Terms Of Use

Welcome to the websites, together with any materials and services available therein, and successor site(s) thereto and on which these Terms of Use are posted (individually referred to as the “Site,” or collectively as the “Sites”), which are operated by Array Corporation and its subsidiaries (“Array” or “we” or “us”).

These Terms of Use (“Terms”) state the terms and conditions governing your use of and access to the Sites and any services or portals offered through the Sites (collectively, the “Services”) and constitute a legally binding contract between you and Array. These Terms incorporate any additional terms and conditions posted by Array through the Sites, or otherwise made available to you by Array. Your use of our Sites and Services is also subject to our Privacy Policy, which describes our collection and use of your personal information.

PLEASE REVIEW THESE TERMS AND OUR PRIVACY POLICY CAREFULLY BEFORE ACCESSING AND USING OUR SITES OR REGISTERING FOR OR USING OR ACCESSING OUR SERVICES AS THEY FORM A BINDING LEGAL AGREEMENT BETWEEN YOU AND ARRAY.

1. NOT AN EMPLOYMENT CONTRACT

These Terms do not constitute an employment contract or apply to your employment by any person or entity through a listing on the Sites or Services or represent any guarantee of employment by any person or entity.  Any employment will be subject to separate terms and conditions from the person or entity offering the position through the Sites and Services. Employers may also need to agree to separate terms to list and offer positions to individuals through the Sites and Services.

2. ACCEPTANCE OF TERMS

By (1) checking a box indicating your acceptance, (2) ordering, (3) onboarding and signup, or (4) accessing or using the Sites and Services, you agree to be bound by these Terms and all other policies, procedures, and rules that we may publish on the Sites.

3. CHANGES

Our Site and Services may evolve and change over time. For this reason, we may at any time and for any reason modify, amend, or vary these Terms (collectively, “Changes”), including, but not limited to, to cover new Sites or Services or to comply with changes in the law. Changes will be effective: (i) thirty (30) days after Array provides notice of the Changes, whether such notice is provided through the Sites or the Services user interface, is sent to the email address associated with your account or otherwise; or (ii) when you opt-in or otherwise expressly agree to the Changes or a version of this Agreement incorporating the Changes, whichever comes first.

The “Last Updated” legend above indicates when these Terms were last changed. We also reserve the right to modify, delete, add or otherwise our Sites and Services at any time with or without notice, to the maximum extent permitted by law.

4. ORDER OF PRIORITY

If there is a conflict between these Terms and/or Privacy Policy, and any other applicable terms or agreement fully executed by you and Array (“Other Terms”), the Other Terms or agreement shall control. We may, at any time and without liability, modify or discontinue all or part of the Sites (including access to the Sites via any third-party links), or offer opportunities to some or all Site users.

5. ELIGIBILITY

You must be a resident of the United States and have the legal capacity to enter contracts to use the Site and Services, and are not an individual residing in a country that is on the United States embargoed countries list or an individual on the US Department of Treasury Specially Designated Nationals and Blocked Persons Lists (SDN).

If you are an individual accessing or using the Sites or Services on behalf of, or for the benefit of, any corporation, partnership or other entity with which you are associated (an “Entity,” or collectively also referred to as “you”), then you are agreeing to these Terms on behalf of yourself and such Entity, and you represent and warrant that you have the legal authority to bind such Entity to these Terms. References to “you” and “your” in these Terms will refer to both the individual using the Sites and Services and to any such Entity.

6. GEOGRAPHICAL RESTRICTIONS

The Sites and Service are intended for use by residents of the United States only, and are not intended to subject to Array to any jurisdictions or laws outside the United States. They may not be appropriate or available for use in jurisdictions outside United States.  Any use of the Sites and Services is at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so. We may limit the availability of the Sites and Services wat any time, in whole or in part, to any person, geographic area, or jurisdiction that we choose.

7. REGISTRATION AND ACCOUNTS

You may need to register for an account to use all or portions of the Sites and Services, such as employer or client portals that we may offer. You agree to provide accurate and complete information when registering an account and keep that information updated on a timely basis.

We may reject, or require that you change, any username, password or other information that you provide to us during registration or once registered. You, and not Array, are responsible for the security of and any use or misuse of your username or password. In particular, it is your sole responsibility to (a) maintain the confidentiality of your account login and password; (b) frequently update and revise your password; and (c) promptly notify Array if there is any unauthorized use of your account(s) or any breach of security by contacting us in accordance with the “CONTACT US” section below.

8. OWNERSHIP OF INTELLECTUAL PROPERTY

The Sites and Services, including all content, information, and materials incorporated into or made available through the Sites and Services (except for User Content) (“Content”), are the exclusive property of Array or its suppliers, and are protected by U.S. and international law. You agree not to access or use the Sites or Services, or any content, information, or materials incorporated into or made available through the Sites or Services, except as expressly permitted under these Terms. All trademarks, service marks, and logos displayed on the Sites (the “Marks”) are the exclusive property of Array or their respective third-party owners. Except for your right to view Marks on our Site, you are not granted any rights to the Marks. Nothing in the Sites or Services grant, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the Sites or Services.

9. USER CONTENT

The Sites and Services may include functionality that enables you to upload your resumé, other employment and career-related information, job orders, and/or other information related to your Entity, and may also enable you to submit comments, materials, or contact information, including but not limited to your name, email address, and phone number, or to chat and engage in other messaging functionality through interactive features such as blogs, message boards, other forums. All such résumés, information, comments, and materials are referred to as “User Content.” For clarity, you retain ownership of your User Content.

If you choose to submit User Content, you hereby grant Array a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable, and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform, and display (publicly or otherwise), create derivative works of, adapt, modify, and otherwise use and exploit such User Content, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).  If you choose to submit User Content, you represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your User Content, and your provision thereof through and in connection with the Sites and Services, are complete and accurate, and are not fraudulent, tortious, or otherwise in violation of any applicable law or any right of any third party including intellectual property rights. For each of the User Content, you further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of User Content that you may have under any applicable law under any legal theory. It is your responsibility to ensure the User Content are true, accurate, current, and complete. Array may (but has no obligation to) screen, monitor, evaluate, and remove any User Content at any time and for any reason, or analyze your access to and use of the Sites and Services. We may disclose information regarding your access to and use of the Sites and Services, and the circumstances surrounding such access and use, to anyone for any reason or purpose. For clarity, certain information that you provide to Array through the Sites may also be governed by Array’s Privacy Policy.

10. FEEDBACK

If you submit any unsolicited ideas, proposals, suggestions, or other materials whether related to the Sites or otherwise (collectively, “Feedback”), including Feedback about new or improved products, technologies, or potential security vulnerabilities, you hereby acknowledge and agree that regardless of what your correspondence says, (a) Array is not obligated to review, acknowledge, or pay you for any Feedback; (b) such Feedback automatically becomes our intellectual property, without any compensation to you, and we may use or distribute the Feedback in any way and for any purpose without restriction; (c) Array has no fiduciary or other obligation to you or to any other person; (d) Feedback shall be deemed to be non-confidential; and (e) Array has no obligation to keep Feedback confidential. We reserve the right to pursue civil and criminal action against you and to notify law enforcement for any violations of these Terms, including, but not limited to, research into potential security vulnerabilities of the Sites.

11. RULES OF CONDUCT

We want to make the Sites and Services a safe and secure place for our users. For this reason, we must prohibit certain kinds of activities and conduct. You agree not to use the Site or Services in any way, or to engage in any conduct that:

  • Is unlawful, illegal or unauthorized;
  • Is defamatory of any other person;
  • Is obscene, sexually explicit or offensive;
  • Advertises or promotes any other product or business;
  • Is likely to harass, upset, embarrass, alarm or annoy any other person;
  • Is likely to disrupt our Site or Services in any way;
  • Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • Infringes any copyright, trademark, trade secret, or other proprietary right of any other person; or
  • Advocates, promotes or assists any violence or any unlawful act.

You further agree not to:

  • publish and/or make any use of the Sites or Services on any website, media, network or system other than those provided by us, and/or frame, “deep link,” “page scrape,” mirror and/or create a browser or border environment around any of the Sites or (or any part thereof);
  • use any “robot,” “spider” or other automatic device, program, script, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Sites or Services (or any of its data), or in any way reproduce or circumvent the navigational structure or presentation of any of the Sites or Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the Sites  or Services;
  • purchase search engine or other pay-per-click keywords (such as Google AdWords), or domain names that use our name or the Array trademarks and/or variations and misspellings thereof;
  • reverse look-up, trace or seek to trace another user of the Sites or Services, or otherwise interfere with or violate any other user’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Sites or Services without their express and informed consent;
  • disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the Sites or Services or the account of another user or any other systems or networks connected to the Sites or Services, by hacking, password mining, or other illegitimate or prohibited means;
  • probe, scan or test the vulnerability of the Sites or Services or any network connected to the Sites or Services;
  • upload to the Sites or Services or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive or invasive code or component;
  • take any action that may impose an unreasonable or disproportionately large load on the infrastructure of the Sites or Services or our systems or networks connected to the Sites or Services, or otherwise interfere with or disrupt the operation of the Sites or Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies or regulations of such servers or networks; or
  • use the Sites or any of the Services in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters,” “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising.

12. THIRD-PARTY MATERIALS

The Sites may make available or provide links to third-party websites, content, services, or information (“Third-Party Materials”). Array does not control, and is not responsible for, any Third-Party Materials and the availability of, or any links to, any Third-Party Materials on the Sites do not imply endorsement of, or affiliation with, the provider of Third-Party Materials. Your use of Third-Party Materials is at your own risk.

13. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Array and its affiliates, officers, directors, agents, and employees from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including attorneys’ fees) arising out of or relating to your access to or use of, or activities in connection with, the Sites or Services (including any User Content) or your violation or alleged violation of these Terms or our Privacy Policy. You may not enter into a settlement of a claim that involves a resolution other than one consisting solely of a monetary settlement without Array’s prior written consent.  This indemnity obligation shall survive the termination of these Terms.

14. DISCLAIMER

THE SITES AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, AND ARRAY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SITES TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE, AND WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, USAGE, OR TRADE.

While we try to maintain the timeliness, integrity, and security of the Sites and Services, we do not guarantee that the Sites and Services are or will remain updated, complete, correct, or secure, or that access to the Sites and Services will be uninterrupted. We are not responsible for any inaccuracies, errors, or materials on the Sites and Services, including any job listings. Additionally, we are not responsible for any unauthorized alterations to the Sites and Services made by third parties. You expressly acknowledge that the Sites and Services might be affected by circumstances beyond Array’s control, might not be continuous, uninterrupted, or secure, and are subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Array is not responsible or liable for any delays, failures, damage, loss, or liability resulting from any of those problems. You acknowledge that security measures used by or on behalf of Array and its subcontractors and service providers might not protect the Sites against unauthorized access, use, or disclosure. Array is not responsible or liable for any unauthorized access to, or use, alteration, theft, or destruction of the Sites or any data stored or processed on the Sites (including User Content), whether through accident, fraudulent means or devices, or any other method.

15. LIMITATION OF LIABILITY

YOU AGREE ARRAY AND ITS AFFILIATES, INCLUDING THEIR RESPECTIVE EMPLOYEES, OFFICERS, AGENTS AND DIRECTORS, WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AGGRAVATED, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, OR DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR OTHER INTANGIBLES, OR LOSS OF SECURITY OF SUBMITTED MATERIALS (INCLUDING UNAUTHORIZED INTERCEPTION OF, ACCESS TO, OR ALTERATION BY THIRD PARTIES OF ANY SUBMITTED MATERIALS, DATA, OR OTHER INTANGIBLES), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, YOU FURTHER AGREE ARRAY WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITES OR FROM ANY THIRD-PARTY MATERIALS, INCLUDING FROM ANY MALWARE OR ANY VIRUS, WORM, HACK, OR MALICIOUS SOFTWARE THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITES IS TO STOP USING THE SITES. YOU AGREE THE MAXIMUM AGGREGATE LIABILITY OF ARRAY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, WILL BE $100.  Applicable law may not allow for limitations on certain implied warranties and conditions, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have certain additional rights.

16. TERMINATION

Array may terminate or suspend your access to the Sites and Services at any time, with or without cause or notice, including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon any such termination or suspension (a) your right to access and use the Sites will immediately cease; (b) Array may immediately deactivate or delete your username, password, and account; (c) Array will be under no obligation to maintain or provide you with access to any materials associated with your account (including User Content or Feedback) and may retain or delete such materials in Array’s sole discretion; and (d) except for the license granted to you to access and use the Sites, the remaining provisions of these Terms will survive and continue in effect.

17. NOTICE OF COPYRIGHT INFRINGEMENT

We respect the intellectual property rights of others and require that users of our Site and Services do the same.  In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:  Legal Department, Array Corporation, 2093 Philadelphia Pike #5334, Claymont, DE 19703; Phone:  (404) 550-4586; email:  statedocs@arraycorp.com.

To be sure the matter is handled immediately, your written notice must:

  • Contain your physical or electronic signature;
  • Identify the copyrighted work or other intellectual property alleged to have been infringed;
  • Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
  • Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
  • Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law;
  • Contain a statement that the information in the written notice is accurate; and
  • Contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.

Unless the notice pertains to copyright or other intellectual property infringement, the Designated Agent will be unable to address the listed concern.

Submitting a DMCA Counter-Notification

We will notify you that we have removed or disabled access to copyright-protected material that you provided if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our Designated Agent with a written counter-notification that includes the following information:

  • 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;
  • 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; and
  • Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a 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 we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
  • We reserve the right, in our sole discretion, to terminate the account or access of any user of the Site and Services who is the subject of repeated DMCA or other infringement notifications.

18. EXPORT ADMINISTRATION AND COMPLIANCE WITH LAWS

You will comply fully with all relevant export laws and regulations of the United States, including, without limitation, the U.S. Export Administration Regulations (collectively “Export Controls”). Without limiting the generality of the foregoing, you will not, and you will require our representatives not to, export, direct or transfer the Services, or any direct product thereof, to any destination, person or entity restricted or prohibited by the Export Controls. You agree not to export the Services, directly or indirectly, separately or as part of a system, without first obtaining proper authority to do so from the appropriate governmental agencies or entities, as may be required by law.

19. GOVERNMENT END-USER RIGHTS

You agree that the Services are “Commercial Items” as defined in 48 C.F.R. 2.101, and your use, duplication, reproduction, release, modification, disclosure or transfer of this commercial product and software is restricted in accordance with 48 C.F.R. §12.211, 48 C.F.R. §12.212, 48 C.F.R. §227.7102-2, and 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.211, 48 C.F.R. §12.212, 48 C.F.R. §227.7102-1 through 48 C.F.R. §227.7102-3, and 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, this commercial product and software are licensed to U.S. federal government end users (i) only as Commercial Items, and (ii) with only those rights as are granted to all other users pursuant to these Terms.

20. GENERAL

These Terms, including the Privacy Policy, and any Other Terms, constitute the entire and only agreement between you and Array with respect to the subject matter of these Terms, and supersede any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of these Terms. These Terms do not create any partnership, employments, agency, franchise or joint venture relationship between you and us, and neither party shall hold itself as having the power to bind the other party to any obligations. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms may not be changed, waived or modified except by Array as provided herein or otherwise by written instrument signed by Array. Neither these Terms nor any right, obligation or remedy hereunder is assignable, transferable, delegable or sublicensable by you, whether by operation of law or otherwise, except with Array’s prior written consent, and any attempted assignment, transfer, delegation or sublicense shall be null and void. Array may assign, transfer or delegate these Terms or any right or obligation or remedy hereunder in its sole discretion.  No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

21. GOVERNING LAW; JURISDICTION FOR DISPUTES

These Terms are governed by, and will be construed in accordance with, the laws of the State of Delaware, without regard to its choice of law principles. The exclusive jurisdiction and venue for any dispute under these Terms or relating to the Sites and Services shall be a court of competent jurisdiction in the State of Delaware.

22. CONTACT US

If you have any questions or wish to contact us, please send an email to statedocs@arraycorp.com.

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