Last Updated: November 21, 2022
1. YOUR ACCEPTANCE OF TERMS; MODIFICATION OF TERMS
Welcome to https://www.protiviti.com/gl-en, together with any materials and services available therein, and successor site(s) thereto (the “Site”). The Site is operated by Protiviti Inc. and its subsidiaries (collectively “Protiviti”) or by member firms, independent legal entities operating under the “Protiviti” name who are not agents of Protiviti (“Member Firms”). The entity providing the Site to you is referred to as “we” or “us.”
The Site is comprised of this global website (the “Global Site”) and various individual country, language, or practice-specific websites (the “Local Sites”). Any such individual website is designated by the globe or flag icon in the upper right-hand corner of the webpage that you are viewing at any point during your use of the Site.
PLEASE REVIEW THESE GLOBAL TERMS AND YOUR LOCAL TERMS CAREFULLY. YOUR ACCESS TO AND/OR USE OF THE SITE CONSTITUTES ACKNOWLEDGEMENT OF HAVING READ AND UNDERSTOOD THE TERMS AND YOUR ACCEPTANCE OF, AND CONSENT TO BE BOUND BY, THE TERMS. IF YOU DO NOT ACCEPT AND CONSENT TO BE BOUND BY THE TERMS, THEN YOU MUST NOT USE OR ACCESS THE SITE.
We may amend all or any part of these Global Terms by adding, deleting, or varying the content of these Global Terms. These amendments may be made at any time and from time-to-time in our discretion.
We will provide you with notice of the proposed amendments by posting an amended version of these Global Terms with a new version date. The “Last Updated” legend above indicates when these Global Terms were last revised. We will include a link to the previous version of these Global Terms beneath the new version date, if applicable. The amendments will take effect 30 days after the date on which the amended version is posted. Prior to that date, the previous version of the Global Terms will continue to apply.
If you disagree with any amendments, you may refuse the amendments and cease using the Site at any time within the 30-day notice period. There will be no cost or penalty for doing so. If you use the Site after the 30-day notice period, then by your continued use you are deemed to have read, understood, and accepted the proposed amendments.
We may, at any time and without liability, modify or discontinue all or part of the Site (including access to the Site via any third-party links), or offer opportunities to some or all Site users.
2. ELIGIBILITY; ORGANIZATIONS; JURISDICTIONS AND LAWS
By using the Site, you affirm that you are of legal age to enter into the Global Terms.
If you are an individual accessing or using the Site on behalf of, or for the benefit of, any corporation, partnership, or other entity with which you are associated (an “Organization”), then you are agreeing to the Global Terms on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to the Global Terms. References to “you” and “your” in these Global Terms will refer to both the individual using the Site and to any such Organization.
The Global Site is not intended to subject us to the laws of any jurisdiction other than the United States. The Local Sites are not intended to subject us to the laws of any jurisdiction other than the laws of the country indicated in the upper right-hand corner of the webpage under “Locations” that you are viewing.
The Local Sites are not appropriate and may not be available for use in jurisdictions other than the countries in which they operate, and the Global Site is not appropriate for use in any country other than the United States. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so. We may limit the Site’s availability at any time, in whole or in part, to any person, geographic area, or jurisdiction that we choose.
Subject to your compliance with the Global Terms, we grant you a limited, non-exclusive, non-transferable, non-assignable, revocable license to access and use the Site, and to download copies of the materials that we make available for download on the Site, in each case solely for your lawful, informational, non-competitive and non-commercial use.
The Site, including all content, information, and materials incorporated into or made available through the Site, is the exclusive property of Protiviti or its Member Firms or third-party suppliers, and is protected by U.S. and international law. You agree not to access or use the Site, or any content, information, or materials incorporated into or made available through the Site, except as expressly permitted under the Global Terms.
All trademarks, service marks, trade names, and logos displayed on the Site (the “Marks”) are the exclusive property of Protiviti or their respective third-party owners. Except for your right to view Marks on our Site, you are not granted any rights to the Marks. Nothing in the Site grants, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the Site.
4. USER SUBMITTED MATERIALS
The Site may include functionality that enables you to submit comments, materials, or contact information including but not limited to your name, email address, phone number, or to chat or engage in other messaging functionality through interactive features such as message boards, interactive events, or other forums. All such information, comments, and materials are “Submitted Materials.” For clarity, you retain ownership of your Submitted Materials. If you choose to submit Submitted Materials, you hereby grant us a worldwide, royalty-free, non-exclusive, perpetual, irrevocable, transferable, and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform, and display (publicly or otherwise), create derivative works of, adapt, modify, and otherwise use and exploit such Submitted Materials, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).
If you choose to submit Submitted Materials, you represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Submitted Materials, and your provision thereof through and in connection with the Site, are complete and accurate, and are not fraudulent, tortious, or otherwise in violation of any applicable law or any right of any third party, including intellectual property rights. For each of the Submitted Materials, you further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of Submitted Materials that you may have under any applicable law or under any legal theory. It is your responsibility to ensure the Submitted Materials are true, accurate, current, and complete.
We may (but have no obligation to) screen, monitor, evaluate, and remove any Submitted Materials at any time and for any reason, or analyze your access to and use of the Site.
We do not accept or consider any unsolicited ideas, proposals, suggestions, or other materials (“Feedback”), whether related to the Site or otherwise. Please do not submit any Feedback to us, including Feedback regarding potential security vulnerabilities in the Site. If you do submit Feedback, you hereby acknowledge and agree that regardless of what your correspondence says, (a) we are not obligated to review, acknowledge, or pay you for any Feedback; (b) such Feedback automatically becomes our intellectual property and we may use or distribute the Feedback in any way and for any purpose without restriction; (c) we have no fiduciary or other obligation to you or to any other person; and (d) we have no obligation to keep your feedback confidential.
6. RULES OF CONDUCT
In connection with the Site, you agree NOT to:
- Post, transmit, or otherwise make available through or in connection with the Site any Submitted Materials or Feedback that are or may be: (a) threatening, harassing, degrading, hateful, or intimidating, or that otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent, or otherwise tortious; (c) obscene, indecent, pornographic, or otherwise objectionable; or (d) protected by a third party’s copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner.
- Post, insert, transmit, or otherwise make available through or in connection with the Site any malicious or harmful software that is or is intended to: (a) make unauthorized changes to or cause damage to any hardware, software, or equipment; (b) copy, provide unauthorized access to, or prevent authorized access to confidential information or personal data; or (c) prevent detection of any unauthorized invasion of any hardware, software, or equipment.
- Use the Site for any purpose that is fraudulent or otherwise tortious or unlawful.
- Harvest or collect information about users of the Site.
- Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, including by hacking or defacing any portion of the Site, or violate any requirement, procedure, or policy of such servers or networks.
- Restrict or inhibit any other person from using the Site.
- Reproduce, copy, modify, adapt, translate, create derivative works of, sell, resell, license, sublicense, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of (or any use of) the Site, except as expressly authorized in the Global Terms.
- Reverse engineer, decompile, alter, attempt to circumvent, destroy, obscure, or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law.
- Remove any copyright, Marks, or other proprietary rights notices from the Site.
- Frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service.
- Systematically download and store Site content.
- Use any robot, spider, site search/retrieval application, or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or otherwise gather Site content, or reproduce or circumvent the navigational structure or presentation of the Site, without our express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, we grant to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. We reserve the right to revoke such permission either generally or in specific cases, at any time and without notice.
- Permit, assist, or encourage any other person to do any of the foregoing in this section or to engage in any act or omission that would constitute a breach of the Global Terms.
7. ACCOUNT AND PASSWORD
You may need to register for an account to use portions of the Site. We may reject, or require that you change, any username, password, or other information that you provide to us in registering. You, and not us, are responsible for any use or misuse of your username or password. In particular, it is your sole responsibility to: (a) maintain the confidentiality of your account login and password; (b) frequently update and revise your password; and (c) promptly notify Protiviti at [email protected] if there is any unauthorized use of your account or any breach of security.
8. THIRD-PARTY MATERIALS
The Site may make available or provide links to third-party websites, content, or information (“Third-Party Materials”). We do not control, and are not responsible for, any Third-Party Materials and the availability of any Third-Party Materials on the Site. Links to Third Party Materials do not imply endorsement of, or affiliation with, the provider of Third-Party Materials. Your use of Third-Party Materials is at your own risk.
9. MEMBER FIRMS
Protiviti, Protiviti’s subsidiaries, and each Member Firm are separate and independent legal entities. Although Member Firms have entered into licensing arrangements with Protiviti to use certain Protiviti intellectual property, Protiviti does not control or manage, or have any ownership interest in, any Member Firm. Member Firms are independently owned autonomous companies outside of the Protiviti corporate group. Each Member Firm provides services in particular geographic areas and is subject to the laws and professional regulations of the particular country in which it operates. Protiviti is not the agent of any Member Firm, nor does Protiviti have any authority to represent or bind any thereof. No Member Firm is the agent of Protiviti, nor may any of them represent or bind Protiviti, Protiviti’s direct and indirect subsidiaries, or Protiviti’s parent entity in any way in respect of third parties. Protiviti is not responsible for any inaccuracies, errors, actions, materials, communications, representations, or warranties made by any Member Firm on their respective Local Site or otherwise. Protiviti and each Member Firm are liable only for their own acts and omissions, and not those of each other.
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, AND WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SITE TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND WARRANTIES ARISING FROM THE COURSE OF PERFORMANCE, COURSE OF DEALING, USAGE, OR TRADE.
While we try to maintain the timeliness, integrity, and security of the Site, we do not guarantee that the Site is or will remain updated, complete, correct, or secure, or that access to the Site will be uninterrupted. We are not responsible for any inaccuracies, errors, or materials on the Site. You expressly acknowledge that the Site might be affected by circumstances beyond our control, might not be continuous, uninterrupted, or secure, and is subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. We are not responsible or liable for any delays, failures, damage, loss, or liability resulting from any of those problems. You acknowledge that security measures used by or on behalf of us and our subcontractors and service providers might not protect the Site against unauthorized access, use, or disclosure. We are not responsible or liable for any unauthorized access to, or use, alteration, theft or destruction of, the Site or any data stored or processed on the Site (including Submitted Materials), whether through accident, fraudulent means or devices, or any other method and furthermore, we are not responsible for unauthorized alterations to the Site made by third parties.
11. LIMITATION OF LIABILITY
WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AGGRAVATED, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, OR DAMAGES FOR LOSS OF PROFITS, OR LOSS OF DATA OR OTHER INTANGIBLES (INCLUDING UNAUTHORIZED INTERCEPTION OF, ACCESS TO, OR ALTERATION BY THIRD PARTIES OF ANY SUBMITTED MATERIALS, DATA, OR OTHER INTANGIBLES), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY THIRD-PARTY MATERIALS, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. OUR MAXIMUM AGGREGATE LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, WILL BE $10 UNITED STATES DOLLARS.
Applicable law may not allow for limitations on certain implied warranties and conditions, or exclusions or limitations of certain damages. Solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have certain additional rights.
We may terminate or suspend your access to all or part of the Site at any time, with or without cause or notice, including if we believe that you have violated or acted inconsistently with the letter or spirit of the Global Terms. Upon any such termination or suspension: (a) your right to access and use the Site will immediately cease; (b) we may immediately deactivate or delete your username, password, and account; (c) subject to applicable laws, we will be under no obligation to maintain or provide you with access to any materials associated with your account (including Submitted Materials or Feedback), and may retain or delete such materials in our sole discretion; and (d) except for the license granted to you to access and use the Site, the remaining provisions of the Global Terms will survive and continue in effect.
13. NOTICE OF COPYRIGHT INFRINGEMENT
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send to Protiviti a written notice by mail or email requesting that Protiviti remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Protiviti a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to:
Attn: Grace Chung, Senior Corporate Counsel, Legal Department
2884 Sand Hill Road
Menlo Park, California 94025, U.S.A.
Email: [email protected]
Phone: (650) 234-6000
We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.
14. INFORMATION OR COMPLAINTS
If you have a question or complaint regarding the Global Site, please send an email to [email protected] You may also contact Protiviti by writing to:
2884 Sand Hill Road
Menlo Park, California 94025, U.S.A.
Please note that email communications will not necessarily be secure. Accordingly, you should not include credit card information or other sensitive information in your email correspondence with us.
The Global Terms do not, and will not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Protiviti or between you and any Member Firm. If any provision of the Global Terms is found to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable from the Global Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer, or sublicense any or all of your rights or obligations under the Global Terms without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under the Global Terms without restriction. No waiver by us of any breach or default under the Global Terms will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular will 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 the Global Terms will be construed as if followed by the phrase “without limitation.”
The Global Terms, including any terms and conditions incorporated herein, constitute the entire agreement between you and us relating to the subject matter hereof, and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter.
Notices to you may be made via posting to the Site or by email (including in each case via links), or by regular mail. Without limitation, a printed version of the Global Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to the Global Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
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An Equal Opportunity Employer M/F/Disability/Veterans.