These Terms and Conditions ("T&Cs") apply to your use of the Deel Community Platform ("Community"). You agree to abide by these T&Cs whenever you use the Community, navigate through its pages or resources, or read or use documents and information posted on the Community.
PURPOSE
The Community is a peer-to-peer and support channel for people and brands who want to create customers for life! The Community has discussion and education pieces on our software, as well as thought leadership on digital best practices. Although we designed the Community to focus on our customers, partners, and employees, we welcome anyone with an interest in enterprise communities, customer loyalty, and brand- building to join ("Users").
COMMUNITY ACCESS
In order to engage and use the Community, you will need to have a Deel account to login. You may only log in to the Community with Deel's Single Sign-On (SSO). Once you have logged into the Community using Deel’s SSO, you will be asked for a unique username. Choose one that would best describe you and is respectful to others.
USER PROFILE INFORMATION
PRIVACY
You authorize Deel's collection, use, protection and transfer of your information as described herein and in the Deel Privacy Policy. By using the Community, you also agree to the association of your username with any Content you post and that such Content will be visible to the Users of the Community.
UNAUTHORIZED USE
If your username or password is compromised, if you become aware of any unauthorized use of your account, or you notice another breach of security, you must notify us immediately at community@deel.com.
You are fully and solely responsible for maintaining the privacy and security of your computer system and mobile device. You will promptly disable access to the Community if you believe your account has been compromised or stolen, and you will immediately notify us if you believe your account credentials have been compromised or stolen, and in the event of any unauthorized access to or use of your account. Deel will not be liable for any losses or damage arising from unauthorized use of your account or password, and you agree to indemnify and hold Deel harmless for any unauthorized, improper or illegal use of your account and any charges and taxes incurred, unless you have notified us via e-mail at ciso@letsdeel.com that your account has been compromised and have requested that we block access to it, which we will do as soon as reasonably practicable. We will attempt to prevent any unauthorized activity on your account, and we will assist you in the event your account is compromised, but we do not police for and cannot guarantee that we will learn of or prevent, any inappropriate use of the account and you are solely responsible for any loss that results from unauthorized access to it. We may suspend access to your account if we suspect your account has been compromised.
CONTENT
At our sole discretion, we may provide opportunities for you to participate by creating, providing, sharing and uploading information to the Community such as comments, ideas, articles, documents, videos, photos or other data, material or information (individually and collectively "Content").
CONDUCT
In addition, you may not:
DEEL’S INTELLECTUAL PROPERTY
Website License Grant. Subject to your compliance with the T&Cs, we grant you a limited, non-exclusive, worldwide, royalty-free, revocable, non-sublicensable license to access and use our website. Neither the T&Cs nor use of the website transfers from Deel to you any Deel or third-party intellectual property rights, and all right, title and interest in and to such intellectual property rights will remain solely with Deel.
Your Content on Our Website
(a) By uploading Content to the Community, you represent and warrant that you either own or have all the necessary intellectual property rights in the Content and that your Content or the providing of your Content to the Community do(es) not violate any intellectual, industrial or other proprietary right(s) of others. We may ask that you provide evidence of third-party permission where you post Content that we deem to not be owned by you in whole or in part. And, whether we ask for evidence of permission or not, you agree to indemnify, release, and hold us harmless from any and all liability, claims, actions, loss, harm, damage, injury, cost, or expense arising out of or related to any Content you post on our website.
(b) We do not endorse any Content posted on the Community by any third-party.
(c) Deel may, in its discretion, decide to claim ownership of any Content that you or other Users post, upload, submit or otherwise provide to the Deel Community. By providing Content, you grant to Deel and each Deel Community User under all intellectual, industrial and proprietary right a perpetual, worldwide, non-exclusive, sublicensable, transferable, no-charge, royalty-free, irrevocable license to use, reproduce, modify, distribute, display, perform and otherwise fully exploit such Content for any and all purposes.
(d) By uploading Content to Community, you warrant that you are not uploading viruses, worms, Trojan horses or other malicious, illegal, or unlawful code which is designed to interrupt, destroy, or limit the functionality of any software or hardware. You acknowledge and agree that all Content is provided on a non-confidential basis notwithstanding any designation or notation of confidentiality.
Our Content on Our Website
(a) The copyright and moral rights in and to all material provided on our Community is owned by Deel or its licensors. You may not copy, reproduce, distribute, republish, download, display, post, or transmit any of the material in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Deel or the copyright owner, as applicable, except that you are permitted to download and retain a copy of any agreement related to your use of our website for your records.
(b) The name “Deel,” the URL of Deel.com, the Deel logo, and all other trademarks, service marks, graphics, and logos used in connection with our website are trademarks or registered trademarks of Deel or Deel’s licensors. Other trademarks, service marks, graphics, and logos used in connection with our website may be the trademarks of other third parties. YOUR USE OF THE WEBSITE GRANTS YOU NO RIGHT OR LICENSE TO REPRODUCE OR OTHERWISE USE ANY DEEL OR THIRD-PARTY TRADEMARKS, SERVICE MARKS, GRAPHICS, OR LOGOS.
COPYRIGHT INFRINGEMENT
Deel Community and its representatives respect the intellectual property of others and require Users to do the same.
DISCLAIMER OF WARRANTIES.
Users expressly understand and agree that:
INDEMNIFICATION.
You agree to defend, hold harmless, and indemnify Deel from any claim or action brought by a third party, including all damages, liabilities, costs, expenses, and reasonable attorney fees, resulting from, alleged to have resulted from, or in connection with (a) your use of the Community, (b) your breach of any obligation or restriction in the Terms, (c) infringement of the intellectual property rights of Deel or any third party, or (d) violation of any applicable law or regulation.
THIRD PARTY SITES.
Deel makes no representation and shall have no responsibility with respect to the content, use, functionality or otherwise with respect to third party sites that may be linked to from our website.
LIMITATION OF LIABILITY.
We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Content and the Community. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems or equipment, servers or providers, software, failure due to technical problems or traffic congestion on the Internet or on the Community. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death and any injury or damage to any person’s mobile device or computer, resulting from use of the Community or from any Content. In addition, we assume no responsibility for any incorrect data, including personal data provided by you or on your behalf and you hereby represent and warrant that you are solely responsible for any and all data provided to Deel, including any incorrect data and you shall assume any and all liability for any consequences of provision of such incorrect data to us.
IN NO EVENT WILL DEEL, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE COMMUNITY; (B) ANY CONDUCT OR CONTENT OF ANY USER OF THIRD PARTY ON THE COMMUNITY; (C) ANY CONTENT OBTAINED FROM THE COMMUNITY; AND (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
OUR MAXIMUM LIABILITY TO YOU UNDER THESE TERMS IS LIMITED TO THE GREATER OF THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO US IN THE THREE MONTHS PRECEDING THE EVENT THAT IS THE BASIS OF YOUR CLAIM OR {4}00.00. THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY ON WHICH YOUR CLAIM IS BASED.
EXCLUSIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, so the limitations above may not apply to you.
NOTICE
Notices to Users may be made via email. The Community may also provide notices of changes to the T&Cs or other matters by displaying notices or links to notices to you generally on the Community. Any notice that a User is required or may desire to give to Deel Community and its representatives under or in conjunction with the T&Cs or any agreement between the parties shall be made via email to Deel at community@deel.com and shall be deemed to have been duly delivered based on the date that the electronic mail is received by Deel Community mail servers.
GOVERNING LAW
These Terms will be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions or by the JAMS Rules in the case or arbitrations as outlined below.
ARBITRATION AND CLASS ACTION WAIVER
You agree to first attempt to resolve disputes with us in good faith and in a timely manner. Where no resolution can be found, you agree that any dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of the Community will be settled by final and binding arbitration in San Francisco, California, using the English language, before a single arbitrator. Claims involving amounts greater than {1}50,000 will apply the JAMS Comprehensive Arbitration Rules and Procedures; and Claims involving amounts less than or equal to {1}50,000 will apply the JAMS Streamlined Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under these Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you and Deel are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, you and Deel will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules.
MISCELLANEOUS.
The T&Cs, together (if applicable) with any other agreement you may have with us relating to the Community or the Deel Services, constitute the entire agreement between Deel and you concerning the subject matter hereof, and they may only be modified by a prior written amendment signed by an authorized representative of Deel, or by the posting by Deel of a revised version, as applicable. Any variation to the T&Cs or any other agreement relating to the Community or the Deel Services must be agreed to in prior writing by Deel. If any part of the T&Cs is held invalid or unenforceable, that part will be construed to reflect the original intent of the parties, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the T&Cs or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may not assign your rights under the T&Cs without prior written consent from an authorized representative of Deel. Deel may assign its rights under the T&Cs with restriction. The T&Cs will be binding upon and inure to the benefit of the parties, their successors and permitted assigns. You acknowledge and agree there are no third- party beneficiaries to the T&Cs.