Terms of Service

Effective Date: Jun 1, 2024
Drill Insight ("Company", "we", "us", or "our") operates various websites, including, but not limited to www.drillinsight.com("Website"), and through the Websites we offer various products and services ("Services"), including Drill Insight Class and Drill Insight Materials. This Terms of Service, together with any document expressly incorporated herein (collectively as "Agreement"), is made and entered into by and between you and Drill Insight, and governs the terms and conditions for the access or use of our Websites and Services.
Please read this Agreement carefully before you start to access or use any of the Websites and/or Services. If you do not agree to this Agreement, you are expressly prohibited from using the Websites and/or the Services and must discontinue your use immediately.
By accessing or using any of the Websites and/or Services, or by clicking to accept or agree to this Agreement, and you agree to the following:
(A) You agree to be bound by the terms and conditions of this Agreement, including our Privacy Policy, found at www.drillinsight.com/agreements/privacy-policy, incorporated herein by reference;
(B) You are of a legal age has the legal capacity to form a binding contract with Company;
(C) If you are accepting the terms and conditions of this Agreement on behalf of another company or legal entity, you represent and warrant that you have the authority to bind such company or legal entity (if any) to the terms and conditions of this Agreement, in such cases the terms "you" and "your" shall refer to such company or legal entity;
(D) We may, and reserve the right to, make changes to modify or discontinue any of the Websites, Services and/or this Agreement. In the event we modify any of the Websites, Services and/or this Agreement, your continued use of any of the Websites and/or Services after said changes constitutes your consent to the changes;
(E) This Agreement contains a mandatory arbitration clause that requires you to resolve disputes with the company on an individual basis through binding arbitration (not in court), you agree to be bound by the mandatory arbitration clause.
  1. Definitions
  • Websites. Websites refer to all websites operated by Drill Insight including, but may not be limited to www.drillinsight.com.
  • Services. Services refers to the various products and services offered by Drill Insight through our various Websites.
  • Privacy Policy. Privacy Policy refers to our privacy policy that can be found at www.drillinsight.com/agreements/privacy-policy.
  • Suggestion. Suggestion refers to any suggested improvement or enhancement and any other recommendation or other feedback with respect to the Websites, the Services, Drill Insight Class and Drill Insight Materials that you provide to the Company.
  • Users Content. User Content means the content or materials you may be allowed to post, submit, publish, display, or transmit to other users or other persons through the interactive features of the Websites including, without limitation, message boards and personal web pages or profiles.
  • Drill Insight Class. Drill Insight Class refers to the training sessions that the Company makes available at its discretion in connection with the Services or Websites.
  • Drill Insight Materials. Drill Insight Materials refers to the information, data, technology and materials, that the Company makes available at its discretion in connection with the Services or on the Websites, including any documentation, training materials, sample code, software libraries, command line tools, and other related technology such as, add-on and templates.
  1. Company’s Responsibility
(a) Service Subscriptions. Subject to your compliance with this Agreement, Company will make the applicable Services available to you during the term of this Agreement. Company will provide support for the applicable Services to you during the term of this Agreement at no additional charge.
(b) Trial Services. Company may make certain Services, including Drill Insight Class, available without charge for limited periods for evaluation and advertisement purposes (a “Trial”). The Trial will be available for a limited term specified by Company and may have limited features, content, materials or other limitations as determined by Company, and Company may change or discontinue the Trial at any point. Company reserves the right to monitor your use of Trial.
  1. Your Use of the Websites and Services
(a) Access and Use. You may only access and use the Websites and/or Services in accordance with the terms and conditions of the Agreement. You agree to provide true, accurate and complete information when you register for and use any of the Services and agree to update all required information promptly. You agree not to create an account using a false identity or information, or on behalf of someone other than yourself. Each person who uses any of the Services must have a separate username and password. You may only create one account per person. You must provide any other information reasonably requested by Company.
(b) Prohibited Uses. You agree not to use the Websites and/or the Services:
(i) In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
(ii) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
(iii) To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the content standards set out in this Agreement.
(iv) To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
(v) To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
(vi) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Websites and/or the Services, or which, as determined by us, may harm the Company or users of the Websites and/or the Services or expose them to liability.
Additionally, you agree not to:
(i) Use the Websites and/or the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Websites and/or the Services, including their ability to engage in real time activities through the Websites and/or the Services.
(ii) Use any robot, spider, or other automatic device, process, or means to access the Websites for any purpose, including monitoring or copying any of the material on the Websites.
(iii) Use any manual process to monitor or copy any of the material on the Websites or for any other unauthorized purpose without our prior written consent.
(iv) Use any device, software, or routine that interferes with the proper working of the Websites and/or the Services.
(v) Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
(vi) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Websites the server on which the Websites are stored, or any server, computer, or database connected to the Websites.
(vii) Attack the Websites via a denial-of-service attack or a distributed denial-of-service attack.
(viii) Otherwise attempt to interfere with the proper working of the Websites.
(c) Your Responsibility for Users Content.
(i) You are responsible for the accuracy, quality and lawful use of Users Content and the means by which you acquired Users Content. You are also responsible for securing, protecting and maintaining the confidentiality of your account username and password. You are responsible for any access and use of the Services via your account and for all activities that occur in connection with your account, regardless of whether the activities were undertaken by you or a third party. Company will not be liable for any loss or damage arising directly or indirectly from your failure to maintain the security of your account and password or for unauthorized access to your account. You agree to notify Company immediately if you believe that an unauthorized third party may be using your account or if your account information is lost or stolen.
(ii) If you provide any Users Content that is untrue, inaccurate, not current, or incomplete, or Company has reasonable grounds to suspect that such Users Content is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Websites and/or Service.
(iii) The Users Content provided must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, Users Content shall not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable, or promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  1. Payments
If you buy any of our paid Services, you agree to pay us the applicable fees and taxes and comply with the additional terms applicable to the paid Services, including, without limitation, the Client Jobs Terms and Conditions and the Candidate Jobs Terms and Conditions. Failure to pay these fees will result in the termination of your paid Services. Additionally, you agree that:
(a) In order to avoid interruptions in your paid Services and to facilitate the payment for other Services you may buy, we may store your payment method and use it for renewal of your paid Services and purchase of other Services.
(b) If you purchase a subscription for any paid Services, your subscription will automatically renew and your payment method may be automatically charged pursuant to the relevant terms and conditions for such paid Services. To avoid future charges, please cancel your subscription before the renewal date pursuant to the relevant terms and conditions for such paid Services.
(c) All of your purchases of Services are subject to our refund policy as set forth in the relevant terms and conditions for the applicable Services.
(d) We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.
  1. Proprietary Rights and License
(a) Drill Insight Ownership; Suggestions. As between you and Company, Company owns and reserves all right, title, and interest in and to the Services, the Drill Insight Class and the Drill Insight Materials, including all intellectual property rights therein, which are created by or on behalf of, or otherwise acquired by the Company. No rights are granted to you hereunder other than as expressly set forth herein. You grant to Company a perpetual, irrevocable, worldwide, nonexclusive, transferable, sublicensable right and license to commercially exploit in any manner Company deems fit any Suggestions that you provide to Company.
(b) License to the Websites and Services..
(i) The Websites and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
(ii) Subject to your continued compliance with this Agreement, the Company grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferrable license to use the Websites and applicable Services for your personal, non-commercial use only; provided that if you are a Client (as defined in the Client Jobs Terms and Conditions), you may use the applicable Services for the intended commercial use as set forth in the Client Jobs Terms and Conditions.
(c) License Restrictions. The grant of rights to you in the paragraph (b) above is subject to the following restrictions and limitations. You may not, and may not permit any third party to:
(i) reverse engineer (except to the extent specifically permitted by statutory law), decompile, disassemble or otherwise attempt to discover source code, object code or underlying structures, ideas or algorithms of the Websites or any software, documentation or data related to the Websites the Drill Insight Class, the Drill Insight Materials and other Services;
(ii) modify, translate or create derivative works based on the Websites the Drill Insight Class, or the Drill Insight Materials;
(iii) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website; or
(iv) use the Websites the Drill Insight Class or Drill Insight Materials other than in accordance with this Agreement and in compliance with all applicable laws and regulations (including but not limited to any applicable privacy and intellectual property laws).
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Websites and/or the Services in breach of this Agreement, your right to use the Websites and/or the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Websites or any content on the Websites are transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Websites and/or the Services not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws.
  1. Trademarks
The Company name, the terms “Drill Insight” and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Websites are the trademarks of their respective owners.
  1. Term and Termination
(a) Term. This Agreement shall expire upon the expiration or termination of your account or subscription to Services with respect to your use of the Services. This Agreement shall continue to apply with respect to your use of the Websites each time you access and use the Websites.
(b) Termination. We may terminate this Agreement for cause immediately if there is any material default or breach of this Agreement by you. Without limitation the foregoing, we have the right to:
(i) Remove or refuse to post any Users Content for any or no reason in our sole discretion.
(ii) Take any action with respect to any Users Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Users Content violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Websites or the public, or could create liability for the Company.
(iii) Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
(iv) Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Websites.
(v) Terminate or suspend your access to all or part of the Websites for any or no reason, including without limitation, any violation of this Agreement.
(vi) Terminate or suspend your subscription to any Services immediately if you violate any provision of this Agreement.
(vii) Refuse to your registration for any Services and/or creation of a new account if you have been previously removed by Company from a previous account or if you have been previously banned from accessing to the Websites or any of the Services.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Websites. YOU WAIVE AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES, OWNERS, DIRECTORS, EXECUTIVES, EMPLOYEES, CONTRACTORS, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
(c) Effect of Termination. Upon expiration or termination of your account or subscription to Services:
(i) All your rights under this Agreement relating to such Services will immediately terminate;
(ii) You will lose all access to the applicable Services, including access to your account and Users Content;
(iii) You will immediately return or, if instructed by Company, destroy all Company Materials relating to such Services in your possession or control; and
(iv) Any licenses to any Drill Insight Class, or Drill Insight Materials relating to such Services will terminate.
  1. Copyright Infringement
If you believe that any Users Content violate your copyright, please see our Copyright Policy at www.drillinsight.com/agreements/privacy-policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts for repeat infringers.
  1. Reliance on Information Posted
The information presented on or through the Websites are made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Websites or by anyone who may be informed of any of its contents.
The Websites includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
  1. Changes to the Website
We may update the content on the Websites from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Websites may be out of date at any given time, and we are under no obligation to update such material.
  1. Information About You and Your Visits to the Websites
All information we collect on the Websites are subject to our Privacy Policy www.drillinsight.com/agreements/privacy-policy. By using the Websites and/or Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
  1. Linking to the Websites and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
The Websites may provide certain social media features that enable you to:
(a) Link from your own or certain third-party websites to certain content on the Websites.
(b) Send emails or other communications with certain content, or links to certain content, on this Websites.
(c) Cause limited portions of content on the Websites to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
(a) Establish a link from any Websites that is not owned by you.
(b) Cause the Websites or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
(c) Link to any part of the Websites other than the homepage.
(d) Otherwise take any action with respect to the materials on the Websites that is inconsistent with any other provision of this Agreement.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the content standards set out in this Agreement.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
  1. Links from the Website
If the Websites contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Websites you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
  1. Import and Export Control
The owner of the Websites are based in the state of California in the United States. We provide the Websites for use only by persons located in the United States. We make no claims that the Websites or any of its content is accessible or appropriate outside of the United States. Access to the Websites may not be legal by certain persons or in certain countries. If you access the Websites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Your use of the Websites the Drill Insight Class, and/or the Drill Insight Materials is subject to the customs and export control laws and regulations of the United States and may also be subject to the customs and export laws and regulations of other countries. You will fully comply with all applicable customs and export control laws and regulations of the United States and any other country where you use the Websites the Drill Insight Class, and/or the Drill Insight Materials. You certify that you are not on any of the relevant U.S. Government Lists of prohibited persons, including but not limited to the Treasury Department’s List of Specially Designated Nationals, and the Commerce Department’s List of Denied Persons or Entity List. You further certify that you will not export, re-export, ship, transfer or otherwise use the Websites the Drill Insight Class, and/or Drill Insight Materials in any country subject to an embargo or other sanction by the United States, including, without limitation, Iran, Syria, Cuba, Sudan and North Korea, and that you will not use the Websites the Drill Insight Class, and/or the Drill Insight Materials for any purpose prohibited by U.S. laws, including, but not limited to, nuclear, chemical, missile or biological weapons related end uses. You are prohibited from sending to your account any data or software that cannot be exported without prior written government authorization, including but not limited to, certain types of encryption software. These assurances and commitments will survive termination of this Agreement.
  1. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Websites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirement for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES ARE AT YOUR OWN RISK. THE WEBSITES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
  1. Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITES ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITES OR SUCH OTHER WEBSITES, ANY SERVICES OFFERED ON OR THROUGH THE WEBSITES INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
  1. Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement or your use of the Websites and/or Services, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in this Agreement or your use of any information obtained from the Websites.
  1. Governing Law and Jurisdiction.
All matters relating to the Websites and this Agreement and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction), except as may be otherwise provided in the Arbitration clause in Section 18 below or in supplemental terms, as applicable.
Subject to the Arbitration clause in Section 18, any legal suit, action, or proceeding arising out of, or related to, this Agreement or the Websites shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the City of Cupertino and County of Santa Clara although we retain the right to bring any suit, action, or proceeding against you for breach of this Agreement in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
  1. Arbitration
By agreeing to this Agreement, you agree that you shall resolve any claim that you may have against the Company on an individual basis in arbitration. This will preclude you from bringing any class, collective, or representative action against the Company, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against the Company by someone else.
You and the Company agree that any dispute, claim or controversy arising out of or relating to (a) this Agreement or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Websites or Services at any time, whether before or after the date you agreed to this Agreement, will be settled by a binding arbitration between you and the Company and not in a court of law.
You acknowledge and agree that you and the Company are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless otherwise agreed in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and the Company each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). Unless you and the Company otherwise agree, the arbitration will be conducted in the County of Santa Clara, California.
An arbitrator (the “Arbitrator”) will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
If any portion of this Section is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from this Agreement; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
  1. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE WEBSITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
  1. Assignment
You may not assign this Agreement in whole or in part and any rights granted hereunder without the Company’s prior written approval, and any such transfer or assignment shall be void and ineffective. The Company may assign this Agreement and its rights and obligations hereunder without restriction, including and not limited to: (i) its subsidiary or affiliate; (ii) an acquirer of the Company’s equity, business or assets; or (iii) a successor by merger.
  1. Waiver and Severability
No waiver of by the Company of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.
  1. Entire Agreement
This Agreement, our Privacy Policy and Copyright Policy, and the Client Jobs Terms and Conditions and the Candidate Jobs Terms and Conditions as applicable, constitute the sole and entire agreement between you and Drill Insight regarding the Websites and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Websites.
  1. Your Comments and Concerns
The Websites are operated by Drill Insight. All notices of copyright infringement claims, and other feedback, comments, requests for technical support, and other communications relating to the Websites should be directed to:
Email: support@drillinsight.com