Terms of service summary

LAST UPDATED: November 15, 2013

It is important that you read and understand our entire terms of service before using the Service. The entire terms of service can be found here. To assist you with your review of the terms of service, we have provided below a brief introductory statement for each of the key sections of the terms of service, along with a link to the relevant section of the terms of service. We note that the summary provided below is merely a handy reference guide, and is not a substitute for reviewing the entire terms of service, which constitute the binding agreement between you and us. Any capitalized terms that appear, but are not defined in the introduction, have the meanings given to them elsewhere in the terms of service.

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Terms of service

LAST UPDATED: November 15, 2013

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Agreement

Your use of our Services (as defined below) constitutes your consent to these terms of service (“agreement”) between you and Hay Group, Inc. and its affiliates (“Hay Group” or “we”).

These terms cover your use of (including any access to) our websites, online services, mobile and web applications and any other information provided as part of Hay Group’s services (collectively the “Services”). Our Services are very diverse, so sometimes additional terms or product requirements may apply. If so, then the additional terms will be available by us with the relevant Services, and those additional terms become part of your agreement with us if you use those Services. Your use of the Services is governed by this agreement regardless of how you access the Services, including through the Internet, through Wireless Access Protocol (commonly referred to as “WAP”), through a mobile network or otherwise.

BY USING THE SERVICES, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT.

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Changes

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should review the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted unless specially identified otherwise. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately upon posting such changes. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service. By continuing to use the Services after changes to the terms are made, you accept such changes.

If there is a conflict between these terms and the additional terms made available by Hay Group, the additional terms will control for that conflict.

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Privacy Policy

Our privacy policy explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Hay Group can use such data in accordance with our Privacy policy.

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Products

The Services may display listings, descriptions and images of goods or services or related coupons or discounts (collectively, “Products”), as well as references and links to Products. Such Products may be made available by Hay Group or by third parties. We make reasonable efforts to accurately display the attributes of Products, provided, however, we make no representations as to the completeness, accuracy or timeliness of such listings, descriptions or images (including any features, specifications and prices contained therein). Such information and the availability of any Product (including the validity of any coupon or discount) are subject to change at any time without notice. It is your responsibility to ascertain and obey all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the possession, use and sale of any Product.

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Transactions

 We may make available the ability to purchase or otherwise obtain certain Products through the Services (a “Transaction”). If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. By making a Transaction, you represent that the applicable Products will be used only in a lawful manner.

Hay Group reserves the right to bar any user from making any Transaction and to refuse to provide any user with any Product. Refunds and exchanges will be subject to Hay Group’s applicable refund and exchange policies. You agree to pay all charges incurred by you or on your behalf through the Services, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transactions. While it is our practice to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service.

Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the Services. All Transactions are made pursuant to a shipment contract and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

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Submissions

Some of our Services allow you to submit content (“Submission”). You or your sponsoring organization (e.g., an employer paying for your use of the Service) retain ownership of any intellectual property rights that you, or your sponsoring organization, hold in the Submission. If you make Submissions publicly available through or in connection with the Services, Hay Group has no control over and is not responsible for any use or misuse (including any distribution) by any third party of your Submissions. Examples of publicly available displays include profile pages, chat rooms, message board, and similar forums, and chats, comments and other messaging functionality. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE SERVICES, YOU DO SO AT YOUR OWN RISK.

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License

When you upload or otherwise provide your submission to our Services, you give Hay Group (and those service providers we work with) a worldwide, transferable license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services (for example, used to create anonymous benchmarks or norms). Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the Submission included in those Services. Make sure you have the necessary rights to grant us this license for any Submission that you upload or otherwise provide to our Services.
You can find more information about how Hay Group uses and stores content in the privacy policy or additional terms for particular Services. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.

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Monitoring

We may (but have no obligation to) monitor, evaluate, alter or remove Submissions before or after they appear on the Services. We may disclose any Submissions posted publicly and the circumstances surrounding their transmission to anyone for any reason or purpose. Please be aware that in certain circumstances, personal information may be subject to disclosure to government agencies pursuant to judicial proceeding, court order, or legal process. We may also share your information to protect the rights or property of Hay Group, our business partners, suppliers or clients, and others when we have reasonable grounds to believe that such rights or property have been or could be affected. Also, your current or future employer may require we provide them with your information collected in connection with an engagement to provide services to your employer.

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Hay Group's Proprietary Rights

We and our suppliers own the Services, which are protected by proprietary rights and laws. Subject to your compliance with this agreement, and solely for so long as you are permitted by Hay Group to use the Services, you may view one (1) copy of any portion of the Services to which we provide you access hereunder, on any single device, solely for your or your organization’s internal business purposes (personal, internal business use). Our mobile applications are licensed (not sold) to end users. Subject to your compliance with this agreement, and solely for so long as you are permitted by Hay Group to use the mobile application, we hereby permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to install and use the mobile application on a mobile device that you own or control. If you fail to comply with any of the terms or conditions of this agreement, you must immediately cease using the mobile application and remove (that is, uninstall and delete) the mobile application from your mobile device.

The Content, unless otherwise noted, are the property of Hay Group. Our trade names, trademarks and service marks include “Hay Group” and any associated logos. All trade names, trademarks, service marks and logos on the Services not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained in the Services should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.

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Rules of Conduct

In connection with the Services, you must not:

  • Post, transmit or store any: (a) materials that are obscene, harassing, another’s intellectual property (unless you’ve been granted permission to do so) or fraudulent or tortious; or (b) any virus or computer code that can harm our systems.
  • Violate any policies made available to you within the Services or any laws, including applicable export and re-export control laws and regulations.
  • Interfere with the operation of our Service.
  • Reproduce, reverse engineer, disassemble, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, remove any intellectual property notices, or otherwise exploit any portion of (or any use of) the Services except as expressly authorized herein, without Hay Group’s express prior written consent.
  • Post, transmit or otherwise make available through or in connection with the Services any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.

You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Services.

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Registration; User Names and Passwords

You may need to register to use all or part of the Services. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you, and not Hay Group, are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your Services account.

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Third Party Materials; Links

Certain Services may display content provided by third parties, including Submissions (“Third Party Materials”), or allow you to access the Third Party Materials through links or similar functionalities. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials. Third Party Materials are the sole responsibility of the entity that makes them available. We may review Third Party Materials to determine whether they are illegal or violate our policies, and we may remove or refuse to display such materials that we reasonably believe violate our policies or the law. But that does not necessarily mean that we review Third Party Materials, so please don’t assume that we do.

YOUR USE OF THIRD PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS).

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Promotions

Any sweepstakes, contests, raffles, surveys, games or similar promotions (collectively, “Promotions”) made available through the Services may be governed by rules that are separate from this agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with this agreement, the Promotion rules will govern.

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DISCLAIMER OF WARRANTIES

We seek to provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER HAY GROUP NOR ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES, PRODUCTS, OR THIRD PARTY MATERIALS. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES OR THIRD PARTY MATERIALS, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES AND ANY THIRD PARTY MATERIALS “AS IS”.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

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Limitation of Liability

WHEN PERMITTED BY LAW, HAY GROUP, AND HAY GROUP’S AFFILIATES, SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF HAY GROUP, AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE LESSER OF THE AMOUNT YOU PAID US TO USE THE SERVICES OR FIVE DOLLARS ($5) (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN)

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Indemnity

When permitted by applicable law, you agree to defend, indemnify and hold harmless Hay Group and its affiliates from and against all claims, losses, costs and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Services (including all Submissions); and (b) any violation or alleged violation of this agreement by you.

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Termination

This agreement is effective until terminated. Hay Group may terminate or suspend your use of the Services by providing notice to you under certain circumstances, including but not limited to, if Hay Group believes that you have violated or acted inconsistently with the letter or spirit of this agreement. Upon any such termination or suspension, your right to use the Services will immediately cease, and Hay Group may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, license and proprietary rights, warranty disclaimers, indemnity, limitations of liability, and jurisdictional matters.

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Jurisdictional Issues

The Services are controlled or operated (or both) from the United States, and are not intended to subject Hay Group to any non-U.S. jurisdiction or law. The Services may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Services is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Services' availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.

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Governing Law; Jurisdiction

This agreement is governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. You agree to exclusive jurisdiction of the federal and state courts located in Philadelphia, Pennsylvania, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections to such courts.

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Information or Complaints

If you have a question or complaint regarding the Services, please send an e-mail to our Chief Compliance Officer at complianceofficer@haygroup.com. You may also contact us by writing to

Hay Group, Inc.
100 Penn Square East
Philadelphia, Pennsylvania 19107-3388
Attention: General Counsel & Chief Compliance Officer

You may also contact us by calling us at 1.215.861.2000. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

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Copyright Infringement Claims

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. See http://www.copyright.gov/ for details. If you think somebody is violating your copyrights or has wrongly filed an infringement notice against you, please send your notices and counter-notices, as applicable, to the Chief Compliance Officer at the address, email, and phone number set forth above.

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Miscellaneous

This agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Hay Group. If it turns out a particular term is not enforceable, this will not affect any other terms. You need our consent to assign, transfer or sublicense any or all of your rights or obligations under this agreement. We may assign, transfer or sublicense any or all of our rights or obligations under this agreement without restriction. If you do not comply with these terms, and we don’t take action right away, this doesn’t mean we are giving up any rights that we may have (such as taking action in the future). Any heading, caption, section title and any “plain language explanation” contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this agreement shall be construed as if followed by the phrase “without limitation.” This agreement, including any terms and conditions incorporated herein, is the entire agreement between you and Hay Group relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Hay Group relating to such subject matter. Notices to you (including notices of changes to this agreement) may be made via posting to the Services or by e-mail (including in each case via links), or by regular mail. Hay Group will not be responsible for any failure to fulfill any obligation due to any cause beyond its control

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Apple-Specific Terms

In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of any Hay Group applications compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to this agreement and does not own and is not responsible for any of our applications for the iOS operating system. Apple is not providing any warranty for our applications except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for our applications and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to our applications, including any third-party product liability claims, claims that our applications fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of our applications, including those pertaining to intellectual property rights, must be directed to Hay Group in accordance with the “Information or Complaints” section above. The license you have been granted herein is limited to a non-transferable license to use our applications on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using our applications, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this agreement and, upon your acceptance of the terms and conditions of this agreement, will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, Hay Group’s right to enter into, rescind or terminate any variation, waiver or settlement under this agreement is not subject to the consent of any third party.

© 2015 Korn Ferry Hay Group. All rights reserved.

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