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These Terms of Use govern only your access to and use of our website and online platform. They DO NOT govern the staffing and talent services we provide. If you engage our staffing and talent services, you will enter into a separate Master Services Agreement and Subscription Agreement that will control the terms of those services. In the event of any conflict between these Terms of Use and the Master Services Agreement and/or Subscription Agreement, the Master Services Agreement and/or Subscription Agreement will control.
These Terms of Use ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Be Additive Tech, Inc. ("Company," "we," "us," or "our") governing your access to and use of our website located at https://beadditivetech.com and any related online platforms (collectively, the "Site").
By accessing, browsing, or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must discontinue use of the Site immediately.
For purposes of these Terms:
These Terms govern only your use of the Site, including:
These Terms DO NOT govern:
Those matters are governed by separate written Service Agreements, Talent Agreements, Work Orders, or other contracts. If you enter into such agreements with the Company, the terms of those agreements will control with respect to the Services provided.
The Site provides information about the Company's talent-matching and engagement management services, which may include:
This section is for informational purposes only. The actual availability, terms, scope, and conditions of Services are subject to separate written agreements. Information about talent profiles, qualifications, and availability on the Site is for informational purposes and subject to verification and change.
Certain features of the Site may require you to create an account. By creating an account, you agree to:
We are not liable for any loss or damage arising from your failure to maintain the security of your account credentials or from any unauthorized use of your account.
You agree that you will NOT use the Site to:
We reserve the right to investigate violations of these Terms and to take appropriate legal action, including reporting violations to law enforcement authorities and cooperating with investigations.
All content on the Site—including but not limited to software, databases, text, graphics, logos, images, trademarks, service marks, trade names, executable code, user interfaces, design elements, and documentation—is the exclusive property of the Company or its licensors and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws.
You may NOT:
Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Site for your personal or internal business purposes. This license does not include any right to download, copy, or modify the Site or any portion thereof, except as expressly permitted by these Terms.
You are solely responsible for any User Content you submit, upload, or transmit through the Site. By submitting User Content, you represent and warrant that:
By submitting User Content to the Site, you grant the Company a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, modify, adapt, publish, display, distribute, and otherwise exploit the User Content in connection with operating the Site and providing the Services, and for marketing, promotional, and business development purposes.
You may not submit User Content that:
We reserve the right (but have no obligation) to monitor, review, edit, or remove any User Content at our sole discretion, for any reason or no reason, with or without notice.
"Confidential Information" means any non-public information disclosed by one party to the other in connection with the Site or Services, including but not limited to business plans, financial information, technical data, trade secrets, customer lists, and proprietary processes.
You agree to:
Confidential Information does not include information that:
Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Site, you consent to such collection, use, and disclosure as described in the Privacy Policy.
We implement commercially reasonable technical and organizational measures to protect personal data and User Content from unauthorized access, disclosure, alteration, or destruction. However, no method of transmission over the internet or electronic storage is completely secure, and we cannot guarantee absolute security.
In the event of a data breach affecting your personal information, we will notify you in accordance with applicable law and take reasonable steps to mitigate harm.
You are responsible for:
The Site may contain links to third-party websites, applications, or services that are not owned or controlled by the Company ("Third-Party Services"). We do not endorse or assume any responsibility for any Third-Party Services.
You acknowledge and agree that:
We encourage you to review the terms and privacy policies of any Third-Party Services you access through the Site.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, AND SERVICES PROVIDED ON OR THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
The Site and its content are for informational purposes only and do not constitute professional, legal, financial, tax, or career advice. You should consult qualified professionals for advice specific to your situation.
We do not warrant the accuracy, completeness, or reliability of any third-party content, including Talent profiles, job postings, or client information.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO:
THE COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE WILL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT YOU PAID TO THE COMPANY IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
You acknowledge that the limitations of liability in this section are fundamental elements of the agreement between you and the Company, and that the Company would not provide the Site without these limitations.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. In such jurisdictions, the Company's liability will be limited to the maximum extent permitted by law.
You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with the Company's defense of such claims. You may not settle any claim without the Company's prior written consent.
You may terminate your account and cease using the Site at any time by following the account closure procedures on the Site or by contacting us.
We may, in our sole discretion and without prior notice, suspend or terminate your access to the Site or your account if:
Upon termination:
The Company will not be liable to you or any third party for any termination or suspension of your access to the Site.
These Terms and any dispute arising out of or related to these Terms or the Site will be governed by and construed in accordance with the laws of the State of Maryland, United States, without regard to its conflict of law principles.
For business users, commercial users, or users acting on behalf of an organization:
Any dispute, claim, or controversy arising out of or relating to these Terms or the Site that cannot be resolved through good-faith negotiation will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules.
The arbitration will be conducted as follows:
The arbitrator's decision will be final and binding, and judgment may be entered in any court of competent jurisdiction.
Exceptions to Arbitration: Either party may seek injunctive or equitable relief in court to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights. Either party may also bring claims in small claims court.
For individual or consumer users, or if the arbitration provision does not apply, any legal action or proceeding arising out of or relating to these Terms or the Site shall be brought exclusively in the state or federal courts located in Montgomery County, Maryland, USA and you consent to the personal jurisdiction of such courts.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
You and the Company agree to waive any right to have disputes resolved on a class or collective basis, or to participate as a plaintiff or class member in any class, collective, or representative proceeding.
NOTE: Some jurisdictions (including California for consumers) do not allow class action waivers. If you are a resident of such a jurisdiction, or if this waiver is otherwise found to be unenforceable, this class action waiver does not apply to you, and you retain your right to participate in class or collective actions to the extent permitted by applicable law.
You agree that any claim or cause of action arising out of or related to use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose, or it will be permanently barred, to the extent permitted by applicable law.
We reserve the right to modify, amend, or update these Terms at any time, in our sole discretion. Changes may be made to:
When we make changes, we will:
Your continued use of the Site after changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must discontinue use of the Site.
We encourage you to review these Terms periodically to stay informed of any updates.
These Terms, together with our Privacy Policy (and any other policies referenced herein), constitute the entire agreement between you and the Company regarding your use of the Site and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding the Site.
These Terms DO NOT constitute the entire agreement for Services provided under separate Service Agreements. Service Agreements, Work Orders, and other contracts will govern the provision of staffing and related services.
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision will be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent. If modification is not possible, the provision will be severed, and the remaining provisions will remain in full force and effect.
No waiver by the Company of any term or condition in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by the Company to assert a right or provision under these Terms does not constitute a waiver of such right or provision.
You may not assign, transfer, or delegate these Terms or your rights and obligations hereunder without the Company's prior written consent. Any attempted assignment without consent will be void.
The Company may assign these Terms, in whole or in part, to any affiliate, subsidiary, or successor, or in connection with any merger, acquisition, reorganization, or sale of assets, without your consent.
These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit upon any third party, except as expressly provided herein (e.g., indemnified parties).
The Company will not be liable for any failure or delay in performance under these Terms due to causes beyond its reasonable control, including but not limited to:
These Terms are provided in English. Any translations are provided for convenience only. In the event of any conflict or inconsistency between the English version and any translation, the English version shall prevail.
Nothing in these Terms creates any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and the Company. You have no authority to make or accept any offers or representations on behalf of the Company.
The section headings in these Terms are for convenience only and have no legal or contractual effect.
The following sections will survive termination of these Terms or your use of the Site: Definitions, Intellectual Property Rights, User Content and Submissions (license grant), Confidentiality, Data Privacy, Disclaimer of Warranties, Limitation of Liability, Indemnification, Dispute Resolution and Governing Law, and General Provisions.
We are committed to making the Site accessible to all users, including individuals with disabilities. We strive to comply with applicable accessibility standards and guidelines.
If you experience any difficulty accessing any part of the Site or have suggestions for improvement, please contact us at accessibility@beadditive.com. We will work with you to provide the information or functionality you need through an alternative communication method.
For questions, concerns, or notices regarding these Terms or the Site, please contact us at:
Be Additive Tech, Inc.
11118 Luttrell Lane
Silver Spring, MD 20902
United States
Email: contact@beadditive.com
Phone: +1-301-941-4500
BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE.