ABOUT WIKIORGCHARTS
Founded in 2011, WikiOrgCharts is a cloud based Social CRM tool that solves one of the last problems in business focused networking; how companies and government agencies are structured. WikiOrgCharts provides access to anyone looking to learn about and share information about company organizational structures.
At WikiOrgCharts, we believe that transparency helps to grow business. Web 2.0 practices such as information sharing, interoperability and collaboration and becoming business practices. Barriers finding non-proprietary business information can cause companies to lose business.
WikiOrgCharts...
- Helps Professionals self promote and share knowledge
- Provides Business Development & Sales an efficient process for identifying the right company contact
- Helps Recruiters identify and validate candidates
- Click Here to sign up and create a login. You can also use your LinkedIn or Facebook username and password to create an account.
- Search for yourself and claim your profile or create one if you’re not already there
- Create or update org charts for your company and others you’re familiar with.
Effective date November 8, 2010
Please carefully review these Terms of Use ("TOU" or "Agreement"), for WikiOrgCharts, Inc. ("WikiOrgCharts") as they contain important information regarding your legal rights, remedies, and obligations. The TOU apply if you visit, view, use, or access (collectively, "access") WikiOrgCharts’s websites made available on WikiOrgCharts.com (the "Website"), and/or (hereinafter, "or") if, through any Internet-enabled mechanism, you access data, information, products, services, or applications (collectively, "Services") made available by or from WikiOrgCharts.
By accessing the Website or Services, you represent and warrant that you have read and understood, and agree to be bound by these TOU and that you acknowledge the adequacy of consideration of this Agreement. Please review this document carefully as it is a legally binding document between you and WikiOrgCharts. If you do not agree to these TOU, you are prohibited from accessing the Website and the SERVICES. Please exit immediately. WikiOrgCharts reserves the right to modify, alter and update the content of these TOU at any time. Changed TOU will be indicated by the “effective date” at the top of this agreement. If you do not agree to such changes, please exit the Website and Services immediately.
The Website and Services are not targeted to, and should not be used by, persons under the age of 18. BY ACCESSING THE WEBSITE OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD, ARE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW, and are not barred from accessing the website or services under the laws of any applicable jurisdiction.
- A. Privacy Policy. By accessing the Website, you consent to the collection and use of certain information about you, as specified in the Website’s Privacy Policy (the “Privacy Policy”), incorporated hereto. WikiOrgCharts encourages users of the Website to frequently check the Privacy Policy for changes. By accessing the Website, you represent and warrant that you have read and understood, and agree to be bound by, the Privacy Policy. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THE PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE WEBSITE.
- B. Changes. WIKIORGCHARTS RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AND/OR THE PRIVACY POLICY AT ANY TIME. Notice of any such change will be given by the posting of a new version or a change notice on the Website. It is your responsibility to review this Agreement and the Privacy Policy periodically. If at any time you find any unacceptable, you must immediately leave the Website and refrain from using the Website and Services.
- Member Registration. By accessing the Website, you are not automatically a WikiOrgCharts Member; you are a “Website Visitor”. In order to become a WikiOrgCharts Member, you are required to complete a registration process. You certify, represent and warrant that the information you provide therein is true, accurate, complete, current, and that it belongs to you. You shall keep your information complete and up-to-date at all times. Failure to maintain your registration information may cause your access to the Services to be interrupted, suspended, or terminated. You are responsible for monitoring your account, changing your password periodically and notifying WikiOrgCharts immediately of any unauthorized use or breach of security of your password.
- Members and Contacts. Your Member registration information is automatically entered into WikiOrgCharts’s proprietary business directory, which contains, among other things, Organizational affiliation, position in the organization, reporting structure within the organization, email, telephone, twitter, and/or instant messenger contact information, ((collectively, “business contact”) . IYou may choose to provide additional information about yourself if a profile for you is pre-existing or change information about yourself if you believe it is inaccurage.. Likewise, another Member may enter your business contact information in the Directory, regardless of whether you have registered on the Website. Please note: as a Member, you may contribute to and access the Directory; however, you do not retain any ownership rights in the Directory. Likewise, information contributed to the Directory may be shared with other Members and with third parties, in WikiOrgCharts’s discretion. To learn more about our Directory, please visit WikiOrgCharts’s Information Use Statement.
- Screen Name. In order to access certain Services as a Member, you must select a unique screen name as your public identity on the Website. Your screen name identifies you to other Members. To protect your privacy, you should choose a screen name that does not reveal your identity.
- Points. WikiOrgCharts uses a point and rating system on the Website. You may be awarded points based upon your activity. You may also purchase points. However, point purchases may be subject to volume and plan discounts according to your particular plan details, and all point purchases are final. Points have no monetary value and are not redeemable for cash or money, regardless of how you acquired those points; you are responsible for tax consequences, if any, that may result from your participation in the points system. Points are not your personal property, and your only recourse for using Points is through the Services. The scope, variety and types of Services that may be obtained through points can change at any time Please note that WikiOrgCharts may reduce or adjust your point balance or rating, change system point values or modify the point and rating system at any time in its sole discretion. Moreover, WikiOrgCharts may cancel, suspend or otherwise limit your access to your points balance if we suspect fraudulent, abusive or unlawful activity with respect to your account.
- Generally. WikiOrgCharts offers additional, paid, services (each, a "Plan"). Subscription fees and terms vary and additional conditions, restrictions and limitations may apply to each Plan. To view your particular Plan Details, login and click on the "My Account" link from the "My WikiOrgCharts" tab. If your current plan is not satisfying your needs, you may email us at support@WikiOrgCharts.com for more information.
- Method of Payment. Payments may be made by Paypal. Unless otherwise indicated in your Plan Details, your Paypal account will be charged on a recurring basis as long as your account remains open and active. Your account will remain open and active until your membership is canceled, suspended or terminated. You authorize WikiOrgCharts to charge your Paypal account for your recurring subscription fee payments as applicable based upon your Plan Details. WikiOrgCharts is permitted to bill you as described in you Plan Details, including any applicable tax and any other charges you may incur in connection with your use of the Website or Services. Additional charges may include individual point purchases and other requested data services.
- Cancellation. You may cancel your subscription account at any time and for any reason. WHEN YOU CANCEL YOUR ACCOUNT, YOU WILL NOT RECEIVE ANY REFUND OF ANY SUBSCRIPTION FEES. WHERE APPLICABLE, AND UNLESS OTHERWISE SET FORTH IN YOUR SPECIFIC PLAN DETAILS, YOUR ACCOUNT WILL REMAIN ACTIVE UNTIL THE END OF YOUR CURRENT SUBSCRIPTION TERM UNLESS OTHERWISE TERMINATED BY WIKIORGCHARTS. SUBSCRIPTION FEES WILL NOT BE PRORATED OR REFUNDED FOR PARTIAL-MONTH USAGE. SUBSCRIPTION FEES CHARGED TO YOUR ACCOUNT AFTER RECEIPT OF YOUR CANCELLATION WILL BE REFUNDED. YOU WILL FORFEIT YOUR ACCUMULATED CONTACTS, POINTS, AND RATING UPON THE EFFECTIVE DATE OF YOUR CANCELLATION.
- Termination. WikiOrgCharts may suspend or terminate your account at any time, for any reason and without prior notice. Suspected system misuse will result in your immediate termination. You will no longer have access to the Services. You will forfeit your accumulated contacts, points, and rating upon termination. YOUR SUBSCRIPTION FEE WILL NOT BE REFUNDED OR PRORATED FOR PARTIAL-MONTH USAGE FOLLOWING TERMINATION.
Subject to your compliance with the terms and conditions of this Agreement, and any other agreement between you and WikiOrgCharts, WikiOrgCharts grants you a non-exclusive, non-sublicensable, non-assignable, revocable, non-transferable license to access the Website and Services. Except as expressly set forth herein, this Agreement grants you no rights in or to the intellectual property of WikiOrgCharts or any other party. In the event that you breach any provision of this Agreement, your rights under this paragraph will immediately terminate. By accepting this license, you agree that all information contained in the Directory is the proprietary, confidential information of WikiOrgCharts, that you will safeguard and protect such information, and that you will use the information in accordance with the Code (below). Your obligations set forth above shall survive termination of this Agreement.
This section sets forth the WikiOrgCharts Code of Conduct (the “Code”). All Members and Website Visitors must fully comply with this Code at all times. You certify, represent and warrant that you will not violate this Code.
- Restrictions on Inputting Information. You shall not enter trade secrets or illegal or improper information into the Website or in or through the Services, including, without limitation, the following:
- Information that is false, inaccurate, incorrect, incomplete, inexact, outdated or otherwise wrong;
- Information subject to confidentiality, non-disclosure, non-competition, trade secret or proprietary rights, limitations or restrictions;
- Information that infringes the copyrights or intellectual property rights of others;
- Home addresses, Social Security numbers and credit card numbers;
- Information that is sexually explicit, profane, pornographic, immoral, obscene, vulgar, offensive, inflammatory, violent, dangerous, harmful, threatening, abusive, harassing, hateful, discriminatory or racially, ethnically or otherwise objectionable, or which may solicit information from anyone under the age of 18;
- Information that is defamatory, libelous, fraudulent, knowingly incorrect, or invasive of privacy or publicity rights of others;
- Information that advocates or encourages conduct that could constitute a criminal offense;
- Information that is actionable or may subject WikiOrgCharts to legal action or liability of any kind;
- Information that violates any applicable local, state, national or international law, regulation, or convention; or
- Information that violates any provision of this Agreement or any other agreement or policy set forth by WikiOrgCharts.
- Use of Information Obtained via Website/Services. WikiOrgCharts has no actual control over your use of information outside the Website. You shall not access the Website or Services for any purposes or in any manner that is illegal or improper, including, without limitation, the following:
- For any purpose, activity or in any manner that is criminal, illegal or actionable;
- In violation of any local, state, national or international laws, regulations or conventions;
- To illegally ‘spam’ anyone or to sell, give, make available or otherwise distribute information to a spammer or for the purpose of spamming;
- For unethical marketing activities;
- To communicate with anyone using language or in any manner that is sexually explicit, profane, pornographic, immoral, obscene, vulgar, offensive, violent, dangerous, harmful, threatening, abusive, harassing, hateful, discriminatory, or racially, ethnically or otherwise objectionable;
- To prepare or compile information that is distributed in any manner or form to any third-party;
- To enhance, verify, supplement, append, confirm, or modify any compilation of information that is thereinafter distributed in any manner or form to a third-party;
- In connection with any individual credit, employment, or insurance decision;
- For sale, re-sale, sub-license, commercial use, or redistribution of any kind, without WikiOrgCharts’s express, prior consent.
- Acts against the Website/Services. You shall not attempt to or engage in potentially harmful acts that are directed against the Website or Services including, without limitation, the following:
- Using the Website or Services in contravention of any other agreement to which you are a party, including without limitation any employment agreement to which you may be a party;
- Failing to maintain an acceptable Member rating;
- Causing, allowing or assisting any other person to use your account or impersonate you;
- Sharing your password or login with any other person;
- Logging onto a server or account that you are not authorized to access;
- Forging screen names, manipulating identifiers, or otherwise impersonating any other person or misrepresenting your identity or affiliation with any person or entity;
- Emulating or faking usage of the Website or Services;
- Violating or attempting to violate any security features of the Website;
- Using manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any pages contained in the Website;
- Falsely stating or otherwise misrepresenting your affiliation with any person or entity;
- Introducing viruses, worms, software, Trojan horses or other similar harmful code into the Website or Services;
- Interfering or attempting to interfere with the use of the Website by any other user, host or network, including, without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Website;
- Causing, allowing or assisting machines, bots or automated services to access or use the Website or Services without the express written permission of WikiOrgCharts;
- Tampering with the operation, functionality or the security of the Website or Services;
- Attempting to override or circumvent any security or usage rules embedded into the Website or Services that permit digital materials to be protected;
- Attempting to probe, scan, or test the vulnerability of the Website, or any associated system or network, or breach any security or authentication measures;
- Misusing, tricking, disrupting or otherwise interfering with the functioning of the Website or Services;
- Harvesting or collecting email addresses or other contact information of other users from the Website by electronic or other means;
- Reverse engineering, decompiling, disassembling, deciphering or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Website or Services;
- Engaging in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Website;
- Uploading, posting, transmitting, sharing, storing or otherwise making available any content that WikiOrgCharts in its sole discretion deems to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable; and
- Without WikiOrgCharts’s prior, express consent, advertising or selling any products, services or otherwise (whether or not for profit), or soliciting others or using the Website for commercial purposes of any kind.
- Suspected Misuse and Penalties. WikiOrgCharts may monitor the Website and Services for misuse of the Code. WikiOrgCharts shall be the sole and final arbiter of suspected Code violations, misuse and penalty. For suspected violations, and without limiting any of its other remedies, WikiOrgCharts reserves the right to immediately and without notice:
- Delete or modify content;
- Assess penalty points to your account;
- Suspend your account;
- Terminate your account;
- Identify you to third parties;
- Take legal action.
WikiOrgCharts intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws. WikiOrgCharts reserves the right to seek civil, criminal or injunctive relief, at its sole discretion and without obligation, to enforce this Code.
Separate and apart from contributing to the Directory, WikiOrgCharts's Website may allow you to post content, such as messages, images, text, photos, graphics, audio, video or other material (“Your Creative Content”) through message boards, forums, Member blogs or other interactive features. With respect to Your Creative Content, while you retain any and all of your lawfully owned rights therein, you hereby grant WikiOrgCharts a royalty-free, perpetual, irrevocable, worldwide transferable, non-exclusive and fully-sublicensable right and license to view, store, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display Your Creative Content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, and to exercise the same rights with respect to such works. You also permit any Visitor of WikiOrgCharts's Website to access, store, distribute, perform, reproduce and prepare derivative works of Your Creative Content. No compensation will be paid to you or to any other person or entity with respect to Your Creative Content.
WikiOrgCharts may remove Your Creative Content at any time in its sole discretion. You are solely responsible at your own cost and expense to create backup copies of Your Creative Content. Likewise, by accessing the Services you may be exposed to other Members’ Creative Content that you find offensive, indecent or objectionable -- you agree that you use the Website and Services at your own risk.
You agree that WikiOrgCharts is not under any obligation of confidentiality, express or implied, with respect to Your Creative Content. You represent and warrant that you own or otherwise control all necessary rights to Your Creative Content, that it does not violate or infringe upon the intellectual property rights of a third party, that it is accurate, that it does not contain libelous, defamatory or otherwise unlawful material, that it does not violate anyone’s rights to publicity or privacy, that it will not cause injury to any person or entity, that it does not otherwise violate these TOU, and that you will indemnify WikiOrgCharts and its service providers for all claims resulting from Your Creative Content.
As the provider of the Website, WikiOrgCharts is only a forum and is not liable for any statements, representations, or omissions made through Your (or other Visitors’) Creative Content. Any opinions, advice, purported facts, or recommendations expressed therein are those of the Visitors who make them, and not those of WikiOrgCharts; WikiOrgCharts does not endorse any opinion, purported fact, recommendation or advice expressed therein. Likewise, it is your responsibility to exercise due care and caution (for your privacy, safety, and identity, among other concerns) when posting Your Creative Content or accessing the Website or Services.
The Website and all content and materials located thereon, including without limitation any WikiOrgCharts names and logos (the “WikiOrgCharts Marks”), the Services, Directory, designs, text, graphics and other files, and the selection, arrangement and organization thereof, are the intellectual property of WikiOrgCharts or its licensors. Except as explicitly provided, neither the Website nor this Agreement grant you any right, title or interest in or to any such content or materials. The WikiOrgCharts Marks are trademarks or registered trademarks of WikiOrgCharts. Other trademarks, service marks, graphics, logos and domain names appearing on the Website may be the trademarks of third parties. The Website is Copyright © 2010, WikiOrgCharts, I.n, ALL RIGHTS RESERVED. Moreover, except as expressly stated herein, or as expressly granted by WikiOrgCharts in a signed writing, you have no intellectual property or other rights in the information you contribute to the Directory.
As WikiOrgCharts asks others to respect its intellectual property rights, WikiOrgCharts respects the intellectual property rights of others. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services. Likewise, if you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want WikiOrgCharts to delete, edit, or disable the material in question, you must provide WikiOrgCharts with all of the following information:
- a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit WikiOrgCharts to locate the material;
- information reasonably sufficient to permit WikiOrgCharts to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
- a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to WikiOrgCharts’s designated agent at:
DMCA Agent
WikiOrgCharts.com
WikiOrgCharts , Inc.
15 Pequot Dr., Norwalk, CT 06855
- NO WARRANTIES
- YOUR RESPONSIBILITY FOR DAMAGE
- YOUR RESPONSIBILITY FOR YOUR ACTIONS
- LIMITATION OF LIABILITY
- APPLICATION
ALTHOUGH WIKIORGCHARTS TAKES REASONABLE MEASURES TO KEEP THE WEBSITE AND SERVICES ERROR-FREE AND SAFE, YOU ACCESS THEM AT YOUR OWN RISK. WIKIORGCHARTS, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE WEBSITE AND THE SERVICES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER WIKIORGCHARTS NOR ITS LICENSORS OR SUPPLIERS WARRANT THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SAFE OR SECURE.
YOU AGREE THAT YOUR USE OF THE WEBSITE OR SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD WIKIORGCHARTS OR ITS LICENSORS OR SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF THE WEBSITE OR SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO ANY OF YOUR COMPUTERS OR DATA. THE WEBSITE OR SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
YOU AGREE AND UNDERSTAND THAT YOU MAY BE HELD LEGALLY RESPONSIBLE FOR DAMAGES SUFFERED BY OTHER WEBSITE VISITORS OR THIRD PARTIES AS THE RESULT OF YOUR REMARKS, INFORMATION, FEEDBACK OR OTHER CONTENT POSTED OR MADE AVAILABLE ON THE WEBSITE OR THROUGH THE SERVICES THAT IS DEEMED DEFAMATORY OR OTHERWISE LEGALLY ACTIONABLE.
YOU AGREE THAT NEITHER WIKIORGCHARTS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, NOR ITS LICENSORS OR SUPPLIERS, HAVE ANY LIABILITY WHATSOEVER IN CONNECTION WITH YOUR ACCESS OF THE WEBSITE OR THE SERVICES. WIKIORGCHARTS IS NOT RESPONSIBLE FOR THE ACTIONS OF THIRD-PARTIES (INCLUDING OTHER VISITORS OR MEMBERS), AND YOU RELEASE WIKIORGCHARTS, ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD-PARTIES. IN THIS REGARD, IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §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."
LIABILITY OF WIKIORGCHARTS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, AND ITS LICENSORS AND SUPPLIERS, IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WIKIORGCHARTS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY, INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO WIKIORGCHARTS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, OR ITS LICENSORS AND SUPPLIERS) ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE OR SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF WIKIORGCHARTS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, AND ITS LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES WILL NOT EXCEED THE GREATER OF $200.00 USD OR THE AMOUNT YOU HAVE PAID US IN THE LAST 12 MONTHS.
THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATIONS OF LIABILITY BETWEEN YOU AND WIKIORGCHARTS OR BETWEEN YOU AND ANY OF WIKIORGCHARTS’S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE, SERVICES, OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.
You agree to indemnify and hold WikiOrgCharts, its directors, officers, employees and agents, and its suppliers, licensors, and service providers, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys' fees (collectively, “Claims”), arising out of or in connection with: (1) your use of the Website or Services; (2) any violation of this Agreement (including, without limitation, the Code); (3) your violation of any law or the rights of any third party. WikiOrgCharts will have the right, but not the obligation, to participate through counsel of its choice in any defense by you of any Claims as to which you are required to defend, indemnify, or hard harmless WikiOrgCharts. You may not settle any Claims without the prior written consent of the concerned WikiOrgCharts person or persons.
On WikiOrgCharts’s Website, you may find links to websites operated by third parties (“Third-Party Sites”). WikiOrgCharts does not endorse or control Third-Party Sites, each of which may be governed by its own terms of service and privacy policy. WikiOrgCharts disclaims, and you hereby agree to assume, all responsibility and liability for any damages or other harm, whether to you or third-parties, resulting from your use of Third-Party Sites. Please take all protections necessary to protect yourself and your computer system when accessing Third-Party Sites, particularly when downloading or purchasing anything therefrom.
- Method
- Effect of Termination; Survival
You may terminate this Agreement at any time, for any or no reason at all, by providing WikiOrgCharts written notice of your intent to do so (WikiOrgCharts, Inc. Attn: Legal Department, 2 15 Pequot Dr. Norwalk, CT 06855).
Without altering any other provision of this Agreement, WikiOrgCharts may terminate this Agreement without notice or liability. WikiOrgCharts may also deny, suspend, cancel, or terminate your use of the Website or Services, including without limitation, for breach or suspected breach of this Agreement or of any applicable law or regulation.
If this Agreement terminates, you will no longer be authorized to access the Website or Services. Sections 7-9, 11, 12, and 14-16 of the Agreement will survive termination.
EXCEPT AS MAY OTHERWISE BE PROVIDED BELOW OR IN A SIGNED AGREEMENT BETWEEN YOU AND WIKIORGCHARTS, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THIS AGREEMENT OR YOUR ACCESS OF THE WEBSITE OR SERVICES SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) to the extent that either of you or WikiOrgCharts has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated the Code set forth above, then you and WikiOrgCharts acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (b) no disputes or claims relating to any transactions you enter into with a third party through the Website may be arbitrated.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the “AAA Consumer Rules”) (collectively the “AAA Rules”). The location of the arbitration shall be in New York City, New York , and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
This Agreement, including without limitation its construction and enforcement, shall be treated as though it were executed and performed in New York City, NY , and shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law principles.
To the extent arbitration is not required under this Agreement, THE PROPER VENUE FOR ANY JUDICIAL ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE WEBSITE OR SERVICES WILL BE THE STATE AND FEDERAL COURTS IN NEW YORK CITY, NY. IN CONNECTION WITH THIS SECTION, THE PARTIES HEREBY STIPULATE TO, AND AGREE TO WAIVE ANY OBJECTION TO, THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS, AND FURTHER EXPRESSLY SUBMIT TO EXTRATERRITORIAL SERVICE OF PROCESS.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE WEBSITE OR SERVICES SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER VISITORS OF THE WEBSITE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to this agreement, the Website or Services be instituted more than one (1) year after the cause of action arose.
- WikiOrgCharts’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
- If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions.
- Neither the course of conduct and/or course of dealing between the parties nor trade practice shall act to modify any provision of this Agreement.
- WikiOrgCharts may assign its rights and duties under this Agreement to any party at any time without notice to you. Your rights and duties under this Agreement are not assignable by you without written consent of WikiOrgCharts.
- Headings are used for convenience only and are not to be used for meaning or intent.
- This Agreement, along with your Plan Details, and any other signed writing between you and WikiOrgCharts regarding the Services, constitutes the entire understanding between you and WikiOrgCharts and supersedes any prior or contemporaneous communications or provisions on the subject matter. This Agreement cannot be modified, unless in a writing labeled “Modification to TOU”, executed by both you and an officer of WikiOrgCharts.
- WikiOrgCharts values your enthusiasm of its Website and Services. If you have any questions, comments, suggestions, or concerns, or if you would like to provide any notice under this Agreement, please contact us via certified mail at:
WikiOrgCharts , Inc.
Attn: Legal Department
15 Pequot, Dr.
Norwalk, CT 06855
Effective date November 8, 2010
This Information Use Statement applies ONLY to the contact information that is compiled and available on WikiOrgCharts.com to our Community. THIS STATEMENT DOES NOT APPLY TO INFORMATION COLLECTED FROM OR ABOUT OUR COMMUNITY MEMBERS OR VISITORS DURING REGISTRATION OR USE OF WIKIORGCHARTS.COM. Information collected from or about our community members, subscribers, users or visitors to WikiOrgCharts.com.com is covered in our separate Privacy Policy.
WikiOrgCharts.com is committed to the following principles:
We are open, transparent and fair about our practices and policies with respect to the collection and use of information.
We utilize our Community and leading edge technology to build and maintain the most comprehensive, accurate and up-to-date database possible of organizations, individuals who works for them, and how they report to one another. We maintain security measures to reasonably safeguard the data and its use.
We collect information that is necessary for the legitimate business purposes of WikiOrgCharts.com and our Community. We collect information that is obtained lawfully and by fair means, and do not encourage members and users to disclose trade secrets.
We comply with all applicable laws.We will monitor privacy and data protection developments. We encourage members and users to respect compliance programs with respect to their own use of WikiOrgCharts.com.
We ensure that each individual person whose direct business contact information is made available on WikiOrgCharts.com may easily:
- Find and access their information
- Update, complete or correct the data
- Request suppression of their direct contact information if they are a public figure. For the purposes of this document a public figure is a public official or any other person pervasively involved in public affairs and/or someone who has thrust themselves to the forefront of particular public controversies in order to influence the resolution of the issues involved.
WikiOrgCharts.com makes the following business information about contacts available to our Community Members and customers: (1) Name, (2) Company or Organization, (3) Title, (4) Business Mailing Address, (5) Telephone Number, (6) Email Address(es); (7) Start and End Dates associated with organizational association ; (8) Summary of responsibilities. (9) Location; (9) Twitter handle; (10) Link to Facebook Page; and (11) Link to LinkIn Page.
Our Community members build and maintain WikiOrgCharts.com's database of information. Personal and business contacts may also add themselves to the database at any time. WikiOrgCharts.com may aggregate, supplement or enhance its business information from established, reputable sources and trusted data suppliers. WikiOrgCharts.com may also collect and include openly and freely available business and personal information itself. Data providers may only contribute business information to WikiOrgCharts.com that they have a legal right to provide.
Information on WikiOrgCharts.com may be readily available without restriction from any number of different data sources including the following types of information:
- Public records: Records created and maintained by government agencies and open for public inspection and use.
- Publicly available information: Information that is available to the general public from non-governmental sources.
- Non-public available information: Information that is privately owned and is not available to the general public or that is generally offered for a fee for use and redistribution without restriction.
- Openly available information: Information that has been made available without restriction by the contacts themselves or the companies, typically for their own convenience, competitive advantage, business benefit or other commercial purposes.
- Freely available information: Information that is accessible or available on the Internet or from other offline sources.
- Derived information: Partial or derived information from any combination of the above sources that is assembled, aggregated, appended, calculated or associated together.
Individuals listed in WikiOrgCharts contacts may:
- Add their information or tha of others to WikiOrgCharts.com.com
- Find and access their information
- Update, complete or correct the data
- Request suppression of their direct contact information if they are a Public Figure.For the purposes of this document a public figure is a public official or any other person pervasively involved in public affairs and/or someone who has thrust themselves to the forefront of particular public controversies in order to influence the resolution of the issues involved.
- Choose to Opt-out from direct email marketing communications from WikiOrgCharts.com
Individual business contacts are encouraged to add their own contact information to WikiOrgCharts.com.com by using the "Are You in WikiOrgCharts.com" link available throughout the www.WikiOrgCharts.com.com website. Contacts may also sign up for a Free WikiOrgCharts.com account to join the Community and add their own information. Access and Correction
Individual business contacts may immediately find out if their current direct contact information is available on WikiOrgCharts.com.com and independently access their information by using the "Are You in WikiOrgCharts.com" link available throughout the www.WikiOrgCharts.com.com website. Contacts may also submit access or correction requests directly to WikiOrgCharts.com Support using the online case request form or by email to support@WikiOrgCharts.com.com. Contacts may further sign up for a Free WikiOrgCharts.com account to take direct control of their own information. Preference Setting and Instructions
Individual business contacts whose information is made available on WikiOrgCharts.com.com are encouraged to notify the Community about their contact preferences and provide instructions to WikiOrgCharts.com members by using the "Are You in WikiOrgCharts.com" link available throughout the www.WikiOrgCharts.com.com website.
WikiOrgCharts.com voluntarily offers individuals the opportunity to request that their direct business contact information be removed or suppressed from WikiOrgCharts.com.com, under certain terms and conditions. The policy governing removal and suppression is not legally mandated.
Individual contacts may request removal or suppression of their direct business contact information from WikiOrgCharts.com.com by submitting an online case request to WikiOrgCharts.com Support or by email to support@WikiOrgCharts.com.com. Requests may otherwise be submitted using WikiOrgCharts.com's standard Suppression Request Form or by sending similar information by regular mail to:
- WikiOrgCharts.com , Inc.
- 15 Pequot Dr.
- Norwalk, CT 06855
NOTE: REMOVAL FROM WIKIORGCHARTS.COM.COM MAY NOT NECESSARILY PREVENT REENTRY, PARTICULARLY IF THE SAME OR SIMILAR INFORMATION IS FREELY, OPENLY OR PUBLICLY AVAILABLE FROM OTHER SOURCES.
WikiOrgCharts.com will review and confirm requests upon receipt. Requests for access, correction, removal or suppression will be addressed and considered on an individual, case by case basis and based upon the information provided. WikiOrgCharts.com reserves the right, without obligation, to independently consider or reconsider any request. The burden of providing the necessary information to efficiently process any request shall remain on the requester at all times.
WikiOrgCharts.com's ability to reasonably consider any request will remain dependent upon the specificity of the information provided by the requester. WikiOrgCharts.com may contact requesters to obtain additional information, confirm information or verify requests at its discretion.
A request may result in all, some or none of the information being corrected, removed or suppressed depending upon the particular circumstances and conditions. There is no fee or charge for request processing.
Responses will be made in a timely manner using the direct contact information available or provided by requester.
If your direct business contact information is on WikiOrgCharts.com, you may "opt-out" of receiving direct marketing email communications initiated or sent by WikiOrgCharts.com by emailing optout@WikiOrgCharts.com.
If you have received direct marketing email from WikiOrgCharts.com, you may request not to receive similar email communications from WikiOrgCharts.com by following the "opt-out" instructions set forth in the particular message received.
WikiOrgCharts.com’s Privacy Policy applies to information collected online from and about our Community members, users and visitors to WikiOrgCharts.com. For more information, see our Privacy Policy.
Effective date November 11, 2010
This privacy policy covers how, when and why we collect, use and share information about our users. Please read this policy carefully and review it often because it may change. This policy does not apply to our collection and use of data about companies and contacts contained in our database system.
- Protecting the privacy and anonymity of our members is important to us. All members must select a unique screen name that is their public identity on the system. Members should be careful not to include personally identifiable information in their screen name.
- Members must complete a registration process. We will collect personally identifiable information from our members during registration. We automatically include registration information into our business contact database.
- We collect, compile and may display historical, statistical and aggregate information about our members' use of our system by their screen name. We also use automatic means like cookies, clear gifs and log files to collect user information that may be tied to personally identifiable information.
- We do not use or share personally identifiable information other than as described in this privacy statement. We will provide personally identifiable information to our agents and service providers so that we may provide our services. We may also disclose such information as required by law or to protect our interests or the rights of third parties.
- We communicate with our members by email. We do not give or sell email addresses to anyone for their marketing purposes.
- Members have access to their information through the 'My Account' area of our system and may set or choose to contribute information using their username or anonymously.
- We secure information we collect using generally accepted industry standards.
- This privacy statement may change at any time and changes take effect when posted unless otherwise indicated.
- We will cooperate with legal inquiries and requests made by third parties to enforce laws or to protect their rights. Although members are anonymous while using our system, the improper or illegal use of our system can jeopardize that anonymity.
Our system is directed to adult business people. Children under the age of 18 are not permitted to use our system. We do not knowingly collect information from or about children.
Maintaining the anonymity of our members is important to us. During registration, members must create a unique screen name that will be publicly attributed (tied) to their use of our system. Screen names are the key to keeping our members anonymous when they are contributing information about other people.
All users of our system must complete a registration process. We will collect personally identifiable information during this process that includes name, email address, place of employment and/or organizational affiliation and other personal contact information as indicated. Registration information is made public on each member’s profile page and is viewable to other users of WikiOrgCharts.
Member registration information IS automatically entered into our business contact database All members may also be included in the system if entered by another member.
To open a subscription account, members must enter valid PayPal and/or other payment information needed to process their subscription payments. We use this information for identification and verification purposes and to process payments. We may also use this information to contact members about payment processing. When members provide payment information, it is protected using secure socket layer technology (SSL). We do not share credit card or payment information other than to process payments.
Members may choose to complete an optional personal profile. Completion of a personal profile is totally voluntary. We will use this information to display information about yourself to other members. Other WikiOrfgChart members also have the ability to add, delete, and/or modify information on your profile
We may provide members the opportunity to participate in contests or surveys from time to time. Participation in contests or surveys is completely voluntary. If members choose to participate, we may request certain additional personally identifiable information. We will use this information to monitor system traffic, supplement, amend and personalize our system, direct advertisements, and communicate with participants. We will use email addresses to distribute and collect surveys, notify contest winners and award prizes.
We use screen names to compile and process historical and statistical information about how and when our members use the system. Historical and statistical information includes information about selected actions that our members take while on the system. We will also aggregate (gather up across all member accounts) and store historical and statistical information.
System use information is collected, surveyed, evaluated and scored by the system to assess the quality of data. Member actions are effectively confirmed or challenged by the later actions of other members. We use this evaluation process to maintain our collaborative, self-correcting system and to promote the development of the most accurate, complete and up-to-date data possible. Members are objectively rated by the system based upon their actions.
Our system uses points as an incentive and a point balance will be maintained for each member based upon system use information. We may also use this information to add, adjust or discontinue certain services or functionality and to enforce our policies and procedures.
Compiled system use information, member ratings and point balances may be displayed online and shared along with screen names.
We store information that we collect automatically through cookies, clear gifs and/or log files. We use this information to create a profile of our members' preferences. We tie personally identifiable information and system use information to member profiles in order to provide tailored promotions and marketing offers and to improve the content and functionality of the site.
We use cookies on our system. A cookie is a small text file that is stored on a user's computer for record-keeping purposes. We link the information we store in cookies to personally identifiable information users submit while they are on the system.
We use both session ID cookies and/or persistent cookies. We use session cookies to make it easier for users to navigate our system. A session ID cookie expires when a user closes their browser. A persistent cookie remains on a user's hard drive for an extended period of time. Users can remove persistent cookies by following directions provided by their Internet browser. We use persistent cookies to store members' email addresses, so they do not have to enter it more than once. Persistent cookies also enable us to track and target the interests of our users to enhance the experience and functionality on our site.
If users reject cookies, they may still use our system, but their ability to use some areas of our site may be limited.
We use a software technology called clear gifs (a.k.a. web beacons), that help us better manage content on our site by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users. In contrast to cookies, which are stored on a user's computer hard drive, clear gifs are embedded invisibly on web pages. We tie the information gathered by clear gifs to personally identifiable information users submit while they are on the system.
We use clear gifs in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns.
We gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.
We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users' movements around the site and to gather demographic information about our user base as a whole. We link this automatically-collected data to personally identifiable information.
We aggregate (gather up data across all user accounts) demographic, statistical, historical and other similar information about our users and members and their use of our system.
We do not share personally identifiable information about our members except as follows:
We use an outside company (Paypal) to process subscription payments. This processing company does not retain, share, store or use member payment information for any other purposes.
We use third parties service providers for network, security, email and hosting services for our system. We may use third party service providers to conduct surveys or contests. We will only provide member information that is necessary for third parties to provide their respective services to us. These third parties are prohibited from using personally identifiable information for any other purposes.
Even though members are anonymous while using our system, the improper or illegal use of our system may jeopardize that anonymity. We reserve the right to disclose personally identifiable information about our members, as required by law and when we believe that disclosure is necessary to protect our rights or interests, the rights or interests of others and/or to comply with a judicial proceeding, court order, or legal process.
We will typically communicate with our members using their registered email address. If we cannot reach our members by email, we may use other contact information such as their address , telephone number, Twitter ID, Instant Messenger ID, Facebook ID and/or LinkedIn ID. We will communicate with members in accordance with their preferences and in response to inquiries, to provide requested services and to manage their accounts.
We will send members mandatory service-related announcements and notifications by email when necessary. Members cannot opt-out of these communications, which are not promotional in nature. If members do not wish to receive them, they have the option of canceling their account. We may broadcast important messages to all users or send individual messages to specific members.
Members may choose to receive our voluntary email newsletters and may subscribe and unsubscribe at any time.
We may send information to members by email about our services, including special alerts, offers, awards, surveys, contests, promotions and updates. Members will be given the option not to receive these types of communications.
Members may access and change their registration information using the 'My Account' area provided by the system. Members may change their password, screen name, email address, other contact information, or payment information.
We follow generally accepted industry standards to protect all information collected by us. We use procedural and technical safeguards to protect information against loss, theft and unauthorized access or disclosure during transmission and once we receive it. Perfect security does not exist on the Internet and no method of transmission or electronic storage is completely secure. While we work hard to use commercially acceptable means to protect the information, we cannot guarantee its absolute security.
During registration, members must select a password. Passwords are used to secure member information and the integrity of the system. We only store a one-way encryption of member passwords which means passwords cannot be unencrypted by us. Our login page provides a way for members to obtain access to the system in case they lose or forget their password.
In the event we go through a business transition, such as a merger, acquisition by another company, or a sale of all or a portion of its assets, member information will likely be among the assets transferred to a third party. The third party would then have the right to continue using such information as set forth in this policy.
Links to Other Sites
Our system contains links to other sites that are not owned or controlled by us. We are not responsible for the privacy practices of those other sites. This privacy statement applies only to information collected by us through our system. You should keep aware of when you leave our site and read the privacy statements of each and every other web site that collects your personally identifiable information.
We reserve the right to change this privacy statement at any time, so please review it frequently. This policy was last updated on: November 11, 2010. We will post changes to this statement, our homepage, and other places that we deem appropriate so our members are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. Changes shall automatically be effective when posted unless otherwise indicated. If we make material changes to this policy, we may notify members by email or by other prominent means online.
We will cooperate with law enforcement inquiries. In response to a verified request by law enforcement or other government officials relating to a criminal investigation or alleged illegal activity, we may disclose member information, including personally identifiable information, without a subpoena.
Except as otherwise described herein, we will not disclose member information, including personally identifiable information, without a subpoena, court order or substantially similar legal process or procedure, except when we believe in good faith that the disclosure of such information is necessary to report suspected illegal or improper activity, protect our rights or interests, protect our members' rights or interests, protect the rights or interests of third parties, or enforce our policies and procedures.
For more information or to make suggestions about our privacy policy, please email us at privacy@wikiorgcharts.com
We value your feedback.
Please contact us at:
- WikiOrgCharts, Inc.
- 15 Pequot Dr.
- Norwalk, CT 06855
For e-mail write to us at support@wikiorgcharts.com or click here
