Terms of Use
 

I.   General
This page sets forth the Terms of Use for The Lateral Project ("LP") under which you may use www.LateralProject.com (the “Site”) and any associated recruiting and placement services, whether accessed through the Site or otherwise (the “Services”). This is an agreement between you and РіnnасIе LеgаI РIасеmеnt, LLС, which owns and operates the Site and the Services. These Terms of Use include LP’s Privacy Policy, which is incorporated into these Terms of Use by reference.  By using the Site or any of the Services, you are indicating your agreement to these Terms of Use, including LP's Privacy Policy.  Please read this page carefully.  If you do not accept the Terms of Use stated herein, do not use the Site or the Services provided by LP.

LP reserves the right to change any of the terms in these Terms of Use, including the Services or any policies or guidelines governing the Services, at any time and in its sole discretion. You are responsible for periodically checking the Site to determine if any changes have been made and we are not liable for your failure to do so or our failure to provide direct notice to you. Your continued use of the Services following any revision of these Terms of Use will constitute your acceptance of the changes or modifications to the Terms of Use. If you do not agree to any changes to the Terms of Use, do not continue to use the Services or this Site.

II.   Eligibility
You must be 18 years of age or older to visit or use the Site in any manner.  By visiting the Site or accepting these Terms of Use, you represent and warrant to LP that you are 18 years of age or older, and that you have the right, authority and capacity to agree to and abide by these Terms of Use.  You also represent and warrant to LP that you will use the Site in a manner consistent with any and all applicable laws and regulations.

III.   Submission of Information
You may have the option to submit certain information on the Site or by other means as part of your use of (or application to use) the Services. Likewise, if you are an associate at a law firm and have provided consent to be listed on LP, you may be asked to provide additional information to assist LP in its interaction with employers on your behalf.  You warrant that any such information, whether submitted on the Site or provided by any other means to LP, is accurate and truthful.

IV.   No Guarantees
You understand and agree that LP is not obligated to:

A.    Transmit your anonymous profile or any other document (such as a resume or transcript) or other message of any kind to any employer;

B.    Assist in setting up any interviews between you and any employer; or

C.    Find employment for you with any employer.
 

V.   Use Restrictions

A.    Users shall not use the Site:

1)   to resell or assign rights in or to any materials compiled therein;

2)   in violation of any applicable law or regulation;

3)   in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others; or

4)   that is defamatory, obscene, threatening, abusive or hateful.

B.    The Site may be used only for lawful purposes by individuals seeking employment and employers seeking employees.

C.    Notwithstanding anything contained herein to the contrary, users agree not to use the Site for any of the following purposes:

1)   posting any incomplete, false or inaccurate information about yourself, your organization, and/or your postings;

2)   if you have a password, allowing any other person to access a non-public area of this Site, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose;

3)   taking any action that imposes an unreasonable or disproportionately large load on LP’s infrastructure;

4)   notwithstanding anything to the contrary contained herein, using (or attempting to use) any engine, software tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search LP other than the search engine and search agents available from LP on the Site and other than generally available third party web browsers (e.g., Microsoft Explorer);

5)   accessing data not intended for you or logging into a server or account that you are not authorized to access;

6)   probing, scanning, or testing the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

7)   forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;

8)   attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this Site;

9)   aggregating, copying or duplicating in any manner any of the materials or information available from the Site;

10)  attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”;

11)  compiling information for commercial recruitment, executive search, staffing, outsourced employment or any other professional employment or recruitment activity; and

12)  framing of or linking to any of the materials or information available from the Site.

VI.   Proprietary Information
The contents of this Site, such as the LP logo, trademarks and service marks, and product and service names (collectively referred to herein as the “Proprietary Information”) are protected under both United States and foreign copyright, trademark and other laws.  All Proprietary Information is the property of LP. Unauthorized use of the Proprietary Information may violate copyright, trademark, and other laws.  You must retain all copyright, trademark, servicemark and other proprietary notices contained in the original Proprietary Information on any copy you make of the Proprietary Information.  You may not sell or modify the Proprietary Information or reproduce, display, publicly perform, distribute, or otherwise use the Proprietary Information in any way for any public or commercial purpose.  The use of the Proprietary Information on any other Site or in a networked computer environment for any purpose is prohibited.

VII.   Lawful Use
This Site may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees.  As one of the conditions of your use of this Site, you represent, warrant, and agree that you will not use (or plan, encourage, or help others to use) this Site for any purpose or in any manner that is prohibited by these terms, conditions and notices or by applicable law (including but not limited to any applicable export controls).  It is your responsibility to ensure that your use of this Site complies with these terms and conditions and to seek prior written consent from LP for any uses not permitted or not expressly specified herein.

VIII.   Non-Waiver
The failure of LP to exercise or enforce any right or provision of these terms of use shall not constitute a waiver of such right or provision.  If any provision of the terms of use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the terms of use remain in full force and effect.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of LP or the terms of use that you may have must be filed within one (1) year after such claim or cause of action arose or be forever barred.

IX.   Limitation of Liability
As a condition to your use of this site, you release LP from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.  If you are a California resident, you waive California Civil Code d1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”  The use of the Site and materials therein is at your own risk.  Changes are periodically made to the Site and may be made at any time.

THE LATERAL PROJECT DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS.  IF YOUR USE OF THE SITE OR THE MATERIALS THEREIN RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE LATERAL PROJECT IS NOT RESPONSIBLE FOR THOSE COSTS.  THE SITE AND MATERIALS THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.  THE LATERAL PROJECT, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT.  THE LATERAL PROJECT MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, TEXT, GRAPHICS, AND LINKS.

IN NO EVENT SHALL THE LATERAL PROJECT, OR ANY THIRD PARTIES MENTIONED ON THE SITE, BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE MATERIALS THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE LATERAL PROJECT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

X.   Links to Other Sites
The Site may contain links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by LP of the contents on such third-party websites. LP is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on such third-party websites.  If you decide to access linked third-party websites, you do so at your own risk.

XI.   Termination
LP reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to immediate termination of your status as a listed associate or your ability to access the Site and/or any other Service provided to you by LP, upon any breach by you of these Terms of Use or if LP is unable to verify or authenticate any information you submit to the Site.

XII.   Employer Agreement Controls
Notwithstanding anything contained herein to the contrary, any terms or conditions set forth under these Terms of Use which are in conflict with or inconsistent to the terms or conditions set forth under any fee agreement executed in writing by and between LP and an employer shall be controlled by such fee agreement.

XIII.   Miscellaneous
These Terms of Use are governed by the substantive laws of the State of New York, without respect to its conflict of laws principles.  Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within the County of New York in the State of New York.  If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.  No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term.  These Terms of Use constitute the entire agreement between you and LP and governs your use of the Site, unless otherwise agreed to in writing or elsewhere contained in the Site.