Terms of Use
Welcome! Inner Sourcing, a direct project of the Crestwood Foundation, (“Inner Sourcing”, “us”, “our” or “we”), owns and operates this website, services, content, technologies and applications located at Innersourcing.io (” Website”) These Terms of Use (“Terms”) constitute a legally binding agreement made by and between Inner Sourcing and the user of this Site (personally and, if applicable, on behalf of the entity for whom you are using the Site; collectively, “you”).
BY ACCESSING, USING ANY PART OF THE WEBSITE OR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS, WHICH CONTAIN LIABILITY LIMITATIONS. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE THE WEBSITE OR ANY SERVICES.
If you have any questions about these Terms, please contact us by email at goinnersourcing@gmail.com.
About Our Website
Subject to compliance with these Terms, Inner Sourcing gives users the ability to consume wellness content, post comments and other user generated content, and to access our Services on a variety of topics relevant to our Website (collectively, the “Services”). You agree that all transactions will be performed electronically and that the terms of access to and use of any Services will be governed by these Terms.
About The Terms
The Terms have the same effect as an agreement in writing and govern your use of our Website. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY CEASE USE OF OR ACCESS TO OUR WEBSITE AND/OR ANY SERVICES. We may modify the Terms at any time. These terms were last revised on January 15th, 2021. Each time you visit or log into our Website, you reaffirm your acceptance of these Terms. You are responsible for regularly reviewing the Terms. The Terms are supplemented by additional terms and conditions applicable to privacy, and may be supplemented by additional terms and conditions applicable to specific areas of our Website, or to particular content in particular areas of our Website.
Please read this Terms of USE Agreement (“TOU Agreement”) carefully. We ask that you review and abide by these terms, our Privacy Policy, and any other terms and conditions that may appear on the Website from time to time. This TOU Agreement between Inner Sourcing (“Inner Sourcing”, “we”, “us”, or “our”) and the user (“you” or “User”) governs the use of: (i) our website, www. Inner Sourcing.io (“Website”); (ii) the services and resources available or enabled via our Website (the “Services”); and (iii) all content, including, designs, graphics, text, photographs, illustrations, icons, multimedia, and other material that you see or read, and all related code (collectively, “Our Content”). Collectively the Website, Services, and Our Content are “Our Properties.” This Website and its Content are intended solely for personal and non-commercial use by you. Any use of this Website or its Content other than for personal and non-commercial purposes is prohibited.
You understand that Our Properties are evolving. As a result, you acknowledge and agree that we may update Our Properties with or without notifying you. You may need to update third-party software from time to time to use Our Properties. Our Content is provided for informational purposes only. We may, in our sole discretion, change, delete, update, modify or otherwise alter the Services and Our Content at any time without providing you notice, and, in addition, we may change the resources and availability of Services in our sole discretion at any time without providing you notice. All photos, videos, and other images on our Website are for illustrative purposes only. The actual products or materials may vary from that shown on our Website. We make reasonable efforts to accurately display the attributes of our Content, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors.
Changes to this TOU Agreement:
Inner Sourcing reserves the right, at its sole discretion, to modify or replace any of these Terms of Service at any time. It is your responsibility to regularly check our Website to view the then-current TOU Agreement. When we make changes, we will make the new copy of the TOU Agreement available on the Website and update the ‘last updated’ date at the top of this TOU Agreement. Any changes to this TOU Agreement will be effective immediately for new users of Our Properties and will be effective thirty (30) days after posting notice of such changes on our Website for existing users. Inner Sourcing may require you to provide consent to the updated TOU Agreement in a specified manner before we permit further use of Our Properties. If you do not agree to any change(s), you shall stop using Our Properties. Otherwise, your continued use of any of Our Properties following the posting of any changes to the TOU Agreement constitutes your acceptance of such change(s).
HEALTHCARE DISCLAIMER
INNER SOURCING SERVICES, INCLUDING ITS ONLINE SERIES AND RESOURCES, ARE NOT INTENDED TO DIAGNOSE, TREAT, OR CURE ANY PSYCHOLOGICAL OR MEDICAL CONDITIONS. OUR WEBSITE AND SERVICES MAY INCLUDE INFORMATION AND INSTRUCTION RELATING TO PSYCHOLOGICAL AND OVERALL EMOTIONAL AND MENTAL WELL-BEING, AND SOME OF THE RESOURCES AND SERVICES AVAILABLE THROUGH OUR WEBSITE RELATE TO SUCH TOPICS FOR INFORMATIONAL PURPOSES ONLY. YOU ACKNOWLEDGE AND AGREE THAT THE FOLLOWING WARNINGS AND DISCLAIMERS SHALL APPLY TO ALL SUCH INFORMATION, INSTRUCTION, RESOURCES AND SERVICES:
INNER SOURCING, ITS STAFF AND THE CONTENT-PROVIDERS ARE NOT LICENSED MEDICAL CARE OR HEALTHCARE PROVIDERS, AND ARE NOT RENDERING PERSONAL MEDICAL AND/OR PSYCHOLOGICAL ADVICE OR TREATMENT, AND HAVE NO EXPERTISE IN ADVISING ON, DIAGNOSING, EXAMINING, OR TREATING MEDICAL OR MENTAL HEALTH CONDITIONS OF ANY KIND, OR IN DETERMINING THE EFFECT OF HYPNOSIS, PSYCHOLOGICAL OR ANY WELLNESS SERVICES. BY USING THE SERVICES, YOU FURTHER REPRESENT THAT YOU UNDERSTAND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE COMPLETENESS, ACCURACY, OR APPROPRIATENESS FOR ANY PURPOSE OF ANY INFORMATION OR CONTENT CONTAINED ON OUR WEBSITE OR THE ONLINE SERIES. WE ARE COMMITTED TO BRINGING YOU THE MOST UP TO DATE INFORMATION, HOWEVER, WE MAKE NO GUARANTEE THAT THE INFORMATION HEREIN IS THE MOST RECENT ON ANY PARTICULAR SUBJECT.
BASED ON THE FOREGOING, NOTHING CONTAINED ON THE WEBSITE OR OTHER RESOURCES OR SERVICES OFFERED BY INNER SOURCING SHOULD BE CONSTRUED AS ANY FORM OF SUCH MEDICAL ADVICE OR DIAGNOSIS. WITHOUT LIMITING ANYTHING SET FORTH HEREIN, YOU EXPRESSLY WAIVE AND RELEASE ANY CLAIM THAT YOU MAY HAVE AT ANY TIME FOR INJURY OF ANY KIND AGAINST INNER SOURCING, THE CRESTWOOD FOUNDATION, OR ANY PERSON OR ENTITY INVOLVED WITH INNER SOURCING OR THE CRESTWOOD FOUNDATION, INCLUDING WITHOUT LIMITATION ITS DIRECTORS, PRINCIPALS, INSTRUCTORS, INDEPENDENT CONTRACTORS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES AND REPRESENTATIVES.
Terms and Conditions
To use the Website you must be, and represent and warrant that you are, of legal age (18 years of age or older) and competence. By using the Website on behalf of any third party, you are representing to us that you are an authorized representative of that third party and that your use of the Website constitutes that third party’s acceptance of these Terms. In addition, if you have been previously prohibited from accessing the Website or the website of any of our affiliates, you are not permitted to access the Website.
This Website may contain links to third-party services and resources. You acknowledge that (a) Inner Sourcing is not responsible for the contents of any linked website or any link contained in a linked website, or any changes or updates to such websites; and (b) Inner Sourcing is not responsible for any other form of transmission received from any linked website. Inner Sourcing is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Inner Sourcing of the website. Any concerns regarding any such link should be directed to the particular third-party website.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access the Website and use the Services for your personal, non-commercial use, and as we otherwise intend. Inner Sourcing reserves the right to monitor the Service for the purpose of determining that your usage complies with these Terms.
1. Prohibited Conduct.
You may not use the Website or Services other than as expressly permitted by these Terms. Without limitation, you will not, directly or indirectly: (a) copy, reproduce, modify, distribute, display, create derivative works of or transmit any content on the Website; (b) use the Service or Website commercially; (c) reverse engineer, decompile, tamper with or disassemble the technology used to provide the Service or Website (except as and only to the extent any foregoing restriction is prohibited by a non-waivable provision of applicable law); (d) interfere with or damage the Service, Website, or underlying any technology; (e) impersonate or misrepresent your identity or affiliation; (f) attempt to obtain unauthorized access to the Service or Website; (g) collect information about users of the Service, the Website, or the Service; (h) violate, misappropriate or infringe a third party’s intellectual property or other right, or any social media platform terms; (i) violate any law, rule, or regulation, or (j) interfere with any third party’s ability to use or enjoy, or our ability to provide, the Service or Website.
If we become aware of any possible violations, or if we, in our sole discretion, determine that you breached any portion of this TOU Agreement or have otherwise demonstrated conduct inappropriate for Our Properties, we reserve the right to:
Investigate your behavior, including your possible violations;
Refer the matter to, and cooperate with any and all applicable legal authorities;
Disclose any information on Our Properties to comply with applicable laws, legal processes or governmental requests;
Deactivate your Account and cancel your product purchase(s);
Enforce this TOU Agreement; and
Pursue any other action that we deem to be appropriate.
2. Account Registration and Account Use.
If you create an account, you must provide us with complete and accurate information. You must promptly update such information to keep it complete and accurate. You are entirely responsible for maintaining the confidentiality of your password and account. You are entirely responsible for any and all activities that occur under your account. You may not use anyone else’s account at any time. Excessive viewings or logins by you will be construed by us as fraudulent use of services, which will result in the immediate cancellation of your access to the Services. When accessing a Service, you agree to take all actions possible to protect your username and password from fraudulent use.
You agree to notify Inner Sourcing immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or account, either with or without your knowledge. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by Inner Sourcing or a third party due to someone else using your account.
Inner Sourcing has no obligation to retain a record of your account or any data or information that you may have stored for your convenience by means of your account or the Services.
3. We May Discontinue or Suspend Our Website or Terminate Your Use.
These Terms are effective unless and until terminated by you or us. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our Website (or any part thereof) with or without notice. You agree that we shall not be liable to you or any third party for any such termination, modification, suspension or discontinuance of our Website. We may deny you access to all or part of the Website at any time for any reason (including if you violate these Terms, as determined in our sole and absolute discretion) or no reason at all. If we terminate your right to access the Website, these Terms will terminate and all rights you have to access the Website will immediately terminate.
Term. This TOU Agreement shall commence on: (i) the date you accepted this TOU Agreement or (ii), if earlier, the date you first used any of Our Properties (the “Effective Date”), and will remain in full force and effect while you use Our Properties unless terminated earlier in accordance with this TOU Agreement.
Termination. We reserve the right to block access to, suspend, or terminate your access to Our Properties or your Account, with or without notice, if we, in our sole discretion, determine that you are in breach of this TOU Agreement.
Effect of Termination. In the event that we terminate your access to Our Properties and/or your ability to create an Account, we may remove your access from, bar your right to further use, and delete your password and Account on our Website. Termination of access to Our Properties shall terminate this TOU Agreement. All provisions of this TOU Agreement that should survive termination, shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.
No Subsequent Registration. If we discontinue your ability to access Our Properties and/or create an Account, you agree that you shall not attempt to re-register with or access Our Properties, for example, by using a different username; upon violation, we reserve the right, in our sole discretion, to immediately take any and all of the actions set forth herein without any notice or warning to you.
4. We Have All Rights In Our Website and Inner Sourcing Content; We Disclaim Any Liabilities in Connection with Third-Party Content and Services; You Grant Us Certain Rights When You Submit Content to Us:
Our Website (including all text, photographs, graphics, video and audio content contained on Our Website) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein (“Content”). All individual articles, blogs, videos, content and other elements comprising our Website are also copyrighted works, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. You must abide by all additional copyright notices or restrictions contained on our Website. The Content, trademarks, service marks and logos contained therein (“Marks”), the design of the Website and/or Services (“Site Design”), and all software and other technology used to provide the Website and/or Services (“Technology”), are owned by or licensed to Inner Sourcing and/or its affiliates (collectively, “Inner Sourcing Content”). Inner Sourcing Content is provided to you “as is” for your information and personal use only and may not be used, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever. We reserve all rights not expressly granted in and to the Website, Inner Sourcing Content. Using the Website and/or Services does not give you any ownership of or right in or to any Inner Sourcing Content.
We may display copyrighted materials from various individuals and entities, and if copyright notices for such materials are required, they are set forth wherever such licensed material appears on Our Properties.
License. We grant you a limited, revocable, non-exclusive, non-transferable, non-assignable, non-commercial license to browse, access and view any of Our Properties made available to our users.
Certain Restrictions. The rights granted to you in this TOU Agreement are subject to the following restrictions:
· You shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Our Properties or any portion of Our Properties, including the Website;
· Except as expressly stated herein, you shall not copy, modify, reproduce, distribute, republish, download, display, post, repost, or transmit, in any forms or by any means, any part of Our Properties;
· You shall not remove or destroy any copyright, trademark, service mark, or other proprietary rights notices or markings contained on or in Our Properties;
· You shall not frame or use framing techniques to enclose any of Our Properties, including any trademark or logo, (including images, text, page layout or form);
· You shall not use any metatags or other “hidden text” using Inner Sourcing’s Marks;
· You shall not modify, translate, adapt, merge, or make derivative works of any part of Our Properties;
· You shall not use any manual or automated software, devices or other processes (including spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of the materials, but not caches or archives of such materials); and
· You shall not use the Website for any illegal, obscene, abusive, offensive, harassing, improper or objectionable purpose, to sell or offer to sell any goods or services, to conduct or forward surveys, contests, or chain letters, or for any purpose that is prohibited by this TOU Agreement.
Any future update or other addition to Our Properties shall be subject to this TOU Agreement. Inner Sourcing and its suppliers and service providers reserve all rights not granted in this TOU Agreement. Any unauthorized use of Our Properties terminates the licenses granted by Inner Sourcing within this TOS Agreement.
The Website may contain information and content provided by third parties. We have no obligation to monitor, we do not endorse, and we are not liable for any third-party content. In addition, the Website may contain links to third-party websites. Inner Sourcing is not responsible for the content on any linked site or any link contained in a linked site. We do not endorse or accept any responsibility for the content on such third-party sites.
Third parties may offer their services directly to you through the Website. In such case, you may be required to agree to the third party’s terms of service and/or privacy policy to use the service. Inner Sourcing will not be liable in any way for the acts or omissions of such third party, the terms of service or privacy policy of the third party or its failure to adhere to its terms of service or privacy policy, or any loss, damages, liability or expenses (including attorneys’ fees) that you may incur arising from or related to such third party’s services or products.
You acknowledge and agree that you are solely responsible for all the User Content that you make available through the Website, including, without limitation, any personal information, such as your home address, the home address of others, or your current location. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF YOUR SHARING OR POSTING ANY PERSONAL OR OTHER INFORMATION ON OUR WEBSITE. Accordingly, you represent and warrant that: (1) you have all rights, licenses, consents and releases necessary to grant Inner Sourcing the required rights to disseminate any User Content, (2) neither your User Content nor your posting, uploading, publication, submission or transmittal of this User Content or Inner Sourcing’s use of your uploaded User Content (or any portion thereof) on, through or by the means of the Website, will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy, (3) publish falsehoods or misrepresentations that could damage us or any third party; (4) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (5) you will not post content intended to provide professional advice, including the provision of medical advice; or (6) post advertisements or solicitations of business.
You understand that when you submit content in any form to Inner Sourcing or our Website we may authorize such content to be distributed or syndicated to or published on other Inner Sourcing -branded environments. We have the right to remove or edit any User Content for any reason or no reason at all.
You Have Rights if You Believe Your Copyright is Being Infringed: In accordance with the Digital Millennium Copyright Act of 1988, Inner Sourcing promptly responds to claims of copyright infringement committed on Our Properties if such claims are reported to our designated Copyright Agent. If you believe in good faith that your work has been posted on Our Properties in a way that constitutes copyright infringement, please provide the information requested below:
Inner Sourcing respects the rights of others and we expect users of our Website and Services to do the same. These Terms prohibit the infringement of the copyrights of others, and it is also our policy that we may remove, suspend, terminate access, or take other appropriate action against repeat offenders. We may also remove content that in our sole discretion appears to infringe the intellectual property rights of others.
How to File an Infringement Notification.
If you have evidence, know, or have a good faith belief that content residing on or accessible through our Website infringes a copyright which you own or for which you are a designated agent, please send a notice of infringement by email to Inner Sourcing designated Copyright Agent Angela Wren Thurston to receive notifications of claimed infringement by the following means:
Copyright Agent
Angela Wren Thurston
goinnersourcing@gmail.com
and with the information that sets forth the items specified below:
• Identify the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by a single notification, provide a representative list of such works.
• Identify the material that is claimed to be infringing or to be the subject of infringing activity. Include information reasonably sufficient to permit upwards to locate the material. Please provide a URL and screenshots for each item. Include the specific asset(s) or page(s) that you claim to be infringing. Say “entire work” ONLY if all assets/pages in a collection/document are infringing.
• Include details of your claim to the material, or your relationship to the material’s copyright holder.
• Provide your full name, address, and telephone number should we need to clarify your claim.
• Provide a working email address where we can contact you to confirm your claim.
• If true, include the following statement: “I have a good faith belief that use of the copyrighted materials described above as the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”
• If true, include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner to make this complaint.”
• Sign the document, physically or electronically.
5. We are Not Responsible For and Do Not Necessarily Hold the Opinions Expressed by Our Content Contributors: Opinions and other statements expressed by users and third parties (e.g., bloggers) are theirs alone, not opinions of Inner Sourcing. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute content through our Website and/or Services, Inner Sourcing is not undertaking any obligation or liability relating to the content. Inner Sourcing and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor our Website for inappropriate or unlawful content. Inner Sourcing and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, Inner Sourcing reserves the right to block or remove communications, postings or materials at any time in our sole discretion.
6. Your Use of Our Website is Subject to Certain Disclaimers:
THE WEBSITE AND SERVICES ARE PROVIDED “AS AVAILABLE” AND “AS IS,” TO THE FULLEST EXTENT PERMITTED BY LAW, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. INNER SOURCING DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THIS PROVISION IS NOT INTENDED TO DISCLAIM LIABILITY THAT WE MAY NOT DISCLAIM UNDER APPLICABLE LAW.
USE OF WEBSITE IS AT YOUR OWN RISK. INNER SOURCING DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, SERVICES OR EMAILS SENT TO YOU WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR THAT ALL INFORMATION WILL BE ACCURATE OR COMPLETE. YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF MATERIAL OR DATA. INNER SOURCING MAKES NO REPRESENTATION, WARRANTY, GUARANTEE OR PROMISE THAT THE WEBSITE OR SERVICES OR ONLINE SERIES WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR RESULTS. OUR WEBSITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES OR OTHER INFORMATION CREATED BY US OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON OUR WEBSITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE.
INNER SOURCING DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY WEBSITE FEATURED OR LINKED TO THROUGH THE WEBSITE, AND INNER SOURCING WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. INNER SOURCING WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE OR IN OTHER JURISDICTIONS.
TO NEW JERSEY RESIDENTS, THE PROVISIONS ABOVE ARE INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY THE LAW OF THE STATE OF NEW JERSEY ONLY.
User Generated Content.
Types of Content. You and other users may be able to originate data, information, text, music, sounds, photos, graphics, images, designs, icons, video or audio clips, files and comments, including but not limited to feedback, suggestions, reviews, questions or other material or content regarding our existing products, marketing strategies, business and customer service, or other content (“User Content”) on Our Properties. You acknowledge that the user who originated the User Content, and not Inner Sourcing, has sole responsibility for it. That means you, and not Inner Sourcing, are entirely responsible for User Content you upload, post, message, or otherwise make available (“Make Available”) on Our Properties (“Your Content”).
You Own Your Content. We do not claim ownership of Your Content. But, when you (as a user) upload, post, publish, or otherwise make available Your Content on Our Properties you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including moral rights) and license to use, sublicense, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue from, and communicate to the public, perform and display Your Content, and all portions thereof, and to incorporate it in other works in any form, media or technology now known or later developed, for the full term of all worldwide intellectual property rights that may exist in Your Content.
Your Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to us through our suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Inner Sourcing has no obligations (including obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback.
License to Your Content and Feedback. You hereby grant Inner Sourcing a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right (including any moral rights) and license to use, sublicense, distribute, reproduce, modify, adapt, publicly perform, publicly display, re-format, and otherwise commercially or non-commercially exploit in any manner any and all of Your Content and Feedback, and any portions thereof, for the purposes of operating, maintaining, providing, and enhancing Our Properties. Please note that users may search for, see, use, modify, and reproduce any of Your Content or Feedback that you submit in a non-private or “public” area of Our Properties.
7. LIMITATION OF LIABILITY
IN NO EVENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WILL INNER SOURCING, THE CRESTWOOD FOUNDATION, THEIR PARENTS, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, SUPPLIERS, VENDORS, MANUFACTURERS AND DISTRIBUTORS OR REPRESENTATIVES (COLLECTIVELY “INNER SOURCING” FOR PURPOSES OF THIS SECTION) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE PERFORMANCE, USE OF OR THE INABILITY TO USE THE WEBSITE, OR SERVICES, EVEN IF INNER SOURCING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE OR OTHERWISE. INNER SOURCING WILL NOT BE LIABLE FOR THE COST OF SERVICES, LOSS OF REVENUE OR LOSS OF GOOD WILL.
BECAUSE SOME STATES OR JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, OR LIMITATIONS ON OR EXCLUSIONS OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU DEPENDING ON YOUR STATE OR NATION OF RESIDENCE.
Data. You are responsible for creation, storage, and backup of your data and records. These Terms and any registration for or subsequent use of this Website or the Services will not be construed as creating any responsibility on Inner Sourcing part to store, backup, retain, or grant access to any information or data for any period.
8. INDEMNITY
You agree to defend, indemnify and hold harmless Inner Sourcing, The Crestwood Foundation, their affiliates and their respective its parents, subsidiaries, affiliates, officers, directors, employees, agents, partners, licensors, suppliers, vendors, manufacturers and distributors (collectively, “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities and expenses (including attorneys’ fees) incurred in connection with any third-party claim brought or asserted against any of the Indemnified Parties: (a) alleging facts or circumstances that would, if true, constitute a violation of any provision of these Terms by you; (b) alleging bodily injury, death, property damage or other damages arising from your or a third party’s use or misuse of any service or transaction on this Website; (c) arising from or related to any other party’s access and use of the Services with your unique username, password or other appropriate security code (if such codes are required to access Services in the future); (d) arising from or related to our use of your User Content or Feedback in the context of the Services; or (e) arising from, related to, or connected with your use or misuse of the Website or Services. We may, in our sole and absolute discretion, control the disposition of any such claim at your sole cost and expense. You may not settle any such claim without our express written consent.
We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any and all available defenses. This provision does not require you to indemnify any of the Indemnified Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this Section will survive any termination of your Account, this TOU Agreement or your access to Our Properties.
9. We May be Legally Compelled to Disclose Certain Information: You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.
10. You Are Responsible for Your Own Access. You are responsible for obtaining at your own expense all equipment and services needed to access and use our Website and the Services, including all devices, Internet browsers and Internet access. If you access our Website, a Website application or any Services through a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, text messaging and other wireless access or communications services.
11. We Do Not Target Children Under Age 13. Due to the nature of the Internet, we cannot prohibit minors from visiting Our Website, including without limitation, our Services. our Website and our Services are not directed toward children under the age of 13 and we do not knowingly collect information from children under the age of 13 through our Website or the Services. If you believe that a child has provided information to us through our Website or the Services, please contact us by email at goinnersourcing@gmail.com. We will use our best efforts to remove all of the information provided by the child from our system.
12. You Need to Bring any Action Against Us Within One Year. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to our Website, your use of our Website, or your access to and use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
13. You Must Abide by Applicable International Laws. Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
14. DISPUTES
You and Inner Sourcing agree that any claim or controversy that arises between us relating in any way to any breach, enforcement, or termination of the Terms or your use of or access to the Site or Service (each a “Covered Matter” and collectively, “Covered Matters”), will be resolved in accordance with the provisions set forth in this Section.
1. Informal Resolution. If you have any dispute with Inner Sourcing, you and Inner Sourcing agree that before taking any formal action, you will contact us at goinnersourcing@gmail.com, provide a brief, written description of the dispute and your contact information (including the email address associated with your account, if your dispute relates to an account), and allow sixty (60) days to pass, during which Inner Sourcing will attempt to reach an amicable resolution of any issue with you.
2. Applicable Law. You and Inner Sourcing agree that United States federal law including the Federal Arbitration Act, and (to the extent not inconsistent with or pre-empted by federal law) the laws of the State of Virginia, USA, without regard to conflict of laws principles, will govern all Covered Matters. Such body of law will apply regardless of your residence or the location of where you use the Inner Sourcing Services.
3. Agreement to Arbitrate Disputes. You and Inner Sourcing agree that these Terms and each of its parts evidence a transaction involving interstate commerce, and the Federal Arbitration Act applies in all cases and governs the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any Covered Matter must be asserted individually in binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (including the Supplementary Procedures for Consumer-Related Disputes, if applicable). The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. Arbitration shall be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ and other legal fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at jamsadr.com or by calling JAMS at 800-352-5267.
4. In the event that Inner Sourcing has parent companies, subsidiaries, affiliates, successors and assigns, and all of its and their respective officers, directors, employees, agents and representatives (collectively, the “Inner Sourcing Parties”), this agreement to arbitrate agreements applies to them, as well. This Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state or local agencies. Such agencies can, if the law allows, seek relief against the Inner Sourcing Parties on your behalf. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THIS TOU AGREEMENT, INCLUDING THIS ARBITRATION AGREEMENT.
5. You and Inner Sourcing further agree that:
1. The arbitrator will utilize phone, or video conference proceedings where appropriate and permitted to mitigate costs of travel.
2. The arbitrator will not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals.
3. The arbitrator, and not any federal, international, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms, including any claim that all or any part of these Terms is void or voidable or a particular claim is subject to arbitration. Authority of Arbitrator. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the TOU Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Inner Sourcing Parties.
6. The Arbitrator’s Award. You and Inner Sourcing agree that for matters where the relief sought is over $5,000, the arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Users, but is bound by rulings in prior arbitrations involving the same User to the extent required by applicable law. You and Inner Sourcing agree that the arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in and enforced by any court of competent jurisdiction. YOU AND INNER SOURCING AGREE THAT THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
7. Exceptions To Our Agreement To Arbitrate Disputes. There are only two exceptions to this agreement to arbitrate:
1. First, if either party reasonably believes that the other party has in any manner violated or threatened to infringe the intellectual property rights of the other party, the party whose rights have been violated may seek injunctive or other appropriate interim relief in any court of competent jurisdiction.
2. Second, each party will retain the right to seek relief in a small claims court within the United States for disputes or claims brought on an individual basis within the scope of the jurisdiction of such courts.
8. Who Bears the Costs of Arbitration. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous or without merit, you agree that Inner Sourcing is relieved of its obligation to reimburse you for any fees associated with the arbitration. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). Arbitration under these Terms and Conditions shall be held in the United States in the Eastern District of Virginia under Virginia law without regard to its conflict of laws provisions. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
9. Future Amendments to the Agreement to Arbitrate. Notwithstanding any provision in the Terms to the contrary, you and Inner Sourcing agree that if Inner Sourcing makes any amendment to the agreement to arbitrate under this Section in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Inner Sourcing prior to the effective date of the amendment. However, the amendment shall apply to all other disputes or claims governed by the agreement to arbitrate that have arisen or may arise between you and Inner Sourcing. If you do not agree to these amended terms, you may close your account within thirty (30) days of the posting or notification of such amended terms and you will not be bound by the amended terms.
10. Judicial Forum for Legal Disputes. Unless you and Inner Sourcing agree otherwise and except as described in Section (Small Claims Court), in the event that the agreement to arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the agreement to arbitrate, or as a result of a decision by the arbitrator or a court order, or because you are an international User to which this agreement to arbitrate does not apply, you agree (except as otherwise provided by law) that any claim or dispute that has arisen or may arise between You and Inner Sourcing must be resolved exclusively by a state or federal court located in Alexandria, Virginia. You and Inner Sourcing agree to submit to the exclusive personal jurisdiction of the courts located within Alexandria, Virginia for the purpose of litigating all such claims or disputes.
11. YOU MAY OPT-OUT OF ARBITRATION. IF YOU ARE A NEW INNER SOURCING USER, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION (“OPT-OUT”) BY EMAILING US AN OPT-OUT NOTICE TO GOINNERSOURCING@GMAIL.COM (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ACCEPT THE TERMS OF USE FOR THE FIRST TIME. IF YOU ARE NOT A NEW INNER SOURCING USER, YOU HAVE UNTIL THIRTY (30) DAYS AFTER THE POSTING OF THE NEW TERMS TO SUBMIT AN ARBITRATION OPT-OUT NOTICE.
12. Arbitration Opt-Out Procedure. In order to opt-out, you must email your name, address (including your street address, city, state, and zip code), your phone number, email address(es) associated with your account(s) to which the opt-out applies, and an unaltered digital image of your valid driver’s license to: goinnersourcing@gmail.com. Include a clear statement that you wish to opt out of this arbitration provision in these Terms and Conditions. This Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms of Use by using the Website. If you opt out of this Arbitration Agreement, all other parts of this TOU Agreement will continue to apply to you. This procedure is the only way you can opt out of the agreement to arbitrate in this Section. If you opt out of the agreement to arbitrate, all other parts of the Terms and this Section will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with Inner Sourcing.
13. YOU WAIVE CERTAIN RIGHTS. BY AGREEING TO THE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE (i) TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE), (ii) TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES, AND (iii) TO A TRIAL BY JURY EVEN IF ANY ARBITRATION IS NOT REQUIRED UNDER THE TERMS.
14. STATUTE OF LIMITATIONS FOR YOUR CLAIMS. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY COVERED MATTER MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
Survival of Arbitration Agreement. This Arbitration Agreement will survive the termination of your relationship with Inner Sourcing.
Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL INNER SOURCING, THE CRESTWOOD FOUNDATION, THEIR PARENTS, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, SUPPLIERS, VENDORS, MANUFACTURERS AND DISTRIBUTORS OR REPRESENTATIVES BE LIABLE FOR ANY: (i) LOSS OF PROFITS, REVENUE OR DATA; (ii) INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR PROPERTIES; OR (iii) DAMAGES OR COSTS DUE TO PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS TOU AGREEMENT OR OUR PROPERTIES.
1. All terms of these Terms, which by their nature would survive the termination, shall survive.
2. Force Majeure: Under no circumstances shall Inner Sourcing or its licensor or supplier be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.
3. No Waiver; Severability: No waiver of any term of these Terms will be binding unless in writing, no waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and the failure of Inner Sourcing to exercise or enforce any right or remedy in these Terms does not waive that right or remedy. If an arbitrator or a court of competent jurisdiction finds any provision of these Terms to be invalid, the parties agree that the court should endeavor to give effect, to the maximum extent permitted by law, to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect.
4. Miscellaneous: These Terms (and all policies, terms and conditions referenced herein) constitute the entire agreement between you and Inner Sourcing and govern your use of the Website, and Services provided by Inner Sourcing, and supersedes any prior agreements between you and Inner Sourcing on the subject matter. You also may be subject to additional terms that may apply when you use certain Inner Sourcing services or third-party content, links or websites. These Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by you. These Terms, and any rights or licenses granted hereunder, may be assigned or delegated by Inner Sourcing without restriction. These Terms bind and inure to the benefit of each party and the party’s successors and permitted assigns. These Terms may not be modified by an oral statement by a representative of Inner Sourcing. A party’s failure or delay in exercising any right, power or privilege under these Terms will not waive its rights to exercise such right, power, or privilege in the future, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise of such right, power, or privilege, or the exercise of any other right, power, or privilege under these Terms. No agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms. You agree to comply with all applicable laws in your use of the Website and Services. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form. These Terms will not be construed against the drafter. “Include(s)” or “including” means, respectively, “include(s), without limitation,” or “including, without limitation,”, unless expressly stated otherwise. If you are using the Website or Services for or on behalf of the U.S. or any other government, your license rights do not exceed those granted to non-government consumers.
5. Use Outside the United States of America: The Website is controlled and offered by Inner Sourcing from the United States of America. Inner Sourcing makes no representations that the Site is appropriate for use in other locations. Those who access or use the Website from other locations do so at their own risk and are responsible for compliance with local law. You consent to the processing in the United States of America of information you provide to us.
6. Notices and Electronic Communications: This means that if you wish to communicate with us, you agree to do so by electronic means. You authorize us to send you important notices about our Website to an email address you provide to us, if you access our Services or otherwise provided your email address to us or, in the alternative, by posting a notice on our Website and such notice will be effective on dispatch. It is your duty to keep your email address up to date and to maintain a valid email address and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities. If you no longer desire to transact electronically with us, you may no longer use our Website. If you give notice to us, it will be effective when received and you must use the following email address:
Inner Sourcing
goinnersourcing@gmail.com
Last Modified February 20th, 2021.
BY CONTINUING TO USE OUR WEBSITE, YOU AGREE TO ABIDE BY THESE TERMS . The caption to each Section of these Terms are for convenience of reference only and shall be ignored in the construction or interpretation hereof.