COMPLETE ACTIVATION TERMS OF SERVICE
PLEASE READ THESE TERMS OF SERVICE AND INDICATE YOUR ACCEPTANCE BY CLICKING THE “I ACCEPT” BUTTON. BY CLICKING THE “I ACCEPT” BUTTON, YOU WILL BE BOUND BY THE PROVISIONS THAT FOLLOW. YOU MAY NOT USE OR ACCESS COMPLETE ACTIVATION’S WEBSITE OR SOFTWARE SERVICE UNLESS YOU ACCEPT THESE TERMS OF SERVICE.
These Terms of Service govern the use of Complete Activation’s website (www.completeactivation.com) and the use of Complete Activation’s Software Broker Service (the “Software Service”) (collectively, the “Services”). Once you click the “I Accept” button, these Terms of Service become effective and establish a binding and enforceable contract between you and Complete Activation, LLC, its successors and assigns (“Complete Activation”).
1. The Services
The purpose of the Services is to connect staffing companies and other businesses (“Tenants” or “Agency Users”) with individuals who have specialized talents and/or modeling skills (“Talent Users”) and who seek to provide services to Agency Users. Agency Users and Talent Users are sometimes referred to herein collectively as “Users”.
The Software Service is a Software as a Service (“SaaS”) platform owned and operated by Complete Activation. The Software Service is accessible at Complete Activation’s website (www.completeactivation.com). The Software Service implements a self-service signup, which means Users—either Agency Users or Talent Users—may choose a Subscription Package, pay for it, and get access to various software features.
The Services also include proprietary infrastructure consisting of two distinct web applications that are incorporated into SaaS platform. These Terms of Service apply to both web applications and to the use of the Services as a whole.
2. User Accounts
In order to use the Services, you must create an account and specify a password. At the time of creating an account, you shall provide Complete Activation with certain personally identifiable information. There are two types of accounts you can create: an Agency User account or a Talent User account (collectively, “User Account(s)” or “Account(s)”). After creating an Account, you may subscribe to one or more of Complete Activation’s Subscription Packages to become a “Paid Account User” to get access to various software features.
2.1. Agency User Accounts
To create an Agency User account, you must be at least 18 years old and have actual authority to contractually bind the entity you represent. By clicking “I Agree” to these Terms of Service, you represent and confirm that you possess the requisite legal authority to bind your company to these Terms of Service. If you do not possess such legal authority, you hereby acknowledge and agree that you may be personally liable for any liability that could arise in connection with your use of the Services.
To create an Agency User account, you must provide Complete Activation with certain personally identifiable information such as your first name, last name, phone number, email address, name of agency, company, or other organization, and your company position or role. You shall not impersonate anyone else or any other Staffing Company or business entity when you create your Account.
If your information changes at any time, or information concerning your staffing company or other entity changes at any time, you shall update your Account to reflect those changes.
2.2. Talent User Accounts
You shall not impersonate another person or entity when you create a Talent User account.
- Content 3.1. Content Posted by You The Services may at times provide opportunities for you to post text, photographs, videos, or other content (collectively, “Content”) on the Services. You can only post Content if you own all the rights to that Content or if another rights holder has given you permission. By posting Content, you grant Complete Activation, its agents, licensees, and assigns an irrevocable, perpetual and nonexclusive right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your Content. This license continues even if you stop using the Services.You agree to indemnify, release, and hold Complete Activation harmless from any and all liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of any Content you post. 3.2. Content Posted by Others. Complete Activation is not responsible for, and does not endorse, Content posted by any other person or Account on the Services. Accordingly, Complete Activation may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any Content posted by another User or other person or entity.
- Protection of Your Information
5. Intellectual Property Ownership
You acknowledge that the Services contain copyrighted material owned by Complete Activation and protected by U.S. copyright law. You may not copy, distribute or otherwise reproduce any part of the Services or the Services’ technological infrastructure without permission from Complete Activation. You also acknowledge that the trademarks associated with the Services are owned exclusively by Complete Activation.
6. Permitted and Prohibited Use of Services
You agree, as a condition of your access and use of the Services, not to use the Services for any purpose that is unlawful or prohibited by these Terms of Service, or in any manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or interfere with any other party’s use and enjoyment of the Services. You shall not attempt to gain unauthorized access to any part of the Services, other Accounts, computer systems or networks connected to any server or to any part of the Services, through hacking, password mining or any other means. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. Except as expressly set forth herein, you shall not (i) copy, reproduce, alter, modify, transmit, perform, create derivative works of, publish, sub-license, distribute, or circulate the Services or any associated applications, tools or data thereof; (ii) disassemble, decompile, or reverse engineer the technology used to provide the Services, or use a robot, spider, or any similar device to copy or catalog the content available through the Services or any portion thereof; or (iii) take any actions, whether intentional or unintentional, that may circumvent, disable, damage or impair the Services’ control or security systems, or allow or assist a third party to do so.
7. Subscription Packages
Once you have created an Account, you will have the option of subscribing to one or more Subscription Packages. A Subscription Package will give you special access to certain features of the Services. What features you will have access to will depend upon which Subscription Package(s) you choose to pay for. If you choose to subscribe to one or more Subscription Packages, you become a “Paid Account User.”
7.1. Grant of License
Subject to these Terms of Service, Complete Activation grants Paid Account Users a non-exclusive, non-transferable, non-assignable, non-sublicensable license to access the features of the Services described in the terms of the Subscription Package(s) selected. Paid Account Users may not share, distribute, relicense or sublicense the features of the Subscription Packages or the Services with or for any other person or entity.
This license is effective until cancellation or termination, as provided below.
Paid Account Users are responsible for paying all fees associated with their chosen Subscription Package(s). Each Subscription Package will specify its fee at the time of purchase. Fees are stated in United States Dollars and must be paid in United States Dollars. All fees are exclusive of any taxes. Paid Account Users are responsible for all applicable taxes, and Complete Activation will charge tax when required to do so. Complete Activation reserves the right to change these Fees with notice to Paid Account Users.
Complete Activation will automatically bill a Paid Account User on a monthly basis using the information the Paid Account User provides at the time of creating his or her Account. The monthly “Billing Period” for a Subscription Package will begin on the day of the month on which Paid Account User purchased the Subscription Package and will end 30 days from that day. Complete Activation will continue automatic monthly billing until cancellation or termination, as described below.
7.4. Upgrades and Downgrades
If a Paid Account User upgrades to a higher-priced Subscription Package during a preexisting Billing Period, the Billing Period for the higher-priced Subscription Package will begin on the day of the upgrade and automatically renew 30 days from the upgrade. Complete Activation will continue automatic monthly billing until cancellation or termination, as described below. The Paid Account User’s preexisting Billing Period will automatically cancel at the end of its remaining 30 days. Paid Account User will be responsible for paying the full price of their new Subscription Package at the time of the upgrade. Paid Account Users will not receive any refunds for upgrades.
If a Paid Account User downgrades to a lower-priced Subscription Package during a preexisting Billing Period, the Billing Period for the lower-priced Subscription Package will begin on the last day of the Billing Period for the lower- priced Subscription Package. Paid Account Users will not receive any refunds for downgrades.
8. Cancellation and Termination
You may stop using the Services at any time. You may cancel your Subscription Package(s) at any time by sending an
email request to firstname.lastname@example.org. Upon cancellation, you shall have access to the features of your Subscription Package(s) until the end of the monthly billing period in which you cancelled.
Complete Activation reserves the right to suspend or terminate your Account, your Subscription Packages, and your access to the Services without notice to you if:
- a) you are in breach of these Terms of Service;
- b) Complete Activation determines that your use of the Services is unlawful;
- c) your use of the Services would cause a real risk of harm or loss to Complete Activation or other users; or
- d) you do not pay for a Subscription Package and have not accessed the Services for 12 consecutive months.
Complete Activation may terminate your Account for any other reason it deems, in its sole interest and discretion, proper under the circumstances.
Complete Activation may provide you with advance notice via the email address associated with your Account to allow you an opportunity to remedy the activity that prompted Complete Activation to contact you. If after such notice you fail to take the steps Complete Activation has requested, Complete Activation will terminate or suspend your access to the Services and Subscription Package(s).
Refunds are only issued if required by law. For example, Users living in the European Union have the right to cancel their subscription within 14 days of signing up for, upgrading to, or renewing a Paid Account.
10. Disputes Between Users
You agree that you are solely responsible for your interactions with all Agency Users, Talent Users, or third-parties in connection with the Services. You further agree that Complete Activation will have no liability or responsibility with respect to your interactions with, or conduct committed by, Agency Users, Talent Users, third-parties, or any other person or entity related to the Services. Complete Activation reserves the right, but has no obligation, to become involved in any way with disputes between you and any other Agency User, Talent User, or third-party in connection with the Services.
If, for any reason, any provision of these Terms of Service is held invalid, such invalidity shall not affect the remainder of these Terms of Service, and these Terms of Service shall continue in force and effect to the full extent allowed by law.
12. Proprietary Rights
You acknowledge that (a) Complete Activation owns and controls all right, title and interest in the Services and all intellectual property rights relating thereto; (b) the Services’ tools and infrastructure constitute valuable intellectual property of Complete Activation; (c) Complete Activation does not grant you any right or license, either express or implied, in the Services except as specified in these Terms of Service, and Complete Activation reserves all other rights; and (d) your use of the Services shall be subject to the restrictions set forth in these Terms of Service. Complete Activation shall be entitled to use and exploit, without restriction or charge, any ideas, improvements, suggestions, or enhancements to the Services made or provided by you or your agents.
13. Choice of Law
These Terms of Service shall be construed and controlled by the laws of the State of Nevada. Any dispute concerning, or breach of the terms of, these Terms of Service will be governed by the laws of the State of Nevada.
You and Complete Activation agree to resolve any claims relating to these Terms of Service or to Services through final and binding arbitration by a single arbitrator. This includes disputes arising out of or relating to interpretation or application of this Arbitration Provision, including its enforceability, revocability, or validity.
You can decline this Arbitration Provision by mailing an unequivocal opt-out request to Connections Consulting & Marketing Solutions, 1900 Western Avenue, Las Vegas, Nevada 89102 within 30 days of first creating your Account.
The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where User lives or works, Las Vegas, Nevada, or any other location User and Complete Activation agree to. The AAA rules will govern payment of all arbitration fees.
15. No Warranties; Disclaimers
THE SERVICES PROVIDED BY COMPLETE ACTIVATION ARE PROVIDED AS IS, WITHOUT WARRANTY OF ANY KIND TO YOU OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF (1) MERCHANTABILITY; (2) FITNESS FOR A PARTICULAR PURPOSE; (3) EFFORT TO ACHIEVE PURPOSE; (4) QUALITY; (5) ACCURACY; (6) NONINFRINGEMENT; (7) QUIET ENJOYMENT; AND (8) TITLE. YOU AGREE THAT ANY EFFORTS BY COMPLETE ACTIVATION TO MODIFY ITS SERVICES SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS, AND THAT ANY COMPLETE ACTIVATION WARRANTIES SHALL NOT BE DEEMED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. YOU FURTHER AGREE THAT COMPLETE ACTIVATION SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THESE TERMS OF SERVICE OR OTHERWISE, EVEN IF COMPLETE ACTIVATION WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT.
16. Limitation of Liability
IN NO EVENT SHALL COMPLETE ACTIVATION BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR CONTINGENT DAMAGES INCLUDING LOSS OF PROFITS, OR ANY AMOUNTS THAT IN THE AGGREGATE EXCEED THE FEES ACTUALLY PAID TO COMPLETE ACTIVATION BY YOU (THE FOREGOING BEING COLLECTIVELY CALLED “DAMAGES”) INCURRED BY YOU OR ANY OTHER THIRD PARTY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER IN AN ACTION BASED ON CONTRACT, TORT OR ANY OTHER SUCH THEORY, EVEN IF COMPLETE ACTIVATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Complete Activation shall indemnify and hold harmless you and your officers, employees, agents and representatives and defend any action brought against same with respect to any third-party claim, demand or cause of action, including reasonable attorney’s fees, to the extent that it is based upon a claim that the Services infringe or violate any United States patents, copyrights, trade secrets, or other proprietary rights of a third party. You may, at your own expense, assist in such defense if you so choose, provided that Complete Activation shall control such defense and all negotiations relating to the settlement of any such claim. In the event that the Services or any portion thereof are held to constitute an infringement and the Services’ use is enjoined, Complete Activation may, at its sole option and expense, (a) modify the infringing Services so that they are non-infringing, (b) procure for you the right to continue to use the infringing Services, or (c) replace said Services with suitable, non-infringing software. Notwithstanding the foregoing, Complete Activation will have no obligation for any claims to the extent such claims result from (i) modifications or alterations of the Services made by or for you or any other party that were not provided by Complete Activation or authorized by Complete Activation in writing; (ii) use outside the scope of the license granted hereunder, (iii) use of a superseded or previous version of the Services if infringement would have been avoided by the use of a newer version which Complete Activation made available to you, or (iv) use of the Services in combination with any other software, hardware, data, or materials not supplied by Complete Activation. This indemnity obligation is subject to the limitation of liability and the other pertinent provisions of these Terms of Service.
18. Force Majeure
If Complete Activation is unable to perform in whole or in part its obligations as set forth in these Terms of Service because of Force Majeure including, without limitation, earthquakes, governmental regulation, fire, flood, pandemic, labor difficulties, terrorism, civil disorder and all acts of God, or any other act, event or circumstance beyond the reasonable control of you or Complete Activation (whether or not mentioned or foreseeable), Complete Activation shall not be liable to you for its failure to perform said obligations.
19. Assignment & Delegation
You are not permitted to assign, transfer or sell your rights or obligations under these Terms of Service or delegate your duties hereunder without the prior express written consent of Complete Activation, and any attempted assignment or delegation shall be void and without effect. Complete Activation may assign these Terms of Service to any person or entity for any lawful reason or purpose.
20. Changes to Terms of Service.
21. Entire Agreement
These Terms of Service contain all of the covenants and agreements between you and Complete Activation with respect to the matters stated herein. These Terms of Service may be amended or modified only in writing, and shall be effective only after you click the “I Accept” button.