Third Party Index

Snapshot 35205

Document
Terms
URL
https://www.concentrix.com/wp-content/uploads/2024/04/Concentrix-Website-Terms-of-Use.pdf
Fetched
HTTP status
200
Content type
application/pdf
Fetch mode
pdf
Size
172966 bytes
SHA-256 (raw)
7753a467b775f8bcdf91016e9298280578f134e149a2a5a6e78de6ff34e91091
SHA-256 (normalized text)
99a74aa84f0b050738cb5233c1029583f5ed5c3c48e348f4b256ff65dcb64c99

Normalized text

Scripts and page chrome removed; this is what change detection compares.

                                                                        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

© 2024 All Rights Reserved. Confidential and Proprietary.                                      2
        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

© 2024 All Rights Reserved. Confidential and Proprietary.                                     3
        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

© 2024 All Rights Reserved. Confidential and Proprietary.                                       4
        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.

© 2024 All Rights Reserved. Confidential and Proprietary.                                    5