Terms

By accessing KP Innovation Lab LLC and its subsidiaries and divisions (collectively, “KPIL”, “we” or “our”) websites and software applications (collectively, the “Sites”), you are agreeing to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing our Sites. The materials contained in our Sites are protected by applicable copyright and trademark law.

Use License

Permission is granted to temporarily download one copy of the materials on our Sites for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • Modify or copy the materials.
  • Use the materials for any commercial purpose, or for any public display (commercial or non-commercial).
  • Attempt to decompile or reverse engineer any software contained on the Sites.
  • Remove any copyright or other proprietary notations from the materials.
  • Transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by KPIL at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

KPIL reserves the right to refuse and/or delete any user profile at any time. Reasons for refusal/deletion can include fraudulent postings, attempts to promote another site or service, and the posting of any content not deemed appropriate by KPIL. In the case of deleted content, a refund is not guaranteed.

Disclaimer

The materials on the Sites are provided “as is”. KPIL makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, KPIL does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Sites or otherwise relating to such materials or on any sites linked to this site.

Limitations

In no event shall KPIL or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the Sites, even if KPIL or a KPIL authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Revisions and Errata

The materials appearing on the Sites could include technical, typographical, or photographic errors. KPIL does not warrant that any of the materials on its Sites are accurate, complete, or current. KPIL may make changes to the materials contained on its Sites at any time without notice. KPIL does not, however, make any commitment to update the materials.

KPIL has not reviewed all the sites linked to and from the Sites and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement of the site by KPIL. Use of any such linked web site is at the user’s own risk.

KPIL Terms of Use Modifications

KPIL may revise these Terms of Use for its Sites at any time without notice. By using the Sites, you are agreeing to be bound by the then current version of these Terms of Use.

Governing Law

Any claim relating to KPIL’s Sites shall be governed by the laws of the Commonwealth of Virginia without regard to its conflict of law provisions.

Refund Policy

KPIL has a satisfaction guarantee. If you have met our Terms of Use and are not fully satisfied, please notify us in writing with signature, current and accurate contact information, and account verification at KP Innovation Lab LLC, 8343 Highland St, Norfolk, VA 23518 within 30 days of creating your employer account and we will review your refund request.

Employer Accounts

When you create a KPIL account, a Company Page, whether as part of the KPIL Boosts Program or otherwise, you agree that this Agreement, the terms associated with any KPIL service you are using, and all of KPIL’s policies, including the KPIL Privacy Policy, apply to you.

As an Employer, your account is for business use and not for personal use. KPIL is not responsible for and disclaims all liability if your email is used improperly or falsely by a third party. By registering for a KPIL account, you agree to receive mandatory email updates regarding anomalous activity to your KPIL account. If you attempt to send an email from a name or email address that is not true, accurate, current or complete, we reserve the right to drop such email, and attempting to send such email is a violation of our terms.

If your KPIL employer account has a credit card on file to pay for a KPIL product or service, KPIL may charge that card for any additional products or services you order.

You agree that KPIL may send notices to employees informing them that an Employer account has been compromised, including if such account is associated with you. KPIL cannot and does not guarantee that such notices will always be sent or received, and you therefore agree that KPIL bears no responsibility for doing so. KPIL makes no warranty regarding, and disclaims any liability for, the accuracy, completeness, timeliness, or reliability of such notices.

KPIL may offer suggestions, recommendations, or information to users that may support or improve their experience on KPIL Sites. You understand that these offerings are provided as a courtesy and without warranty, and your use of such information is at your sole discretion. As an Employer, you are responsible for your use of the Sites and any tools offered therein. KPIL assumes no responsibility and disclaims all liability for any actions you take based on any information provided by KPIL.

Communication through KPIL

You may receive messages, emails, or email notifications corresponding with your activity on or use of the Sites or any other communications service, product, or feature provided on or through the Sites. In all cases, such messages or notifications are provided solely as a courtesy, and you should not rely on them. KPIL disclaims all warranties with regards to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent. In the event a message being sent is intended for a closed account, these messages will not be deliverable.

KPIL may use your email address to create an alias email address for your communication, in lieu of displaying your actual email address. You agree that KPIL is not responsible or liable for the manner in which the Employer uses the info. Should you choose to send an email from a third party email client, the person with whom you’re communicating may be able to see your email address, rather than the alias. If you send or receive communication on or through the Sites, you agree to your communication being processed, analyzed, reviewed, and stored, including via automated means, for data analysis, quality control, enforcement of the Sites’ rules and other KPIL policies, content moderation, and to improve the Sites or any other KPIL product or service.

Company Pages

You understand that KPIL may display publicly available information about your company on the Company Page, in accordance with applicable law. You authorize KPIL to claim such Company Page for you on your behalf, and allows you to edit and add information to the Company Page. You agree that you are solely responsible for any content you edit or put on a Company Page, whether generated by or for you, including but not limited to photograph(s) or videos you provide, and third-party websites reachable from content you put on a Company Page.

KPIL may additionally offer KPIL Company Pages Premium, which includes features accessible only on a subscription basis and may be charged as indicated in an insertion order. KPIL reserves the right to change or remove these features at any time, in KPIL’s sole discretion. Additionally, these features may include analytics or other figures, which KPIL does not guarantee the accuracy of, and you are responsible for determining their suitability for your intended use or purpose. You may cancel your participation in KPIL Premium Company Pages Program at any time by notifying KPIL. Such cancellation is generally effective at the beginning of the next calendar month. All Company Pages Premium monthly subscriptions will automatically renew until canceled by you. You are responsible for all taxes as applicable and appropriate.

HR Management Tools

KPIL may make HR management software tools available to Employers and their employees (“HR Management Tools”). If you are an employee using any HR Management Tools, you agree that such use is subject to the provisions of this Agreement. You further acknowledge that while KPIL is only providing the HR Management Tools for your and your employer’s use, and that KPIL accepts no responsibility for such use. KPIL does not provide legal advice and cannot guarantee that your Employer will configure or use any HR Management Tool to be in compliance with the law. Your Employer retains all responsibility for such compliance. If you have questions or concerns about the legality or appropriateness of any configuration of an HR Management Tool, you must raise them directly with your Employer.

Governing Law and Dispute Resolution

This Agreement and any Dispute arising out of or in connection with this Agreement or related in any way to the Sites will be governed as to all matters, including, but not limited to the validity, construction, and performance of this Agreement, by and under the laws of the Commonwealth of Virginia, without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in Norfolk, Virginia.

You agree to waive your right to file a pre-suit discovery proceeding seeking a user’s identifying information from KPIL. If you intend to propound discovery seeking user information from KP Innovation Lab LLC, you agree to do so pursuant to a valid federal or Virginia request, addressed to and properly served at our registered agent in Virginia at KP Innovation Lab LLC, 8343 Highland St, Norfolk, VA 23518. You further agree to submit to the personal jurisdiction of the appropriate Virginia state or federal courts for such discovery proceedings.

You also hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to your use of the Sites or these Terms of Use, if you are located in the United States.

Class Action Waiver

By using the Sites and in return for the services offered by KPIL, you acknowledge that KPIL can only offer you these services under the Terms of Use as presented herein. As partial consideration for your use of the Sites and these services, you agree not to sue KPIL as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against KPIL regarding your use of the Sites. If you do not agree to any part of these terms, do not continue your use of the Sites. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court.

Indemnification

You shall indemnify, defend and hold harmless KPIL, its agents, affiliates, and licensors from any claim or liability (including without limitation reasonable legal fees) arising out of or related to: (a) your violation of any term of this Agreement; (b) your use of, and access to, the Sites or any KPIL product, program, or service; (c) your loss of, or disclosure of, information gained from using the Sites or any KPIL product, program, or service; (d) your violation of any applicable laws or regulations, including but not limited to the Fair Credit Reporting Act, any applicable employment, equality, or discrimination laws, and any applicable data protection or privacy laws; (e) your violation of any third party right, including without limitation any copyright, property, or privacy right; (f) any claim that your content caused damage to a third party; (g) your actions as an Employer, including without limitation doing or not doing the following: screening, hiring, promoting, or demoting any employee; or (h) the activities of any third-party service providers you engage to assist you with activities related to your use of KPIL products and services, such as, but not limited to: facilitate your sourcing activities or track the conversion rates of job seeker through to job applicant. This defense and indemnification obligation will survive this Agreement and your use of the Sites or any KPIL product, program, or service.