Welcome to thecollabscale.com.
To access or use the Site, Users must be at least sixteen (16) years of age, otherwise a User may not use the Site, unless such use is with the express permission and consent of a parent or legal guardian. Except as set forth above, or as expressly consented to in writing by CollabScale, the Site is only for personal, non-commercial use, unless a User has a fully executed separate agreement with CollabScale for commercial use. No User may use or interact with the Site if CollabScale has terminated the User’s account or banned the User, with the right to terminate accounts or ban Users to be in CollabScale’s sole and absolute discretion.
In order for Users to create an account on the Site, CollabScale requires Users to provide a valid email address at which the User can be reached. In the event CollabScale cannot correspond with a User via the email address they provided, a User’s submitted content may be rejected and their account disabled until such time as CollabScale can correspond with the User. Other registration requirements may also apply with such additional requirements to be added or modified from time-to-time by CollabScale in its sole and absolute discretion, and CollabScale has no obligation to provide notice of such changes or modifications to any Users at any time.
Once a User has set up an account with the required information, the User will be given access to their profile and to any private areas of their account on the Site. The User is solely responsible for maintaining the confidentiality of their password and CollabScale and the Site have no duties or obligations associated therewith. The User agrees to notify the Site immediately if they suspect any unauthorized use of their account or access to their password. The User is solely responsible for any and all use of their account, and CollabScale and the Site have no duties or obligations associated therewith. Passwords are subject to cancellation or suspension by CollabScale at any time.
When Users set up individual user accounts on the Site, a member profile (a “Profile”) will be created for the User that will include personal information the User provides. The User may permit CollabScale and/or the Site to share information in their Profile with prospective collaborators and other Users. Subject to visibility settings that Users control, collaborators, other Users, or advertisers that subscribe to certain services that CollabScale may presently offer or offer in the future may be able to view information in a User’s Profile. Because User’s anonymity on the Site is important, their Profile does not include or link to information that the User submitted to the Site. However, CollabScale may ask Users to provide, and may subsequently collect if the User so agrees to provide, certain categories of sensitive personal information (e.g., race/ethnicity, sexual orientation, age, geographic location and etc.). Users may also have the opportunity to associate this sensitive personal information (or various other personal information) with their posts and reviews. The intended use for such personal information will be disclosed to Users in detail at the time of collection and Users are free to choose to share or withhold such information based on the User’s level of comfort.
The Site is designed to facilitate Users sharing their collaborative experiences with various brands and partners and to provide feedback related to partnership opportunities and the process and outcome of these opportunities. Users’ feedback is kept anonymous so that Users can feel free to provide honest feedback of their experiences.
In order to participate in these meaningful and beneficial discussions, all Users must agree with CollabScale’s Rules of Engagement as set forth below:
Users agree to the following:
Visiting the Site and/or sending emails to CollabScale constitutes electronic communications and by taking such actions, Users consent to receive electronic communications from the Site and/or CollabScale and further agree that all agreements, notices, disclosures and other communications that the Site and/or CollabScale are required to provide to Users may be provided electronically, either via e-mail and/or published on the Site, in order to satisfy any legal requirement that such communications be in writing.
The Site may contain links to third-party websites (the “Third-Party Website”) with such Third-Party Websites not being monitored or under the control of the Site and/or CollabScale in any way and for which neither the Site nor CollabScale have any responsibility or liability therefor, including but not limited to any link which may be contained in any Third-Party Website or any changes or updates to any Third-Party Website. Any interaction any User has with any Third-Party Website (or any links contained therein) is at the User’s sole and absolute risk.
To the extent that any links to any Third-Party Websites are provided on the Site, such links are provided solely as a convenience or added benefit to the Site experience, and the inclusion of any link does not imply any endorsement, adoption, sponsorship of, or affiliation with any Third-Party Website by the Site and/or CollabScale or any of its affiliates. Once a User leaves the Site, the Terms set forth herein do not govern any Third-Party Website.
Certain services may be made available by the Site and/or CollabScale via Third-Party Websites and/or other third-party organizations. If Users utilize or request any product, service or functionality originating from the Site, Users hereby acknowledge and agree that the Site and/or CollabScale may share information and data provided by the User to the Site and/or CollabScale with such Third-Party website or organization in order to facilitate or otherwise provide the requested product, service or functionality on behalf of the User.
The User is granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms. All content included on the Site, such as text, graphics, logos, images, as well as any compilation thereof, and any software used on the Site, is the sole property of CollabScale and its affiliates and is Copyrighted and further protected by all applicable intellectual property laws and proprietary rights. Users agree to observe and abide by all Copyright, Trademark, and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
CollabScale content is not for resale. The User’s use of the Site does not entitle the User to make any unauthorized use of any protected content, and in particular the User will not delete or alter any proprietary rights or attribution notices in any content. The User will use protected content solely for their personal use and will make no other use of the content without the prior, express written permission of CollabScale and the intellectual property right owner. The User agrees that they do not acquire any ownership rights in any protected content. The Site and/or CollabScale does not grant Users any licenses, express or implied, to the intellectual property of CollabScale or its licensors except as expressly authorized by these Terms.
The Site may contain certain messaging and communication platforms, including but not limited to messaging boards, chat areas, newsfeeds, forums, communities, personal profiles, and/or various other messaging or communication functionalities designed to enable Users to communicate with the public, with certain groups, or with other CollabScale Users (collectively, the “Communication Services”). In using the Communication Services, the User agrees to use such Communication Services in strict compliance with these Terms, namely the CollabScale Rules of Engagement set forth above, and any and all applicable Laws.
The Site and/or CollabScale have no duty or obligation to monitor the Communication Services and have no liability for any User’s use of the Communication Services available on the Site or otherwise provided by CollabScale. Provided that, the Site and CollabScale reserve the absolute right to review and delete any Content (or any portion thereof) posted via the Communication Services by Users that the Site and/or CollabScale deem, in its sole and absolute discretion, to violate these Terms, other applicable policies on the Site, any applicable Law, or otherwise by inappropriate in any way.
While the Site and/or CollabScale have no obligation to do so, the Site and/or CollabScale reserve the right to investigate and take appropriate action, with such action to be determined in CollabScale’s sole discretion, against any User that violates these Terms, including but not limited to: (i) deleting Content (or any portion thereof) from the Site or other CollabScale Platform; (ii) suspending User’s rights to use the Site or other CollabScale platform; (iii) terminating User’s membership and account; (iv) reporting the User to appropriate law enforcement, regulatory authorities, or administrative bodies; and (v) taking any such action which is available to the Site and/or CollabScale at Law or in equity.
If a User sees Content on the Site that the User believes violates these Terms or any other CollabScale policies or applicable Law, the User may report such Content by contacting CollabScale at the Contact Information listed below. Once notified, CollabScale will review the Content and determine whether to remove the Content (or any portion thereof). The User understands and agrees that if CollabScale chooses not to remove or edit Content that a User finds objectionable, such decision does not constitute a violation of these Terms, any other applicable CollabScale policies, or any other agreement CollabScale has with any User.
Notwithstanding anything else in this Agreement or in this Section 6, CollabScale reserves the absolute right to disclose any information which may be necessary to satisfy any applicable Law, regulation, legal process or governmental request.
Any Content uploaded to the Communication Service(s) may be subject to certain limitations on usage, reproduction and/or dissemination. Users are responsible for adhering to such limitations if they upload any materials.
CollabScale does not claim ownership of any Content that Users provide, submit, or authorize for Use on the Site or any other CollabScale platform (collectively, the “Submissions”). Provided that, by submitting or authorizing the Site and/or CollabScale to display any Content, the User hereby grants to the Site and/or CollabScale an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free license (with the right to sublicense through unlimited levels of sublicenses) to use, copy, perform, display, create derivative works thereof, adapt and distribute such Content in any and all media (now known or later developed) throughout the world. To the greatest extent permitted by any applicable Law, the User hereby expressly waives any and all moral rights applicable to CollabScale’s exercise of the foregoing license. The User agrees that this license includes the right for the Site and/or CollabScale to, in its sole and absolute discretion, provide, promote, and improve the Site and to make Content and/or Submissions submitted to or through the Site and/or any other CollabScale platform available to various companies, organizations or individuals for the broadcast, distribution, promotion or publication of the Content and/or Submissions via various media platforms and other services; provided that such actions are subject to these Terms and any other CollabScale terms governing the same. No compensation will be paid for Content that Users post on the Site. Users should only submit Content to the Site that they are comfortable being shared and/or distributed to the public. Providedm further, that CollabScale may
By posting, uploading, inputting, providing or submitting any Submission, the User hereby represents and warrants that they own or otherwise control all of the rights to and in the Submission in its entirety, without limitation, as well as all of the rights necessary for the User to post, upload, input, provide or submit such Submissions.
The Site contains Content provided by CollabScale and/or its licensors. CollabScale and its licensors own and retain any and all proprietary rights (including all intellectual property rights) in the Content that each party provides, and CollabScale owns and retains any and all proprietary rights (including intellectual property rights) in the Site. Users are granted a limited, revocable, non-sublicensable license under the intellectual property rights licensable by CollabScale to download, view, copy and print Content from the Site solely for the User’s personal use in connection with using the Site and/or interacting with CollabScale. Except as set forth above, all Users agree not to: (1) reproduce, modify, publish, transmit, distribute, publicly display, sell, adapt or create derivative works based on the Site, CollabScale or any Content associate therewith (excluding the User’s personal Content); or (2) rent, lease, loan, or sell access to the Site or any CollabScale product or service. Any and all trademarks, logos and service marks (collectively, the “Marks”) displayed on the Site or by CollabScale are CollabScale’s property or the property of third parties. Users are not permitted to use such Marks, in any way, without the appropriate Mark owner’s express, prior written consent.
Users may be able to connect their CollabScale account to third-party accounts (the “Third-Party Accounts”) and by connecting a CollabScale User account to a Third-Party Account, the User acknowledges and agrees that CollabScale may access, make available, and store (if applicable) any information, data, messages, tags, and/or other materials that the User has provided to, made available and/or stored in the Third-Party Account so that it is available on and through the Site via the User’s account and User profile. Subject to the privacy settings that the User has set with the Third-Party Account that the User has connected or used in conjunction with the Site, personally identifiable information that the User posts to the Third-Party Accounts (and any related sites) may be displayed on the Site and/or by CollabScale.
The Site is controlled, operated and administered within the United States of America (the “USA”) and governed by its laws. Users that access the Site from a location outside of the USA are responsible for compliance with all applicable laws and do so hereby covenant and agree that they will not use CollabScale or the Site in any manner that is prohibited by any applicable laws, restrictions or regulations of the governing country and/or territory.
THE USER HEREBY COVENANTS AND AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS COLLABSCALE, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTIES, (COLLECTIVELY, THE “COLLABSCALE INDEMNITEES”) FOR ANY LOSSES, COSTS, LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES) (COLLECTIVELY, THE “CLAIMS”) RELATING TO OR ARISING OUT OF A USER’S USE OF THE SITE OR INTERACTION WITH COLLABSCALE AND ANY OF ITS AFFILIATES, ANY CLAIMS MADE BY ANY THIRD-PARTIES, OR THE VIOLATION OF ANY OF THESE TERMS.
The disclaimers and limitations on liability in this Section 11 shall apply to the maximum extent allowable under applicable Laws; provided that, nothing set forth in this Section 11 is intended to limit any the rights of Users which may not be limited under applicable Laws.
Any functionality, features, services or Communication Services provided on the Site or by CollabScale (the “CollabScale Services”) are provided solely as a courtesy to Users. COLLABSCALE HEREBY DISCLAIMS ANY AND ALL WARRANTIES WITH REGARD TO ANY AND ALL COLLABSCALE SERVICES AND FURTHER, DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR THE CONTENT, ACCURACY, COMPLETENESS, LEGALITY, RELIABILITY, OR AVAILABILITY OF ANY CONTENT ON THE SITE.
Users are solely responsible for any and all interactions with advertisers and other Users on the Site, and the Site and CollabScale are not responsible or liable in any way for any acts, omissions, or any other conduct of any kind, whether online or offline, of any advertiser or User of the Site or CollabScale. Neither the Site nor CollabScale are responsible for any incorrect, inaccurate, or unlawful content (including any information in User profiles) posted on the Site, whether caused by Users or by any other party or programming associated with or utilized by the Site and/or CollabScale. The Site and CollabScale further assume no liability or responsibility of any kind for any act, error, omission, interruption, deletion, defect, delay, theft or destruction or unauthorized access to, or alteration of, any communication with advertisers or any other third-party on the site, including but not limited to other Users. The Site and CollabScale are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or on the Site or on any other CollabScale platform or any combination thereof, including any injury or damage to Users or to any person or entity’s computer related to, resulting from or arising out of using or interacting with the Site or any other CollabScale platform or downloading anything in connection with the Site or CollabScale. Under no circumstances shall the Site or CollabScale be responsible for any loss or damage of any kind resulting from the use of the Site or any other CollabScale platform or from any Content posted on the Site or any other CollabScale platform or transmitted to Users, or any interactions of any kind between Users, whether online or offline.
THE SITE AND COLLABSCALE ARE PROVIDED ON AN “AS-IS” BASIS, AND THE SITE AND COLLABSCALE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
The Site and CollabScale further make no warranty that: (1) the Site will meet the User’s requirements; (2) the Site will be available on an uninterrupted, timely, secure, or error-free basis; or (3) the results that may be obtained from using the Site and/or any other CollabScale Services of any kind will be accurate or reliable.
By using the Site, Users do so hereby fully and irrevocably release the Site and CollabScale from any and all claims, demands, and losses, damages, rights, claims, and actions of any kind that are either directly or indirectly related to or arising from: (1) the actions, Content, or data of any third parties (including, advertisers and other Users) and (2) any User participation in any offline events.
IN NO EVENT SHALL THE SITE OR COLLABSCALE BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM THE USER’S USE OF THE SITE OR ANY OTHER COLLABSCALE SERVICES, EVEN IF THE SITE AND COLLABSCALE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WHERE PERMITTED BY APPLICABLE LAW, THE USER AGREES THAT THE SITE AND COLLABSCALE’S LIABILITY TO ANY USER FOR ANY DAMAGES ARISING OUT OF OR RELATED TO ANY USER’S USE OF THE SITE OR INTERACTION WITH COLLABSCALE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100).
The User acknowledges that they are familiar with the provisions of Section 1542 of the California Civil Code, which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The User hereby expressly waives and relinquishes all rights and benefits under Section 1542 of the California Civil Code and any law or legal principle of similar effect in any jurisdiction with respect to the releases and/or discharges granted herein, including but not limited to the releases and/or discharges of unknown claims.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS AS A USER. THE USER AGREES THAT BY USING THE SITE, THEY ARE AGREEING WITH AND ENTERING INTO THESE TERMS. THE USER AND THE SITE AND COLLABSCALE ARE EACH HEREBY FULLY WAIVING ANY RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION LEGAL PROCEEDING OF ANY KIND. THE USER AND THE SITE AND COLLABSCALE EACH HEREBY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH PARTY’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS AND CLASS ACTIONS OF ANY KIND ARE HEREBY PROHIBITED.
These Terms and any and all claims, disputes, or other legal proceedings of any kind including but not limited to any such claims or disputes that are in any way related to or arising from these Terms or a User’s access to or use of the Site and/or any other CollabScale platform (collective, the “Legal Proceedings”) by or between any User and the Site and/or CollabScale, shall be governed by the laws of the State of California without giving effect to any conflict-of-laws principles that may otherwise provide for the application of the law of another jurisdiction. Each of the Parties submits to the jurisdiction and venue of any state or federal court sitting in the State of Texas in any Legal Proceeding arising out of or relating to these Terms and agrees that all Legal Proceedings may be heard in and determined by any such court. Any Legal Proceeding arising out of or relating to these Terms may be brought in the valid courts of the State of Texas or, if it has or can acquire jurisdiction, in the United States District Court sitting in Austin, Texas, and each of the parties irrevocably submits to the exclusive jurisdiction and venue of each such court in any such Legal Proceeding.
The parties agree that these Terms and the subject matter contemplated herein constitute interstate commerce, and the Federal Arbitration Act applies to the construction of the “Agreement to Arbitrate” provision set forth below. If a User resides in the United States, subject to the Exceptions to Arbitration set forth below, the User and the Site and/or CollabScale each agree that any and all Legal Proceedings must be resolved through binding arbitration as described herein. With the exception of the prohibition on class arbitrations set forth above, if an arbitrator or court of competent jurisdiction determines that any part of this agreement to arbitrate is unenforceable, such provision will be struck and all other provisions of this Agreement to Arbitrate shall be valid and enforceable.
This Agreement to Arbitrate will not apply to the following: (a) qualifying small claims court cases; (b) Legal Proceedings involving efforts to obtain User-identifying information; (c) Legal Proceedings brought against CollabScale or any of its affiliates or subsidiaries by other companies or other legal entities; or individuals acting on behalf of such companies or other legal entities; (d) any legal proceedings brought by CollabScale or any of its subsidiaries or affiliates against companies or other legal entities or individuals acting on behalf of any such companies or other legal entities; and (e) any party's right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of such party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. If a court of competent jurisdiction finds the prohibition on class arbitrations set forth in this Dispute Resolution section to be unenforceable, then such prohibition shall be struck and all other provisions of this Agreement to Arbitrate shall remain valid and enforceable. Where this Agreement to Arbitrate does not apply, the remainder of this Agreement and the Dispute Resolution section will continue to apply.
If any party intends to seek arbitration, such party must first notify the other party of the Legal Proceeding in writing at least thirty (30) days in advance of initiating arbitration. Notice to CollabScale should be sent to the contact information set forth below. If a User is registered with CollabScale, notice will be sent to such User at the email address associated with their User account. The notice of dispute (“Notice”) must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If the parties are unable to reach an agreement to resolve the Legal Proceedign within thirty (30) days after the Notice is received, the parties may commence the formal arbitration proceeding.
The arbitration will be governed by the Consumer Arbitration Rules of the American Arbitration Association (“AAA”), if applicable, as modified by this section. Additional information about the rules and initiating arbitration are available at www.adr.org. Any settlement offers made between the parties shall not be disclosed to the arbitrator. Unless otherwise required by the AAA (or other applicable rules), the arbitration shall be held in Austin, Texas. For any claim where the total amount of the award sought is $25,000 or less, the parties agree to have the arbitration conducted virtually, which election shall be binding on each party, subject to the arbitrator's discretion to require an in-person hearing. In cases where an in-person hearing is held, either party may opt to attend virtually, unless the arbitrator requires otherwise. 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 shall be bound by rulings in prior arbitrations involving the same User to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction.
A NEW COLLABSCALE USER MAY CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE ("OPT-OUT") BY MAILING A WRITTEN OPT-OUT NOTICE (“OPT-OUT NOTICE”) TO COLLABSCALE AT THE ADDRESS SET FORTH BELOW. THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE THE USER ACCEPTS THESE TERMS FOR THIS FIRST TIME. Users must complete the Opt-Out Notice by providing the User’s full legal name, address (including street address, city, state and zip code), and email address to which the opt-out applies; provided that, if the User has a registered User account, the email address must match the User’s registered account. Users must wet-ink sign the Opt-Out Notice for it to be effective. This procedure is the only way that Users can opt out of this Agreement to Arbitrate. If Users opt out of the Agreement to Arbitrate, all other parts of these Terms and this Dispute Resolution section will continue to apply to such User. Opting out of the Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that a User may have with CollabScale.
Notwithstanding any provision in these Terms to the contrary, the parties hereto agree that if CollabScale makes any change(s) to this Dispute Resolution section in the future, such change will not apply to any claim that was filed in a Legal Proceeding prior to the effective date of the change. The change will apply to all other Legal Proceedings governed by this Dispute Resolution Section that have arisen or may arise between the parties. CollabScale will notify Users of changes to this Dispute Resolution section by posting the changes on the Site at least thirty (30) days before the effective date of the changes. If Users do not agree to these changed terms, such User may close their account within the thirty (30) day period and such User will not be bound by the changes.
These Terms remain in effect while a User uses the Site and/or related CollabScale Services and, for registered Users, for as long as such User account remains open. Users may delete their account at any time. CollabScale reserves the right, in its sole discretion, to terminate a User’s access to the Site and related CollabScale Services or any portion thereof at any time, without notice. The Site and CollabScale will have no liability whatsoever to any User for any termination of their account or related deletion of their information.
All provisions of these Terms shall survive termination or expiration of these Terms, except for such provisions that grant access to or use of the Site and/or any other CollabScale Services. For the avoidance of doubt, the User agrees that these Terms apply to their use of Site and any Content posted on the Site at any time prior to the termination or expiration of these Terms.
The User hereby agrees that no joint venture, partnership, employment, or agency relationship exists between a User and CollabScale as a result of these Terms or the User’s use of the Site or any related CollabScale Services. If any part of this agreement is determined to be invalid or unenforceable by any court of competent jurisdiction, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then such invalid or unenforceable provision will be struck from these Terms and shall be replaced by a valid, enforceable provision that most closely reflects the original intent of the provision, and these remainder of these Terms shall continue to be in full force and be valid and enforceable.
Unless otherwise specified herein, these Terms constitute the entire agreement between the User and the Site and CollabScale regarding the subject matter set forth herein and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and CollabScale. The User hereby represents and warrants that no person has made any promise, representation, or warranty, whether express or implied, not contained herein to induce the User to enter into this agreement and agree to these Terms. The Site and/or CollabScale’s failure to exercise or enforce any right or provision set forth in these Terms shall not operate as a waiver of such right or provision. A printed version of this agreement and of any notice given in electronic form shall be admissible in any Legal Proceedings, subject to the same conditions as other business documents and records originally generated and maintained in printed form. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by the User without CollabScale’s express, prior written consent; provided that CollabScale may assign or transfer any of its rights or obligations without any restriction. Any attempted assignment by the User shall violate these Terms and be void. The section titles in these Terms are for convenience only and have no legal or contractual effect.
CollabScale welcomes your questions or comments regarding the Terms:
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Effective as of October 01, 2020