T & C

Effective Date: 11/29/2023

Welcome to Correct, which is owned and operated by Beyond Hired, Inc. (“Correct,” “we,” or “us”). We are a mindfulness and meditation app for the law enforcement ecosystem.

End User License Agreement (EULA): (https://www.apple.com/legal/internet-services/itunes/dev/stdeula/)

Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.

a. Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).

b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

c. Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms. 

d. External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you. 

e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

h. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

i. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:

If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.

Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.

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Access and Acceptance of Terms:

By visiting or accessing www.beyondhired.com/corret or any of its related applications, dashboards, materials, or platforms (individually and collectively, the “App”), or by using (either for yourself or on behalf of a client) any services (“Services”) or purchasing any products (“Products”) from Correct, you are agreeing to the following terms and conditions (the “Terms” or “Agreement”). These Terms are intended to explain our obligations as a service provider and your obligations as a customer; please read them carefully. For purposes of these Terms, “you” means you and the entity you represent and also refers to any person who accesses the App, uses the Services, or purchases any of the Products by any method on your behalf. These Terms are binding on any use of the Services and apply to you from the time that Correct provides you with access to the Services. 

BY CLICKING “I AGREE” ON OUR MOBILE APP OR WEBPAGE, RECEIVING A PURCHASE ORDER OR SIMILAR ORDER FORM CONTAINING AN ATTACHMENT WITH THESE TERMS OR A LINK TO THESE TERMS AT https://beyondhire.com/terms-conditions/, OR USING THE SERVICES AS A PAID OR PILOT SUBSCRIBER, YOU AGREE TO THESE TERMS. IF AN INDIVIDUAL IS ENTERING INTO THESE TERMS ON BEHALF OF AN ORGANIZATION, SUCH ORGANIZATION SHALL BE DEEMED THE CUSTOMER (“CUSTOMER”) HEREUNDER AND SUCH INDIVIDUAL HEREBY REPRESENTS AND WARRANTS THAT HE HAS THE POWER AND AUTHORITY REQUIRED TO BIND SUCH ORGANIZED TO THESE TERMS.YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE, AND THAT, IF YOU ARE ACCESSING THE App ON BEHALF OF AN ENTITY, COMPANY OR OTHER ORGANIZATION, YOU ARE AUTHORIZED TO ACT ON BEHALF OF SUCH ENTITY, COMPANY OR OTHER ORGANIZATION AND TO BIND IT TO THE TERMS SET FORTH HEREIN. 

1. Privacy Policy. It is critical that you review and understand our Privacy Policy which governs how we use the information you provide. The Privacy Policy is a part of the Terms, and it is binding on both parties.

2. Changes to Terms and Privacy Policy. Correct reserves the right to change the Terms and Privacy Policy from time to time, effective upon the posting of modified terms or policies on our App. We encourage you to visit the App to review these Terms and the Privacy Policy periodically to ensure you understand them. It is your obligation to ensure that you have read, understood and agree to the most recent terms available on the App.

3. Subscriptions and Promotional Offers. This section provides terms related to the Services that are only available with a paid subscription (“Correct Basic, Premium, & Elite”).Recurring Subscriptions. If you purchase a recurring subscription to use Correct Basic, Premium, & Elite (“Recurring Subscriptions”), the subscription will be continuous for the subscription period you select and will automatically renew for another subscription period until canceled. You authorize Correct to automatically charge your designated payment method at the beginning of each subscription period for the then-current price of your Recurring Subscription, along with any applicable taxes and fees specified, unless canceled. If we are not able to charge your payment method for your Recurring Subscription, you remain responsible for any uncollected amounts.

Correct Basic Plan - Subscription Price: $25 per month, Renewal Length: Monthly (Every 30 days)

• Journaling
• Self Care Practices
• Assessments
• Wellness Expert Sessions
• No Access to Wellness Expert Sessions

Correct Premium Plan - Subscription Price: $150 per month, Renewal Length: Monthly (Every 30 days)

• Everything in the Basic Plan, plus
• 1 Wellness Expert Session Call a Month

Correct Elite Plan - Subscription Price: $180 per month, Renewal Length: Monthly (Every 30 days)

• Everything in the Basic Plan, plus
• 2 Wellness Expert Session Call a Month

Cancellation. You must cancel your Recurring Subscription at least 24 hours before the end of your current subscription period to avoid being charged for the next subscription period. If you purchased your Recurring Subscription through a third-party, like an app store, you must cancel the renewal directly with that third-party. Only the primary account holder of a family plan may cancel a family plan subscription. View our support page or contact us by email at consult@beyondhired.com if you need assistance with canceling a Recurring Subscription. If you cancel, you are not entitled to a refund for the fees you already paid, but, subject to these Terms, you will continue to receive access to Correct Basic, Premium, and Elite until the end of your current subscription period.
Changes. We may make changes to your Recurring Subscription, including price changes. We will communicate material changes to your Recurring Subscription, including any changes to the price, in advance to the email address associated with your account. If you do not agree to those changes, you can cancel your subscription as described in section 3(c).Promotional Offers Converting to Recurring Subscriptions. You may be offered a promotional offer in connection with a Recurring Subscription, such as a trial period or initial discount (each a “Promotional Offer”). Additional terms specific to each Promotional Offer we offer will be as described in the particular offer (“Offer Terms”). You must meet all eligibility requirements stated in these Terms and the Offer Terms to enroll in a Promotional Offer. Unless stated otherwise in the Offer Terms, Promotional Offers are only for new customers who have not previously subscribed to Correct Basic, Premium, Elite or enrolled in a Promotional Offer. If the Offer Terms state that an offer is available only to past subscribers, you must have been a subscriber to Correct Basic, Premium, Elite and allowed your subscription to expire before the date stated in the Offer Terms. Correct reserves the right, in its discretion, to determine your Promotional Offer eligibility, and to modify or cancel a Promotional Offer at any time. Promotional Offers may only be claimed through Correct.com by any advertised expiration date.You must provide a valid payment method accepted by us to enroll in a Promotional Offer unless otherwise stated in the Offer Terms. Once your promotional period ends, you authorize Correct to begin billing your designated payment method on a recurring basis at the then-current price for the relevant subscription plus any applicable taxes unless it is canceled in accordance with section 3(c) at least 24 hours prior to the end of the promotional period.Correct Business Subscription. We may also offer you the ability to access Correct Basic, Premium, Elite through a Correct Business subscription, which may be provided as part of an agreement between Correct and your employer, health plan, or another entity. To receive access to Correct Basic, Premium, Elite through a Correct Business subscription, you must follow the instructions provided by your organization pursuant to the terms of its agreement with Correct. Your ability to access and use Correct Basic, Premium, Elite through a Correct Business subscription may be subject to additional terms between you and your organization. Once your eligibility under the Correct Business subscription expires, your right to use Correct Basic, Premium, Elite as part of that subscription will automatically terminate.

4. Sign-Up documents. You may sign up for any Services or Products either in person, online or over the phone, and any record evidencing such sign-up shall be considered a sign-up document (“Sign-Up Document”). When you sign up, either in writing or verbally, you agree to these Terms. If there is any conflict between your Sign-Up Document and these Terms, the terms contained in the Sign-Up Document shall govern.

5. Communications. When you visit the App or send e-mail to us, you are communicating with us electronically, and you consent to also receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

6. Received Materials. Any reviews, comments, materials, or letters sent by you to Correct, including, without limitation, questions, comments, suggestions, or criticisms (“Received Materials”), will be deemed by Correct to be non-confidential and free of any claims of intellectual property or other personal rights. We shall have no obligation of any kind with respect to such Received Materials, and we will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from and/or distribute the Received Materials without limitation or restriction. Furthermore, Correct is free to use or sell any ideas, concepts, know-how, or techniques contained in any communication you send to us for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information or ideas (including in connection with the sale, acquisition, or merger of Correct or of all or substantially all of Correct’s assets) without compensation or any other obligations to anyone, including you.

7. Uploaded Materials. In the course of your use of the App, you or your affiliates may upload payers, contacts, fee schedules, contract terms, documents, spreadsheets, reimbursement rates, and price books or other materials (“Uploaded Materials” or “Data”). By providing the Uploaded Materials or allowing them to be provided, you agree that we may use the Uploaded Materials for the purposes of this Agreement and for our own business purposes. Correct shall have no obligation to compensate you for the use of the Uploaded Materials or derivative works created from the Uploaded Materials or data included in the Uploaded Materials.

8. Your Account Data: You are responsible for maintaining the confidentiality of any account information, including your login and password, and for restricting access to your computer and the Products, and you agree to accept responsibility for all activities that occur under your account or password, including any photos or information posted by your clients or patients. Correct reserves the right (but does not accept any obligation) to refuse service, terminate accounts, or remove or edit content in its sole discretion. You are also solely responsible for the accuracy and currency of the data entered into the Services, including, without limitation, via the Received Materials or Uploaded Materials or under your user account. You must maintain copies of all Data inputted into the Services. Correct adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of Data. Correct expressly excludes liability for any loss of Data no matter how caused. If you enable third-party applications for use in conjunction with the Services, you acknowledge that Correct may allow the providers of those third-party applications to access your Data as required for the interoperation of such third-party applications with the Services. Correct shall not be responsible for any disclosure, modification or deletion of your Data resulting from any such access by third-party application providers. You own all right, title and interest in all Data and have the right to disclose it to Correct. You represent, warrant, and covenant that you have obtained all consents necessary for using and processing the Data in accordance with these Terms. Except as provided herein, all such Data are deemed “Confidential Information” and will not be utilized by Correct for any purposes other than as allowed herein.Specifically, you hereby grant to Correct a non-exclusive, worldwide, royalty-free, fully paid up, sublicensable (directly and indirectly), transferable, perpetual and irrevocable license to (a) anonymize and/or aggregate the Data and use such anonymized and/or aggregated data (“Correct Usage Data”) for our business purposes, including but not limited to deriving statistical, usage data, and other data related to the functionality of the Services, improving the Services, developing and making available other products and services, and sharing such data with our affiliates and business partners, and (b) combine or incorporate such Correct Usage Data with or into other data and information available, derived or obtained from other licensees, users, and/or any other sources (when so combined or incorporated, such data is referred to as “Correct Combined Data”). We shall own all right, title and interest in Correct Usage Data and Correct Combined Data. For the avoidance of doubt, Correct Usage Data and Correct Combined Data shall not be considered Confidential Information.

9. Warranty. By providing any Received Materials or Uploaded Materials, the individual posting the information warrants and represents (personally and on behalf of any entity or other organization that he she or they represents) that he or she has sole ownership of such Received Materials or Uploaded Materials and that they are free of any intellectual property claims by any third party. He or she also represents that he or she is in full compliance with all applicable state and federal laws, rules, and regulations. In particular, and without limitation, you warrant and represent that your use of the Services and App will not violate any obligation with respect to the Telephone Consumer Protection Act of 1991, the Health Insurance Portability and Accountability Act of 1996, the Gramm-Leach-Bliley Act of 1999, and any other applicable federal or state law and amendments there to.

10. Waiver of Restrictions. Various state and federal laws may restrict the use of personal information similar to the information you provide on the App. By providing information, the use and collection of which may be restricted by law, you waive any protections or restrictions related to such information.

11. Use by Children Under 13. The Child Online Privacy Protection Act (“COPPA”) restricts App operators from collecting or using any personal information from individuals under the age of 13. In order to exceed the compliance requirements of COPPA, we do not target children under 18, nor do we knowingly collect any information from children under 18 or allow plug-ins or other services to collect such information without express written consent from their parents or guardians. We also prohibit children under 18 from posting any information on the App without written parental consent. By using any of the Services or posting any information about yourself, you warrant that you are at least 18 years old. In addition, you may not post any photos or other information about any individual who is under 18 without obtaining written parental consent. If you become aware of any materials posted by a child under age 18, please notify us immediately.

12. Claims of Copyright Infringement. We comply with the “safe harbor” provisions of the Digital Millennium Copyright Act of 1998. If you see any materials on the App that you believe violate any copyright rights, including yours, please send an e-mail describing the violation you believe exists to the copyright agent at consult@beyondhired.com. If we become aware of any such items on the App, we will promptly take action to ensure we are in full compliance with all privacy and copyright laws.

13. License and Restrictions. Subject to the provisions of this Agreement, including any payment obligations, Correct grants you a limited, non-exclusive, non-transferable right to access the App and to use the Services. Correct retains all intellectual property rights to its intellectual property and the Received Materials and Uploaded Materials. The App, Services, and Products involve information, methods and processes that contain valuable proprietary information and trade secrets of Correct, embodying substantial creative efforts and Confidential Information, ideas, and expressions. You agree that you will not attempt to scrape or collect information from, to modify, translate, disassemble, create derivative works based on, reverse-assemble, reverse-compile or otherwise reverse-engineer the App, the Services, the Products or any information obtained therefrom, in whole or in part, or to otherwise use, copy, reproduce or distribute any such information, either directly or indirectly. The provisions of this section shall survive the term of your Services.

14. DISCLAIMER OF LIABILITY AND WARRANTY. YOU ACCESS AND USE THE APP, THE SERVICES, PRODUCTS, AND INFORMATION ON THE APP AT YOUR OWN RISK. THEY ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CORRECT DOES NOT WARRANT OR GUARANTEE THE AVAILABILITY, ACCURACY, OR TRUTHFULNESS OF THE APP, THE SERVICES, THE PRODUCTS, OR ANY INFORMATION PROVIDED BY OR WITH RESPECT TO THE SERVICES, INCLUDING ANY INFORMATION RELATED ON THE APP. WITHOUT LIMITING THE FOREGOING, CORRECT DOES NOT WARRANT THAT ALL ERRORS CAN BE CORRECTED, OR THAT THE OPERATION OF THE APP AND/OR SERVICES OR PRODUCTS SHALL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES LIMIT THE APPLICABILITY OF SUCH LIMITATIONS AND DISCLAIMERS. IN THOSE STATES, THE LIMITATIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT ALLOWED BY LAW.

15. LIMITATION ON LIABILITY. IN NO EVENT WILL CORRECT, ITS SHAREHOLDERS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY LOST PROFITS, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, AS WELL AS ANY DAMAGES ARISING OUT OF ANY ACCIDENT THAT OCCURS IN RELIANCE UPON THE INFORMATION PROVIDED BY THE App, OR OUT OF THIS AGREEMENT OR THE USE OF OR RELIANCE UPON THE SERVICES OR PRODUCTS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL CORRECT’S TOTAL LIABILITY OF ANY KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT AND USE OF THE SERVICES AND PRODUCTS (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNT OF $500.00. THE PARTIES AGREE THAT THIS SECTION SHALL SURVIVE AND CONTINUE IN FULL FORCE AND EFFECT DESPITE ANY FAILURE OF CONSIDERATION OR OF AN EXCLUSIVE REMEDY. THE PARTIES ACKNOWLEDGE THAT THE SERVICES CAN BE MADE AVAILABLE FOR FREE OR AT REDUCED PRICES, ONLY BECAUSE OF CORRECT’S RELIANCE UPON THESE LIMITATIONS OF LIABILITY AND THAT ALL SUCH LIMITATIONS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. SOME STATES LIMIT THE APPLICABILITY OF SUCH LIMITATIONS AND DISCLAIMERS. IN THOSE STATES, THE LIMITATIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT ALLOWED BY LAW.

16. Indemnity and hold harmless. You agree to defend, indemnify, and hold harmless Correct from and against any losses, claims, judgments, damages, and settlements, including but not limited to third-party claims, which arise out of or are related in any way to (1) your use of or reliance upon the App, the Services, Products, or reviews or other information provided by Correct, to plan or carry out any activity, including but not limited to choosing an insurance payer or other professional, (2) a claim that the Received Materials or Uploaded Materials that you provide infringe upon any intellectual property or privacy rights of any third party, (3) any claim of a governmental entity or other party that you have violated any law, rule, or regulation, and (4) any breach by you of the obligations, representations, and warranties made by you in any agreement related to these Terms.

17. Outside Links and Services. Correct may use or access tools or programs provided by third parties as part of the Services. You agree to hold harmless Correct from and against any claim based on the inaccuracy or other fault of such third-party services.

18. Governing Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without reference to the United Nations Convention on the International Sales of Goods. The Parties hereby submit to the exclusive personal jurisdiction of the state and federal courts located in Atlanta, Georgia.

19. Attorneys’ Fees. In case of an action to enforce any rights or conditions of the Terms, or appeal from said proceeding, it is mutually agreed that every party bears its own attorneys’ fees and costs incurred.

20. Entire Agreement, Amendment. The Terms are a binding contract and constitute the entire agreement and understanding of the parties, whether verbal or written, relating to the subject matter hereof; are intended as the parties’ final expression and complete and exclusive statement of the terms hereof, superseding all prior or contemporaneous agreements, representations, communications, and understandings, whether written or verbal; and may be amended or modified only by an instrument in writing signed by both parties, such as an Order Form between the parties or associated addenda.

21. Non-Waiver. No waiver of any provision of the Terms shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. Failure to enforce any provision of the Terms shall not operate as a waiver of such provision or any other provision or of the right to enforce such provision or any other provision.

22. No Third-Party Beneficiaries. Nothing in the Terms, express or implied, is intended to confer on any person, other than the parties to the Terms, any right or remedy of any nature whatsoever.

23. Headings. The headings used in the Terms are for ease of reference only. They are not intended as a complete re-statement of the matters contained under each heading, and you acknowledge that you have read and understand all the text of this Agreement, and not just the headings.

24. Content of Uploaded Material: You warrant and represent that you will not upload or post any material that is violent, unduly graphic, pornographic, racist, or offensive, or that violates the intellectual property rights of any third party. If Correct learns of materials that it believes in its sole discretion violate this requirement, it may delete such information and, in certain cases, terminate your access to the App, Services, and Products.

25. Independent Contractor: It is the express intention of the parties that the parties act as independent contractors. Without limiting the generality of the foregoing, neither party is authorized to bind the other party to any liability or obligation or to represent that such party has any authority.

26. Severability, Binding Effect. If any provision of the Terms shall be invalid or unenforceable in any respect for any reason, the validity and enforceability of any such provision in any other respect and of the remaining provisions of the terms shall not be impaired. The Terms shall be binding on and inure to the benefit of the parties and their heirs, personal representatives, successors, and assigns.

27. Force Majeure. Correct will not be liable for, or be considered to be in breach of or default under the Terms on account of, any delay or failure to perform as required by the Terms as a result of any cause or condition beyond Correct’s reasonable control.

28. Linking Policy. If you link to this App, we require that you follow these guidelines. You may link only to the home page, and the link must be in plain text, unless otherwise approved in writing by an authorized representative of Correct. The link to this App must not damage, dilute or tarnish the goodwill associated with any Correct names and/or intellectual property, nor may the link create the false appearance that your App and/or organization is sponsored, endorsed by, affiliated and/or associated with Correct. You may not “frame” this App or alter its intellectual property or material in any other way. You may not link to the App for purposes of harming the App’s ranking in search engines. You agree that if Correct requests that you remove a link to the App for any reason, you will do so immediately without charge to Correct. If you fail to remove any such link after request, you agree to pay Correct’s costs incurred in enforcing this provision.

29. Help Desk. In the case of technical problems you must make all reasonable efforts to investigate and diagnose problems before contacting Correct. If You still need technical help, please check the support provided online by Correct on the App or email us at consult@beyondhired.com. While Correct intends that the Services should be available 24 hours a day, seven days a week, on occasions the Services or App may be unavailable to permit maintenance or other development activity to take place. If for any reason Correct has to interrupt the Services for longer periods than Correct would normally expect, Correct will use reasonable endeavors to publish in advance details of such activity on the App.

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