Privacy Policy

PLEASE READ THESE TERMS OF USE CAREFULLY AND IN ITS ENTIRETY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. 

THESE TERMS OF USE SET FORTH THE CONTRACTUAL TERMS FOR THE USE OF THE SERVICES. THESE TERMS OF USE ARE LEGALLY BINDING ON YOU, SO IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THESE TERMS OF USE IN THEIR ENTIRETY BEFORE AGREEING TO BE BOUND BY THESE TERMS.

Last Updated: March 7, 2018

TERMS OF USE

Welcome to Aleron companies (also referred to as the “Company”, “we” or “us”).  The following terms and conditions govern all visitors and users (collectively, the “Users”) access to and use of any content, functionality and services, including, without limitation, any services for the purpose of connecting employers with prospective employees or contractors, (collectively, the “Services”) offered on or through https://aleroninc.com/ and any other websites and/or mobile applications (collectively, the “Site”) through which the Company makes its Services available. If you are using the Site or Services (collectively, the “Platform”), or if you click to accept or agree to the Terms of Use if such option is made available to you, you are contracting with the Company and agree to comply with and be legally bound by these Terms of Use. These Terms of Use govern your access to and use of the Platform and constitutes a binding legal agreement. If you do not agree to these Terms of Use, you have no right to continue using the Platform and must cease your use of the Platform immediately. Failure to use the Platform in accordance with these Terms of Use may subject you to civil and criminal penalties.

I. BASIC TERMS 

A. Service Eligibility

To be eligible to access the Platform, you must meet the following criteria, and by agreeing to these Terms of Use you hereby affirmatively represent, warrant and covenant to the Company that: (i) you are at least eighteen (18) years of age; (ii) you have full power and authority to agree to these Terms of Use; (iii) you will not violate any rights of the Company or any third party, including, without limitation, intellectual property rights such as copyright or trademark rights; (iv) your use of the Platform is in compliance with any and all applicable laws and regulations; and (v) you agree to provide at your cost all equipment, software, mobile access, and internet access necessary to use the Platform. 

B. Accessing the Platform and Account Security

To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current and complete.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any other person or entity. You also acknowledge and agree that any account you create is personal to you and that you will not provide any other person access to the portions of the Platform that require your user name, password or other security information. You agree to notify us immediately of any unauthorized use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

C. Privacy

All Users should carefully read our full Privacy Policy carefully and in its entirety before using the Platform. The full Privacy Policy is available via the following link: https://aleroninc.com/privacy-policy/.

Our Privacy Policy governs the Company’s treatment of any information you submit to us and is incorporated into these Terms of Use by reference. Please note that certain information, statements, data, and content which you may submit to the Company might reveal the gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge, as the User, your submission of any information, statements, data, and content to us is voluntary and that the Company may process such information, within the terms of the Privacy Policy.  By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 

D. Third Party Websites, Applications, and Contributions

The Company may include links to third party websites or mobile applications (“Third-Party Platforms”) on the Platform.  You are responsible for evaluating whether you want to access or use a Third Party Platform. You should review any applicable terms or privacy policy of a Third-Party Platform before using it or sharing any information with it, because you may give the third-party permission to use your information in ways the Company would not. Accordingly, if you decide to use Third-Party Platforms, you do so at your own risk and agree that these Terms of Use do not apply to your use of any Third-Party Platform.

All statements and/or opinions expressed in Platform materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. Those materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third-party, for the content or accuracy of any materials provided by any third-parties.

E. Platform Availability

For as long as the Company continues to offer the Platform, the Company may at its discretion seek to update, improve and expand the Platform. We reserve the right to withdraw or amend this Platform, and any Service or material we provide on or through the Platform, in our sole discretion without prior notice. Unless otherwise noted, any changes shall be effective upon their posting on the Platform or by direct communication to you. We may modify, replace, refuse access to, suspend or discontinue the Platform, partially or entirely, for you or for all Users in our sole discretion. We will not be liable if, for any reason, all or any part of the Platform is unavailable to you or any other User at any time or for any period.

F. Content and Materials

 The information provided on the Platform is for informational purposes only and is subject to change without notice. The products and services described on the Platform are designed for certain target audiences, and may not be suitable for all Users. The contents of the Platform do not constitute an offer or solicitation to buy or sell any security, product, service, or financial instrument. Certain services described on the Platform may not be available in certain jurisdictions.

G. Changes to the Terms of Use

We may revise and update these Terms of Use occasionally and at our sole discretion. All changes are effective immediately at the time we post them, and apply to all access to and use of the Platform thereafter. Your continued use of the Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page regularly so you are aware of any changes, as they are binding on you. 

II. USER CONDUCT 

A. Rules of Use

As a condition to accessing the Platform, each User agrees to strictly abide by these Terms of Use and to: (i) comply with all applicable laws, including, without limitation, privacy laws and intellectual property laws; (ii) provide accurate information to the Company and update it as necessary; (iii) review and comply with our Privacy Policy; (iv) review and comply with any notices sent by the Company concerning the Platform; and (v) use the Platform in a respectful manner.

As a condition to accessing the Platform, each User agrees to abide by these Terms of Use and to strictly NOT engage in or do the following: (i) duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on the Platform; (ii) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Platform, or any part thereof; (iii) utilize or copy information, content or any data you view on or obtain from the Platform to provide any service that is competitive, in the Company’s sole discretion, with the Company or the Platform; (iv) imply or state, directly or indirectly, that you are affiliated with or endorsed by the Company unless you have entered into a written agreement with the Company; (v) adapt, modify or create derivative works based on the Platform; (vi) remove any copyright, trademark or other proprietary rights notices contained in or on the Platform; (vii) remove, cover or otherwise obscure any form of advertisement included on the Platform; (viii) collect, use, copy, or transfer any information, including, without limitation, personally identifiable information obtained from the Company except as expressly permitted in these Terms of Use or as the owner of such information may expressly permit; (ix) engage in “framing”, “mirroring”, or otherwise simulating the appearance or function of the Platform; (x) attempt to or actually override any security component included in or underlying the Platform; (xi) engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on the Platform’s infrastructure, including, without limitation, attempting to gain unauthorized access to the Platform, or transmitting or activating computer viruses through or on the Platform; or (xii) interfere, disrupt or game the Platform, including, without limitation, any servers or networks connected to the Company.

B. Indemnification

You hereby agree to release, defend, indemnify, and hold the Company and its affiliates, and their respective officers, directors, members, managers, partners, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Platform or those conducted on your behalf): (i) your access to or use of the Platform; (ii) your violation, or alleged violation of these Terms of Use and/or any other agreement or obligation between you and the Company; (iii) your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (v) any misrepresentation made by you; and/or (vi) any other activity in which you engage on or through the Platform. You will cooperate fully as required by the Company in the defense of any claim and the Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not settle any claim without the prior written consent of the Company.

III. Intellectual Property Matters

A. Ownership

The Platform and all text, graphics, images, music, software, audio, video, information or other materials contained therein (collectively, the “Content”) is protected by copyright, trademark, and other laws of the United States and foreign countries and all Users hereby acknowledge and agree that: (i) the Platform and Content, including all associated intellectual property rights, are the exclusive property of the Company; and (ii) the Company reserves all of its intellectual property rights in the Platform and Content. The Company’s logos, trademarks, service marks, graphics and logos used in connection with the Platform are trademarks or registered trademarks of the Company in the United States and/or other countries.  Other trademarks and logos used in connection with the Platform may be the trademarks of their respective owners. These Terms of Use do not grant you any right or license with respect to any such trademarks or logos.

B. Contributions to Company

By submitting ideas, suggestions, documents, or proposals (“Contributions”) to the Company through the Platform or otherwise you acknowledge and agree that: (i) your Contributions do not contain confidential or proprietary information; (ii) the Company is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iii) the Company shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (iv) the Company may have something similar to the Contributions already under consideration or in development; (v) you irrevocably assign to the Company any and all rights to exploit your Contributions; and (vi) you are not entitled to any compensation or reimbursement of any kind from the Company under any circumstances.

 IV. Disclaimers/Limitation of Liability

A. Disclaimer

IF YOU CHOOSE TO USE THE PLATFORM, VIEW INFORMATION LISTED ON THE PLATFORM, OR ENGAGE IN THE RECEIPT OF SERVICES YOU DO SO AT YOUR SOLE RISK. THE COMPANY PROVIDES THE PLATFORM AND ALL ASSOCIATED INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY DOES NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW THE Company DISCLAIMS ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY THE COMPANY, THE PLATFORM OR ANYTHING RELATED TO THE COMPANY OR THE PLATFORM, YOU MAY TERMINATE YOUR USE OF THE PLATFORM IN ACCORDANCE WITH THESE TERMS OF USE AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.

THE COMPANY DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO THE PLATFORM, NOR DOES IT HAVE ANY OBLIGATION THEREFORE. THE COMPANY DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR ANY OTHER INFORMATION BY OTHERS. FURTHERMORE, THE COMPANY DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE PLATFORM DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.

THE COMPANY EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY AND ALL USERS.

B. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, MEMBERS, MANAGERS, PARTNERS, EMPLOYEES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION DATA OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH these terms of use, FROM THE USE OF OR INABILITY TO USE THE PLATFORM, OR  FROM PROVISION OR RECEIPT OF THE SERVICES.

V. MISCELLANEOUS

A. Severability

If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. If any court of competent jurisdiction or arbitrator determines that any covenant or obligation of this agreement is excessive in duration or scope, unreasonable, or unenforceable, that the court or arbitrator should modify or amended that covenant or obligation to render it enforceable to the maximum extent permitted under law while mirroring the original intent of the parties.

B. Entire Agreement

You agree that these Terms of Use and Privacy Policy constitute the entire, complete and exclusive agreement between you and the Company regarding the Platform and supersede all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms of Use.

C. Law and Forum for Legal Disputes

These Terms of Use or any claim, cause of action, or dispute (“claim”) arising out of or related to these Terms of Use and/or your use of the Platform and/or provision or receipt of Services shall be governed by the laws of the State of New York regardless of your country of origin or where you access the Platform, and notwithstanding of any conflicts of law principles thereof. You agree that all claims arising out of or related to these Terms of Use and/or your use of the Platform and/or provision or receipt of Services must be resolved exclusively in courts of the State of New York, County of Erie, or, if it has or can acquire jurisdiction, in the United States District Court for the Western District of New York.

D. Arbitration

For any dispute you have with the Company you agree to first contact the Company and attempt to resolve the dispute with us informally. If Company has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to these Terms of Use by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules then in effect for the AAA, except for disputes relating to: (1) the Company’s Content and/or intellectual property rights; or (2) violations of the  provisions Rules of Use set forth above in Section II(A). Unless you and the Company agree otherwise, the arbitration will be conducted in the State of New York, County of Erie, and each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS THE COMPANY AGREES OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO the Agreement formed by these terms of use, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

E. Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with the Company must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

F. Modification

The Company reserves the right, at its sole discretion, to modify the Platform, Services or these Terms of Use, at any time and without prior notice. If the Company modifies these Terms of Use, it will also update the “Last Updated” date at the top of these Terms of Use. By continuing to access or use of the Platform after the Company has posted a modification on the Platform or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Use. If the modified Terms of Use is not acceptable to you, your only recourse is to cease using the Platform.

 G. Geographic Restrictions

The owner of the Platform is based in the state of New York in the United States. We provide this Platform for use only by persons located in the United States. We make no claims that the Platform or any of its content is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 H. No Informal Waivers, Agreements or Representations.

The Company’s failure to act with respect to a breach of these Terms of Use by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by these Terms of Use, no representations, statements, consents, waivers or other acts or omissions by the Company shall be deemed legally binding unless documented in a physical writing hand signed by a duly appointed officer of the Company.

I. No Injunctive Relief.

In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Platform, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Platform or any content or other material used or displayed through the Platform.

J. Assignment and Delegation.

You may not assign or delegate any rights or obligations under these Terms of Use. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under these Terms of Use, fully or partially without prior notice to you.