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Website Terms of Use
Published: March 26, 2024
Concentrix Online Services Terms and
Conditions of Use
These Terms and Conditions of Use (these "Terms") form a legally binding
contract between us, Concentrix Corporation, and you when you access, browse,
crawl, scrape or otherwise use www.concentrix.com or any other online service or
communication that displays or includes a link to these Terms (collectively, our
"Services"). When we refer to our "Services", we also mean any part of our
Services. If you use our Services on behalf or for the benefit of an organization,
"you" also includes that organization.
By using our Services, you hereby declare and warrant that you:
• Have read, understand, have the legal capacity to and hereby agree to be
legally bound by and to comply with these Terms in full;
• Have the requisite power and authority to enter into these Terms on behalf
of your organization if you are using the Site on behalf or for the benefit of
that organization; and
• Are of the age of majority in your jurisdiction.
If you do not agree with these Terms, you must not use our Services.
1. Limited Permission to use our Services
Subject to your compliance with these Terms, we grant you a limited, personal,
revocable, non-exclusive, and non-transferable permission to use our Services
solely to search for, identify and view information about our products and services
for lawful and legitimate purposes and to initiate or maintain a relationship with
us ("Authorized Purposes").
2. Our Intellectual Property
Our Services include content, information and other materials, which may include
text, graphics, photographs, trademarks, logos, artwork, videos, sounds, designs,
software, computer code, newsletters and services, as well as the compilation,
structure, coordination, selection and arrangement thereof (collectively,
"Content"). As between you and us, we own or license all Content. Content is
protected by trade dress, copyright, patent and trademark laws, and various other
intellectual property rights and unfair competition laws. You agree that you do
not receive any intellectual property rights in any Content under legal theories
such as by implication, estoppel, or otherwise.
If you provide to us any content, information or other materials (collectively, your
"User Content"), you grant us a royalty-free, unconditional, irrevocable, non-
exclusive, transferable, perpetual and worldwide license to access, copy, modify,
make derivative works of, publish and otherwise use, and to authorize others to do
© 2024 All Rights Reserved. Confidential and Proprietary.
the same with respect to, your User Content, in any format and on any existing or
future platform without restriction or any compensation to you. Your User Content
must be accurate, truthful and up-to-date. Your User Content must not: (i) include
profane, defamatory, obscene, indecent or unlawful content; (ii) violate the
intellectual property rights of any party; or (iii) contain any viruses, malware or other
harmful or disruptive component. We have no obligation to use your User Content
and may remove User Content from our Services that we previously made available
on our Services, including because it violates these Terms. You represent that you
have all necessary rights and authority to provide your User Content to us and grant
the rights that you grant herein.
3. Use Restrictions
You must not use, attempt to use, or allow, encourage or enable anyone else to use
our Services, in any of the following ways:
• To engage in any illegal, unlawful or malicious purpose or activity;
• To infringe our or any third party's intellectual property rights;
• To fulfil any purpose other than the Authorized Purposes;
• To create a service that would compete with our Services or to assist
anyone else in creating such a service;
• To interfere with, disrupt or impair our Services or cause our Services to
process an unreasonably or disproportionately large request or number of
requests;
• To test, circumvent, monitor or breach the technical or security measures
of our Services;
• To use any robot, spider or other application or process to copy, index, mine
or in any way reproduce the Content or the navigational structure or
presentation of our Services;
• To impersonate anyone else, or falsely state or otherwise misrepresent
yourself, or your affiliation with anyone else;
• To sell, resell, license, sublicense, reverse engineer, decompile, disassemble,
reproduce, adapt or modify our Services except as permitted by applicable
law;
• To copy, modify, create derivatives of, distribute, transmit, publish, sell,
resell, license, sublicense, or otherwise use any Content except in
compliance with these Terms;
• To violate any rule or provision of these Terms.
4. Termination
Without prejudice to any other rights we may have under applicable law, we may
temporarily or permanently suspend or terminate anyone's access to our Services
at our sole discretion, including:
•If we reasonably believe you violate or will violate these Terms or any
applicable laws;
• To comply with lawful requests by law enforcement or other government
entities
• As a result of unexpected technical or security issues or problems; or
• Because it is no longer commercially feasible for us to provide our Services.
When we refer to "at our sole discretion", we mean at any time for any or no
reason with or without any notice to you. If we terminate your access to our
Services, your limited permission to use our Services also terminates and you
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must stop using our Services. Any further use of our Services by you thereafter will
be subject to Sections 2 and onward of these Terms. Sections 2 and onward of
these Terms shall survive any termination of these Terms.
5. Privacy
Our Privacy Policy applies to the use of these Services. Except where applicable
laws require us to obtain your consent in another manner, and subject to the
consent preferences you communicate to us, your use of our Services signifies
consent to the collection, use and disclosure of your information as set forth in our
Privacy Policy.
6. Disclaimers; Limitation of Liability; Indemnification
Some laws of some jurisdictions do not allow us to disclaim or exclude certain
types of liability by contract and therefore some of the clauses below may not
apply to you. These Terms are not intended to impact any rights that local laws
provide to you and which cannot be diminished or waived by contract.
A. Disclaimers
We do not promise that our Services will be error-free or uninterrupted or that
any defects will be corrected, or that your use of our Services will provide specific
results. We provide our Services on an "as-is" and "as-available" basis. We expressly
disclaim all representations, warranties and conditions, express or implied,
including warranties of accuracy, non-infringement, merchantability, and fitness
for a particular purpose. We disclaim any and all liability for the acts, omissions
and conduct of any third parties in connection with or related to your use of our
Services. You assume full responsibility for your use of our Services and any sites
operated by third parties to which our Services may link. Your sole remedy against
us for dissatisfaction with our Services is to stop using our Services. This limitation
of relief is part of the bargain between the parties. The above disclaimer applies to
any damages, liability or injuries caused by any failure of performance, error,
omission, interruption, deletion, defect, delay in operation or transmission,
computer virus, communication line failure, or theft, destruction, unauthorized
access to, alteration or use of your personal information, whether for breach of
contract, tort, negligence or any other cause of action.
B. Limitation of Liability
To the maximum extent permitted by applicable law and notwithstanding any
other provision of these Terms, in no event shall we or any of our affiliates or
suppliers, including any of our or their partners, officers, employees, agents,
contractors, successors, or assignees, (collectively, "Concentrix Parties") be liable
to you for any indirect, special, incidental, exemplary, punitive, or consequential
damages, whether arising in contract, equity, tort, or otherwise, or for damages
related to delay, loss of goodwill, loss of business reputation, loss of or damage to
data, interruption in use or availability of data, loss of use of money or use of
products, lost profits, revenue or savings (actual or anticipated), or other economic
loss ensuing from or in connection with the existence, access to, use of, or inability
to use our Services, even if any Concentrix Party has been advised of the
possibility of such damages. These limitations shall apply notwithstanding the
failure of the essential purpose of any limited remedy. To the maximum extent
permitted by applicable law, our aggregate liability to you for damages or losses
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suffered by you in connection with your use of our Services shall not exceed USD
$5.00.
C. Indemnification
To the maximum extent permitted by applicable law, you agree to indemnify,
defend, and hold harmless Concentrix Parties from and against all claims,
demands, lawsuits, damages, liabilities, losses, costs, or expenses (including, but
not limited to, reasonable fees and disbursements of counsel and court costs),
judgments, settlements, and penalties of every kind arising from or relating to any
violation of these Terms by you and any action or omission committed by you
related to your use of our Services. Concentrix Parties may assume the exclusive
defense and control of any matter subject to indemnification by you at their own
expense, in which case you agree to provide such parties with all reasonably
requested assistance, information and cooperation at your own expense.
7. Governing Law; Disputes
A. Governing Law
We are located in California, USA and you agree that all matters relating to your
access to or use of our Services, including all disputes arising in respect of, or in
connection with, these Terms, including the validity, breach or termination of
these Terms ("Disputes"), will be governed by the laws of the State of California
and the federal laws of the USA that apply therein without regard to their conflict
of laws provisions.
B. Disputes
A party must, as soon as reasonably practicable, give the other party written
notice of any Dispute. Notices to us must be sent by email to
[email protected]. You and Concentrix must endeavor to resolve the Dispute
in good faith within 30 days of receipt of notice of the Dispute. If you and
Concentrix are unable to resolve the Dispute in good faith within this period, you
agree that the Dispute shall be resolved exclusively in the state or federal courts
located in Los Angeles County, California, USA (or the county, city or locality in
which a Concentrix Party is located, if that Concentrix Party is a party to the
proceeding). Notwithstanding the foregoing, we may institute a proceeding for
equitable relief in any court of competent jurisdiction.
8. Modifications
We may modify, suspend or terminate our Services at our sole discretion. We may
amend these Terms from time to time, such as when we modify our Services or to
address applicable legal requirements. We will provide you with prior notice or
obtain your consent to material amendments where required by applicable law. If
you do not agree to the amended Terms, you must stop using our Services.
9. General Provisions
If a court or other governmental authority decides that one or more of these
Terms are void, invalid or otherwise unenforceable, you agree that the rest of the
Terms will remain in effect. We do not waive any of our rights or remedies under
these Terms even if we do not promptly address any violation by you of these
Terms. These Terms constitute the entire agreement between you and us with
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respect to our Services and supersede all prior or contemporaneous agreements.
We may assign, delegate or otherwise transfer any of these Terms to another
party without notice to you, to the extent permitted by applicable law. You may
not assign, delegate, sublicense or otherwise transfer any of your rights or
obligations hereunder to any third party without our prior written consent. Any
attempt to assign, delegate, sublicense or transfer such rights or obligations
without our prior written consent shall be null and void. Words indicating the
singular include the plural and vice-versa. Headings are for convenience only and
do not affect interpretation of these Terms. Any words following the terms
"including", "include", "in particular", "for example", "such as" or any similar
expression are illustrative and do not limit the sense of the words preceding such
expressions.
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