (or if
multiple causes, from the date the first such cause arose).



21. Customer Service. If you have any comments or
questions regarding these Terms of Service or wish to report any violation
of these Terms of Service, you may contact us at the addresses below.



Speciallist Inc.


157 Columbus Avenue


New York, NY 10023



Email Address:


support@speciallist.useresponse.com