TERMS AND CONDITIONS
4Sight Search
11422 Goodhue St. NE
Blaine, MN 55449
651-895-0160
Ben@4sightsearch.com
Effective Date: January 1, 2025
Version: 2.0
This web page represents a legal document and is the Terms and Conditions (Agreement) for our website, www.4sightsearch.com (Website). By using our Website, you agree to fully comply with and be bound by the following Agreement each time you use our Website.
1. Definitions
The terms “us”, “we”, and “our” refer to 4Sight Search, the owner of this Website. A “Visitor” is someone who merely browses our Website. A “Member” is someone who has registered with our Website to use our Services. The term “User” is a collective identifier that refers to either a Visitor or a Member. The term “Product” refers to any products we sell or give away. The term “Services” refers to our recruiting services, digital products, and other offerings.
All text, information, graphics, design, videos, audio, software, and data offered through our Website or Services, whether produced by our Members or by us, are collectively known as our “Content”. We distinguish content posted by our Members as “Member Content”.
2. Acceptance of Agreement
This Agreement is between you and 4SIGHT SEARCH.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS, LIMITATION OF LIABILITY, AND INDEMNIFICATION PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING, AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS, AND/OR BROWSE IT FURTHER.
This Agreement constitutes the entire and only Agreement between you and 4SIGHT SEARCH regarding our Website and Services and supersedes all other agreements, representations, warranties, and understandings. Additional terms may apply to specific services or products, which will be incorporated into this Agreement unless otherwise stated.
3. Privacy Notice
Our Privacy Notice is considered part of this Agreement and is available on this website. You must review and accept our Privacy Notice. If you do not accept and agree to be bound by all terms of this Agreement, including our Privacy Notice, do not use this Website or our Services.
4. Dispute Resolution
Arbitration
Any legal controversy or claim arising from or relating to this Agreement and/or our Services, excluding legal action taken by us to collect or recover damages for – or obtain any injunction relating to – website operations, intellectual property, and our Services, will be settled solely by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party.
YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTION LAWSUITS OR CLASS-WIDE ARBITRATION.
The arbitration will be conducted in Minneapolis, Minnesota, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You or we may seek any interim or preliminary relief from a court of competent jurisdiction in Minneapolis, Minnesota necessary to protect our or your rights or property pending the completion of arbitration.
Exceptions to Arbitration
The following disputes are exempt from arbitration requirements:
• Small claims court actions
• Injunctive relief for intellectual property infringement
• Actions to enforce arbitration awards
Choice of Law and Jurisdiction
This Agreement will be governed by and construed in accordance with the laws of the state of Minnesota without regard to conflict of law provisions. For matters not subject to arbitration, you agree to submit to the personal jurisdiction and venue of courts in Minneapolis, Minnesota. Any cause of action by you with respect to our Website or Services must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
5. Limited License
4SIGHT SEARCH grants you a nonexclusive, nontransferable, revocable license to access and use our Website and Services strictly in accordance with this Agreement. Your use of our Website and Services is solely for internal, personal, noncommercial purposes unless otherwise provided for in this Agreement.
Restrictions
You may not:
• Use our Website or Services for any commercial purpose without express written permission
• Copy, reproduce, distribute, or create derivative works from our Content
• Use automated tools (bots, scrapers, etc.) to access our Website
• Attempt to reverse engineer any software or systems
• Remove or obscure any proprietary notices
6. Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website, Content, Services, and any software provided therein.
7. Artificial Intelligence and Technology Use
We may use artificial intelligence, machine learning, and automated technologies to:
• Improve our Services and user experience
• Provide personalized recommendations
• Analyze usage patterns and performance
• Deliver customer support through chatbots
You acknowledge that AI-generated content or recommendations are not a substitute for professional advice and should be used in conjunction with human guidance.
8. Our Relationship to You
This Agreement in no way creates any agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship between you and 4Sight Search. You are an independent user of our Services.
9. Our Intellectual Property
Our Website contains our service marks, trademarks, copyrights, and other intellectual property, as well as those of our affiliates or licensors. Your use of our Website or Services does not grant you any right or license to use our intellectual property without prior written permission.
Our Content is protected under United States and international copyright laws. The copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our Website and Services does not grant you any ownership rights to our Content.
10. Digital Millennium Copyright Act (DMCA) Compliance
We respect intellectual property rights and comply with the DMCA. If you believe your copyrighted work has been infringed, please contact us with:
• Description of the copyrighted work
• Location of the allegedly infringing material
• Your contact information
• A statement of good faith belief that use is not authorized
• A statement of accuracy and authority to act
11. Eligibility and Registration
Age Requirements
Our Website and Services are intended solely for users who are at least 18 years of age. Any registration by, use of, or access to our Website by anyone under 18 is unauthorized and violates these Terms.
12. Registration Process
To use certain Services, you must register and create an account. You agree to:
• Provide accurate, current, and complete information
• Maintain and update your information
• Keep your login credentials confidential
• Notify us immediately of any unauthorized use
• Accept responsibility for all activities under your account
4SIGHT SEARCH reserves the right to accept or reject any registration application at our sole discretion.
13. Payment Terms
Fees and Billing
• All fees are stated in US dollars
• Payment is due as specified in your service agreement
• We accept major credit cards and other specified payment methods
• Late payments may incur additional fees
Refund Policy
• Refunds are provided according to our published refund policy
• Refund requests must be submitted in writing within the specified timeframe
• Refunds are processed within 30 business days of approval
• Certain services may be non-refundable as specified at time of purchase
Price Changes
We reserve the right to change our prices with 30 days’ notice to existing clients. New prices apply to renewals and new purchases.
14. Content and User Conduct
Member Content
Members may post content to our Website through our Services. By posting Member Content, you:
• Grant us a license to use, display, and distribute the content
• Warrant that you own the rights to the content or have authorization to post it
• Agree not to post content that violates these Terms or applicable laws
Prohibited Content and Conduct
You agree not to post or engage in:
• Illegal, harmful, threatening, defamatory, or harassing content
• Content that infringes intellectual property rights
• Spam, commercial solicitations, or unsolicited advertising
• Malicious code, viruses, or harmful software
• False or misleading information
• Content that violates privacy rights of others
• Hate speech, discrimination, or harassment
• Content involving minors in inappropriate contexts
Content Moderation
We reserve the right to monitor, review, and remove any Member Content that violates these Terms or is otherwise objectionable. We may suspend or terminate accounts for policy violations.
15. Privacy and Data Protection
We collect, use, and protect your personal information as described in our Privacy Notice. By using our Services, you consent to our data practices as outlined in our Privacy Notice.
16. Video and Audio Recording
Training or coaching sessions may be recorded for quality assurance and training purposes with your prior consent. You may opt out of recording at any time.
17. Third-Party Services and Links
Our Website may contain links to third-party websites or integrate with third-party services. We are not responsible for the content, privacy practices, or terms of service of third parties. Your use of third-party services is at your own risk and subject to their terms.
18. Technology and Security
Website Availability
We strive to maintain website availability but cannot guarantee uninterrupted access. We may perform maintenance, updates, or experience technical issues that temporarily affect service.
Security Measures
We implement reasonable security measures to protect your information and our systems. However, no system is completely secure, and you use our Services at your own risk.
19. Data Backup and Recovery
While we maintain data backups, you are responsible for maintaining your own copies of important information.
20. Disclaimers and Limitations
Service Disclaimer
OUR SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
21. Limitation of Liability
IN NO EVENT SHALL 4SIGHT SEARCH BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, DATA, OR BUSINESS OPPORTUNITIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
22. Professional Advice Disclaimer
Our recruiting, training and coaching services are not a substitute for professional medical, legal, financial, or therapeutic advice. You should consult qualified professionals for specific advice related to your
circumstances.
23. Indemnification
You agree to indemnify, defend, and hold harmless 4SIGHT SEARCH, its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable attorney fees) arising from:
• Your use of our Website or Services
• Your violation of these Terms
• Your violation of any rights of third parties
• Your Member Content or conduct
24. Termination
Termination by You
You may terminate your account at any time by contacting us or using account closure features. Termination does not relieve you of payment obligations for services already received.
Termination by Us
We may suspend or terminate your access immediately for:
• Violation of these Terms
• Non-payment of fees
• Fraudulent or illegal activity
• Behavior that harms our business or other users
Effect of Termination
Upon termination:
• Your access to Services will cease
• Payment obligations for completed services remain
• Certain provisions of these Terms will survive termination
• You must delete any downloaded Content
25. Force Majeure
We are not liable for delays or failures in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, labor disputes, or technical failures.
26. Accessibility
We strive to make our Website accessible to users with disabilities in accordance with applicable accessibility standards. If you encounter accessibility barriers, please contact us for assistance.
27. Updates and Modifications
We reserve the right to modify these Terms at any time. We will provide notice of material changes by:
• Posting updated Terms on our Website
• Sending email notification to registered users
• Providing in-app notifications where applicable
Changes become effective 30 days after notice unless you terminate your account. Continued use constitutes acceptance of modified Terms.
For dispute resolution provisions, no unilateral amendment will retroactively change agreed arbitration terms for pending disputes unless both parties expressly agree.
28. Severability
If any provision of these Terms is found invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.
29. Entire Agreement
These Terms, together with our Privacy Notice and any additional terms for specific services, constitute the entire agreement between you and 4SIGHT SEARCH regarding your use of our Website and Services.
Contact Information
For questions about these Terms and Conditions:
Email: Ben@4sightsearch.com
Phone: 651-895-0160
Mail: 4Sight Search, L.L.C., 11422 Goodhue St. NE, Blaine, MN 55449
