TERMS

This is Iridium Helps! We've developed this platform to connect our HR and business consultants with individual professionals to help them work through all types of workplace issues in direct, private, off-the-record interactions. Below, you'll find the rules and restrictions (these "Terms") that govern access and use of our website, www.iridiumconsultingcompany.com (the "Site") and its related domains, products, services, content, and applications made available by us from time to time which we refer to collectively as the "Services".

Below is a set of Terms that constitutes a binding agreement between us, Iridium Staffing, LLC d.b.a. Iridium Consulting Company ("we" or "our") and yourself ("you" or "your"). It is your responsibility to read through these terms. If you aren't in agreement with all of the Terms, you may not use our services. You acknowledge and agree to be bound by the Terms and to the collection and use of your information as outlined in the Privacy Policy by accessing or using the Services. 

As we evolve, we may change these Terms from time to time. We will make our best efforts to keep you informed of any significant changes to these Terms through email, pop-up, or other reasonable means and you can always visit this page to see the "Effective Date" for your reference. Continued use of the Services after changes to the Terms means that you agree to be bound by the modified Terms as presented. If you're not in agreement with any of the Terms, use of the Services will no longer be available or allowed.

The privacy of you and everyone we work with is very important to us. We provide more additional detail about the personal information we collect from you, how we use it, and how it may be disclosed in the course of providing the Services in our Privacy Policy here. Please read it so you understand.

We require that you be at least 18 years of age to utilize the Services. If you are not over 18, you may not use the Services.

We only provide the Services for individuals in jurisdictions in which the services may be sold legally. There is nothing in the Services that can be considered a solicitation to buy or an offer to sell anything to any individual in any jurisdiction where such offer, solicitation, purchase, or sale would be unlawful.

We can't assist individuals if we can't communicate. You may receive phone calls, emails, SMS text messages, or video messages from us, including our consultants that may provide Services directly to you ("Consultants") as part of the Services. You agree to receive such communications from us and our Consultants by signing up for the Services and providing us with your email address and phone number. You acknowledge that these communications may be monitored and/or recorded for quality assurance and/or training purposes. In using the Services, you expressly consent to being monitored and/or recorded. Except in limited instances outline in our Privacy Policy, we will not share communications or recordings thereof with your employer or any other third party. 

Email preferences may be managed by clicking the unsubscribe link at the bottom of any marketing email. If you would prefer we stop communicating via phone or text message, please email us at info@iridiumconsultingcompany.com.

Any usage charges, fees, or costs incurred in accordance with your wireless or data service plan when using the Internet to access the Services and in connection with any emails, texts, or calls received as part of the Services are your sole responsibility. To determine what rates, charges, fees, or costs may apply or result from your use of the Services, consult with your wireless carrier. 

All materials showcased or provided by us on the Services, including, but not limited to text, graphics, data, articles, photographs, video, images, illustrations (collectively, the "Iridium Content") are owned by us and safeguarded by intellectual property laws. You agree to adhere to all copyright notices, trademark regulations, information, and restrictions contained in any Iridium Content accessed through the Services, and will not use, copy, modify, publish, distribute, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Iridium Content except as explicitly permitted below.

We grant you a non-exclusive, limited, non-transferable, revocable license to use the Services and the Iridium Content for your own personal, non-commercial (meaning, you may not leverage the Services as a separate business) use and only in accordance with these Terms and all laws that apply to you.

While using the Services, you may provide us or our Consultants with information about yourself and your employment. Anything you share or provide to us or a Consultant (including the messages and communications mentioned earlier) will remain under your ownership. You grant us a nonexclusive, worldwide, royalty-free right and license to access, view, edit, and use your information to deliver the Services to you. We will treat this information as strictly confidential and will not disclose it to your employers or any third party, except in the limited cases explicitly described in our Privacy Policy. For additional information on how we use, protect, and disclose your personal information, please see our Privacy Policy.

If you share any information publicly (e.g., if you post a comment on our blog or message us on Instagram, Twitter, LinkedIn, or Facebook), you will still own this information, but it may be viewed or accessed by anyone who visits our Site and will not be considered confidential. You grant us a universal, perpetual, sublicensable, commercial, and non-commercial, irrevocable license to use this information and content in any manner.

Ensure that you only share information and content that you own (either privately or publicly). You are solely responsible for all information and content that you upload, post, email, transmit, or otherwise provide in connection with the Services, and you guarantee that you have all necessary rights to provide such information and content to us and to grant us the rights to use such information as described above.

Please note that reporting an issue to us does not equate to reporting an issue to your employer. If you choose to take legal action against your employer, you may do so at your discretion, but you cannot use communications from us in your legal proceedings unless mandated by a valid court order, any other legal order, or a criminal or civil subpoena.

If you would like us to assist you in escalating an issue or mediating with your employer directly, we may do so only with your explicit prior written consent and following the manner and method agreed upon between you and us.

You may only use the Services as explicitly authorized, in compliance with all applicable laws, rules, and regulations in the United States or any other jurisdiction where you use the Services, and in accordance with any policies we may provide to you or post on the Site. You are also responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, or use the Services, including, without limitation, modems, hardware, software, and long-distance or local telephone service. You are responsible for ensuring the compatibility of such equipment or ancillary services with the Services.

You agree not to contribute any content or use (or encourage anyone else to use) the Services in a manner that: (1) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (2) violates any law, statute, ordinance, or regulation in the United States or any other jurisdiction where you use the Services; (3) is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, or libelous; (4) compromises the security of any computer network or cracks any passwords or security encryption codes; (5) runs "spam" on the Services or otherwise interferes with the Services (including placing an unreasonable load on the Services' infrastructure); (6) scrapes any portion of the Services or the Iridium Content; or (7) decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information relating to the Services.

We take safety very seriously. We reserve the right, but have no obligation, to investigate your use of the Services to determine whether a violation of these Terms has occurred. We reserve the right to remove any inappropriate content or terminate the Services if you fail to comply with these Terms or for any other reason determined by us in our reasonable discretion.

We take copyright infringement very seriously, and we have registered a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act.

If you believe that your copyright has been infringed, please send us a message containing: (1) your name; (2) the name of the party whose copyright has been infringed, if different from your name; (3) the name and description of the work being infringed; (4) the location on our website of the infringing copy; (5) a statement that you have a good faith belief that the use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law; and (6) a statement that you affirm the information in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.

You must sign this notification and send it to our Copyright Agent at info@iridiumconsultingcompany.com. An electronic signature in your email notification is acceptable.

While no similar provisions exist under U.S. law for trademark infringement, we recommend that you submit comparable information to us about any alleged trademark infringement so that we can take appropriate action.

While utilizing our Services, you may have the opportunity to access or use third-party services that are not part of our Services. When you access such third-party services, you do so at your own risk. We encourage you to exercise caution when leaving the Services and to review the terms and conditions and privacy policies of each third-party service you visit or use. We are not responsible for those services or any issues that may arise from your use of them.

At Iridium, we aim to assist if there are issues, but we do not make any representations, warranties, or guarantees regarding the completeness, reliability, accuracy, quality, or availability of the Services or any information or guidance provided in connection with the Services. We expressly disclaim all warranties, express or implied, including but not limited to, warranties of merchantability, non-infringement, and fitness for a particular purpose.

Please remember that you are solely responsible for your use of the Services. You agree to indemnify and hold us, our parents, subsidiaries, affiliates, shareholders, officers, directors, employees, contractors, consultants, agents, and third-party partners harmless (including, without limitation, from all damages (actual and consequential), losses, liabilities, settlements, costs, and attorney fees) from any claim or demand made by any third party due to or arising out of your use of the Services, including any acts or omissions you may take in reliance on the Services or your violation of these Terms.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR DAMAGES ARISING FROM OUR WILLFUL MISCONDUCT, GROSS NEGLIGENCE, OR FRAUD (A) IN NO EVENT WILL WE OR OUR OFFICERS, DIRECTORS, PROS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, OR SERVICE PROVIDERS BE LIABLE TO YOU WITH RESPECT TO THE SERVICES OR THE SUBJECT MATTER OF THESE TERMS FOR ANY LOST PROFITS, INCOME OR REVENUE, LOST BUSINESS, LOSS OF EMPLOYMENT, LOSS OF GOODWILL, OR FOR ANY CONSEQUENTIAL, PUNITIVE, INCIDENTAL, SPECIAL, OR INDIRECT DAMAGES OF ANY KIND, WHETHER ARISING IN CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY, AND REGARDLESS OF WHETHER SUCH PARTY HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) OUR AGGREGATE LIABILITY FOR ANY DAMAGES CLAIM RELATING TO THIS AGREEMENT OR THE SERVICES SHALL NOT EXCEED $1,000.

THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY ARE MADE TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

We reserve the right to change, suspend, discontinue, cancel, or terminate any part of the Services at any time at our sole discretion. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.

In the event the Services are terminated, you will still be bound by your obligations under these Terms, including the warranties made by you, as well as the disclaimers and limitations of liability.

Please be aware that we are not responsible for storing any information or content that you provide to us or a Consultant, or for any content or information that we or a Consultant provide to you. You are solely responsible for maintaining backup files of any information and content that you provide or receive in connection with the Services.

Regardless of your location, these Terms shall be governed by, construed and enforced in accordance with the laws of the State of Colorado, without regard to principles of conflicts of law. At our sole discretion, we may require you to submit any disputes arising from the use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration. All disputes relating, directly or indirectly, to these Terms in any way, will be submitted exclusively to, and decided exclusively in, a confidential arbitration under the rules of Judicial Arbitration and Mediation Services, Inc. “JAMS” in Denver County, State of Colorado.

The arbitrability of this provision shall be solely determined by JAMS.  If any party seeks relief under these Terms in any venue other than through JAMS (including, but not limited to, federal or state court), the complaining party shall pay all of the costs, fees (including attorneys’ fees), and expenses of the responding party.  Each party shall pay its own proportionate share of arbitrator fees and expenses. The parties each waive the right to seek any consequential, indirect, incidental, and punitive damages and the arbitrator shall have no authority to award such damages.  The sole monetary remedy of each party in the event of any breach hereunder shall be a demand for arbitration seeking the recovery of monetary damages actually suffered.  The parties waive their right to a jury trial.  The parties further waive any right of appeal.  In the event that either party files any claim against any shareholder, employee, officer, director, member, manager, representative, principal, affiliate or agent of the other party, then the parties hereby agree that any such claims shall also be subject to this dispute resolution section. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed by the parties with respect to this Agreement and the transactions contemplated hereby. 

If we do not enforce any portion of these Terms, it does not imply that we relinquish the right to later enforce that or any other part of these Terms. For any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

If any portion of these Terms is found to be invalid, void, or unenforceable for any reason, that term will be considered severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not impact the validity and enforceability of the remaining terms.

You are not permitted to assign, transfer, or sublicense these Terms without first obtaining our approval. We may assign, transfer, or delegate any of our rights and obligations without seeking consent. These Terms do not establish any agency, partnership, joint venture, or employment relationship, and neither party possesses the authority to bind the other in any respect.

You and we agree that these Terms represent the complete and exclusive terms concerning the Services, superseding all prior written and oral agreements, communications, and understandings related to the subject matter of these Terms. Any modifications to these Terms must be in writing and signed by both parties.

We welcome all feedback, comments, requests, and support communications pertaining to the Services to be directed to: info@iridiumconsultingcompany.com.

Last updated May 3, 2023.