Thank you for visiting People Capital´s website. Please read the following terms of use carefully before using this website. By using this website (also referred to as "site"), in any way, you will be legally bound by all of its terms and conditions outlined below, and other agreements which you may agree to be bound during your use. If you do not wish to be legally bound by these terms and conditions, please exit the website now.

Contacting People Capital

All questions or concerns regarding this agreement should be addressed to legal@people2capital.com or by regular mail at 274 Madison Avenue, 14th Floor, Suite 1400, New York, NY 10016 Attention: Legal Department.

Consent to Terms of Use

This website is owned and operated by People Capital. This agreement between you and People Capital describe the terms and conditions for your use of this website. The website being provided to you is explicitly subject to this Agreement. Your access, browsing, and/or any other use of the site, serves as your acknowledgement and signification that you have read, understand and agree to be bound by all of the terms outlined in this agreement and to comply with any other applicable regulations, policies, or laws. Your use and our allowing your access to the website form the basis of the bargain and consideration between you and People Capital

This website is intended for members who are 18 years of age or older. By accessing this website you represent and warrant that you are 18 years of age or older and agree to comply with all of its terms and conditions. Any registration, use or other participation by anyone under the age of 18 is in direct violation of these terms and will be deemed unauthorized by People Capital

People Capital reserves the right to amend this agreement at any time and shall notify you of any changes by posting a revised version on the website. We recommend that you check this website from time to time to see if any changes to the agreement have occurred. Any and all changes that are posted will become effective immediately and your continued use of the website, after changes have been posted, shall be deemed as your agreement to be bound by any such changes. People Capital may suspend, change, remove, or terminate access to all or any part of this website without notice and/or liability.

Accurate Personal Data and Password Protection

You agree to provide People Capital with accurate, current and complete information about your identity, and other information required by us to carry out your requested participation on the website. If you provide fraudulent information, People Capital shall seek full criminal, and if applicable, civil prosecution, as well as any other remedies that may be available by local, state, and federal laws and regulations.

You also agree that you will not disclose your password to access the website to any person other than persons you intend to have full authority and power to act on your behalf with regard to all of your Financial Services and accounts with People Capital and/or its service providers. You understand and agree that People Capital relies on the use of your password to confirm your permission to access your account and is therefore authorized to act upon instructions and information received from any person that enters your user id and Password. As such, you agree to be fully responsible for all use and any actions that may take place during the use of your account. In addition, you agree to promptly notify People Capital if any information you have provided to us has changed.

Website Content and Limitation of Use

All of the website content, including but not limited to, text, graphics, design elements, downloaded files and documents, information, videos, music, software, other files, and their selection and arrangement are the proprietary property of People Capital, its members, or any licensors with all rights reserved. You may not modify, edit, copy, distribute, frame, republish, download, display, post, sell, transmit, reproduce any of the website content, in whole or in part, without the prior written consent of People Capital, with the exception of member content that is posted directly by you. People Capital grants you a limited license to access and use the website and to download or print any portion of the website exclusively for your personal use, provided that you keep all copyrights, trademark, patent, or other proprietary notices affixed. However, except for your own member content posted directly by you, you may not publish, republish, reproduce, or otherwise post website content on any internet, intranet or extranet website or use this information in conjunction with compilations, databases, or for any other use. Your license does not include any permission to use robots, data mining, gathering, scraping, or any other activity designed to extract or collect information.

User Representations

You agree that you will not use this site in any manner which may disable, damage, impair, overload, or overburden it or use it in any other illegal or unlawful manner. You also agree to not collect emails or other personal contact information and use this website or any of its services for the purposes of sending unsolicited communications, including but not limited to emails. In addition, you agree to not use any scraping techniques, robots, other software or processes, whether electronic or manual, to collect information from this website or for any other purposes.

You further agree that any and all materials and/or information or communication you submit, transmit, upload, or otherwise convey through your account or otherwise on the website is true and correct and that it will not violate, infringe, impair, or damage the proprietary or privacy rights (including but not limited to copyright, contract, patent, libel, publicity, defamation, or any other illegal or unlawful activities that result in violation or infringement of rights) of any third persons or entities. You will not use the site or any service to register more than one User account, register on someone else´s behalf, or register as a User on behalf of any group or entity without the express consent of People Capital.

You will not provide false or misleading information, misrepresentations about your age or other affiliations or personal data or impersonate other persons. You will not post submit, share or otherwise make any personal or private information of any third party publicly available on the website, including but not limited to information regarding name, address, email, Social Security numbers, credit card or banking information. You will not create false identity or use or attempt to use or access any other User´s account without express authorization from People Capital. You will not post, submit, share, store or otherwise make available any content or other tools or materials that would encourage, educate, or constitute a criminal offense, a violations of rights of any persons, or that would create a liability or violate any local, state, national, or international law or any other additional agreements entered into with People Capital.

You will not post, submit, share or upload or make otherwise available any unauthorized advertising, junk mails, spam, chain letters, pyramid schemes, solicitations, promotional materials or any other form of solicitation. You will not use this website to harass, intimate or otherwise threaten anyone. You will not post, submit, upload or make available any software or other materials that contain viruses, or any computer code, programs, files or other mediums designed to limit functions, destroy, or interrupt any software, hardware or telecommunications equipment. You will not post, submit, share, store or otherwise make any content or materials available that, in the sole discretion of People Capital, is objectionable, malicious, or in any way interrupts or impacts other persons from the use and enjoyment of the website or may harm or create a liability of any type for People Capital.

User Content

During your use of the website you may be eligible to review other personal information, including credit report data, posted by other users of the website. You agree that any and all such information will be kept confidential and you are not authorized to disclose, download, store, transmit, or otherwise display or communicate or keep in any medium for any purpose any of the this data. The sole purpose of your access to it is for you to determine the creditworthiness of other website users.

By posting your content on any part of the website, you are automatically granting, and represent and warrant that you have full right to do to so, the irrevocable, non-exclusive, fully paid, transferable, worldwide license to use, perform, display, reformat, excerpt in full or in part and distribute your content for any purposes or in connection with the website, including but not limited to the promotion of the website, the preparation of derivative works or incorporation of content into other works, as well as the right to sublicense any such user content. If you choose to remove your content, the above license granted shall expire immediately at that time.

It is your sole responsibility to follow all rules and regulations and agreements concerning your use of the website concerning the uploading, publishing, displaying of photos, messages, texts of any kind, notes, information, music, video, advertising messages, etc. It is against website policies, agreements, and Terms of Use to contact any users directly or indirectly and enter into any type of lending agreements or transactions outside of the People Capital websites. You understand and agree that People Capital may, at its sole discretion and without prior notice, delete or remove any user content in the event it is considered to violate this agreement or any other agreements with People Capital or any other content which might be illegal, offensive, encroach on the rights of user users, damage, harm or any way compromise the safety of other users or other parties.

Claims of Copyright Infringement

We have adopted and implemented a policy that provides for the termination, in appropriate circumstances as determined by us in our sole discretion, of users who are infringers of copyright.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider's Designated Agent.

Notification must be submitted to the following Designated Agent: Service Provider: People Capital

Name of Agent Designated to Receive Notification of Claimed Infringement: Al Alper

Full Address of Designated Agent to Which Notification Should be Sent: Attention: Copyright Complaint 274 Madison Avenue 14th Floor, Suite 1400 New York, NY 10016 Telephone Number of Designated Agent: 1 (212) 401-1216

Facsimile Number of Designated Agent: (917) 591-6762

E-Mail Address of Designated Agent: legal@people2capital.com

To be effective, the notification must be a written communication that includes the following:

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We may give you notice that we have removed or disabled access to certain material by means of a general notice on the website, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

• Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which People Capital may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person;
• Your physical or electronic signature;
• Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; and
• A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.

Patents

Technologies, processes, flows, and other schema embodied in and used by this website are covered by one or more People Capital U.S. patents and by other patents that are pending.

Trademarks

Human Capital Score and People Capital are pending registered trademarks of People Capital. Other company, product, and service names and logos used and displayed on the website may either be the registered or pending registered trademarks or service marks owned by People Capital or other third parties. People Capital does not grant, directly or by any indirect implications on the website, any license or right to use any of the People Capital trademarks displayed on this website without the express prior written consent of People Capital for each and every use or instance. You may not use, transmit, distribute, copy, display, change or reproduce any of the trademarks found on the website unless in compliance with written authorization by People Capital

In addition, People Capital prohibits the use of any of the People Capital trademarks as part of a link to or from any website unless the creation and ongoing maintenance of such a link is approved in writing by us prior to use and display. If you are not sure if a mark or logo is a trademark covered under this agreement, you may contact us by calling and requesting that someone from our legal department respond to your inquiry.

Links to Third Parties

You should be aware that when you are on the website, there are links to other sites that take you outside of our service to sites that are beyond our control. You acknowledge that when you click on any of the aforementioned links, the sites you are taken to are not controlled by us; different terms of use and privacy policies may apply, and we are not responsible for such sites. We do not endorse and cannot ensure that you will be satisfied with any products, services, or information that you purchase or receive from a third-party site that links to or from our website or third-party content contained on our sites, such as information or links also found on our blog posts. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties.

DISCLAIMERS

THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO PEOPLE CAPITAL WEBSITES OR ANY THIRD PARTY SITES OR SERVICES LINKED TO OR FROM ANY PEOPLE CAPITAL WEBSITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PEOPLE CAPITAL, INCLUDING BUT NOT LIMITED TO PEOPLE CAPITAL, ITS DIRECTORS, EMPLOYEES, PARTNERS, AFFILIATES, AND INDEPENDENT CONTRACTORS, ETC. (COLLECTIVELY KNOWN AS "WE," "PEOPLE CAPITAL," "HUMAN CAPITAL SCORE," "WEBSITE), DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, USEFULNESS, TIMLINESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT.

IN ADDITION, TO THE FULLEST EXTENT PERMISSABLE PURSUANT TO APPLICABLE LAW, PEOPLE CAPITAL DOES NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PEOPLE CAPITAL WEBSITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY WEBSITES.

PEOPLE CAPITAL MAY DISCONTINUE, REMOVE, DELETE OR MAKE CHANGES IN THE CONTENT AND SITE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND PEOPLE CAPITAL WILL NOT BE LIABLE OR TAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. PEOPLE CAPITAL RESERVES THE RIGHT TO TERMINATE ANY OR ALL WEBSITE SERVICES, PRODUCTS OR OTHER OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO YOU OR OTHER THIRD PARTIES. THIS WEBSITE COULD CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU AGREE THAT YOU USE THIS WEBSITE AT YOUR OWN RISK.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL PEOPLE CAPITAL BE LIABLE FOR ANY DAMAGES INCLUDING, BUT NOT LIMITED TO DIRECT, SPECIFIC, GENERAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, LOST PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES NOW KNOWN OR KNOWN IN THE FUTURE RELATED TO ANY KIND WHETHER IN AN ACTION IN NEGLIGENCE, CONTRACT, ANY OTHER LEGAL THEORY OR ARISING OR RELATING IN ANY WAY TO THE USE OR INABILITY TO USE BY ANY PARTY OF THE CONTENT, THE WEBSITE OR ANY THIRD-PARTY WEBSITES TO WHICH THIS SITE IS LINKED, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF PEOPLE CAPITAL , OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.

PEOPLE CAPITAL IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THE SITE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT PEOPLE CAPITAL’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE FULLEST EXTENT APPLICABLE BY LAW.

Indemnification

You hereby agree to indemnify, defend, and hold People Capital Parties harmless from and against any and all losses, damages, liabilities and costs (including, but not limited to settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the People Capital Parties in connection with any claim arising out of any breach by you of these terms of use or claims (including third party claims) arising from your use of the People Capital websites, third party websites and/or your use and user account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Jurisdiction and Venue

You agree that any action at law or in equity arising out of or relating to these terms of use or the People Capital websites shall be filed, and that venue properly lies, only in state or federal courts located in New York State, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. We make no representation that Content on any People Capital website is appropriate or available for use in any particular location. Those who choose to access People Capital´s websites do so on their own initiative and are responsible for compliance with all applicable local, state, federal or international laws.

Additional Terms and Conditions

This agreement shall be subject to any other "additional agreements" you have entered into on the People Capital website or by your use of the website. If you use this website and enter into "additional agreements" with People Capital, and any such sections or portions of those additional agreements are in conflict with these terms of use, the "additional agreements" shall govern over these terms of use regarding those sections or portions in conflict.

General Provisions

These terms of use shall be governed by and construed in accordance with the laws of the State of New York and the laws of the United States, without giving effect to any principles of conflicts of law. If any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these terms of use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision. In these terms of use, the word "including" is used illustratively, as if followed by the words "but not limited to." YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY PEOPLE CAPITAL WEBSITE OR COMPANY MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

Last Updated on:

November 6,2009