Terms of Service

As of September 27, 2021

Agreement between User and SpillTheDish.com

Welcome to SpillTheDish.com. The SpillTheDish.com website (the "Site") is comprised of various web pages operated by SpillTheDish, Inc. SpillTheDish.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). These Terms also include our Privacy Policy. Your use of SpillTheDish.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. If you are using SpillTheDish on behalf of a company or other legal entity, then "you" also means such company or legal entity and you agree to be bound by these Terms even if we have a separate agreement with you. You may not use SpillTheDish if you do not agree to the version of the Terms posted on SpillTheDish at the time you access SpillTheDish.

The terms "SpillTheDish”, "we”, “us” and “our” refer to SpillTheDish, Inc., a Delaware corporation with offices in California.

Electronic Communications

Visiting SpillTheDish.com or sending emails to SpillTheDish constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your SpillTheDish Account

In order for you to create a SpillTheDish account, we require that you provide a valid email address. The email you use must be one where we can reach you. In the event we cannot correspond with you via this email address, your submitted content may be rejected and your account may be disabled. Other registration requirements may also apply. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that SpillTheDish is not responsible for third party access to your account that results from theft or misappropriation of your account. SpillTheDish and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. When you set up an individual user account on SpillTheDish, we create a member profile (a "Profile") for you that will include personal information you provide. No other users will be able to view information in your Profile. We may ask you to provide, and we may subsequently collect if you agree to provide, certain categories of sensitive personal information (e.g., race/ethnicity, gender identification) for use in our diversity analysis, or other uses as disclosed at the time of collection; please be aware that you do not have to share your personal information beyond the level you feel comfortable. You can read more about our diversity and inclusion privacy efforts in our Privacy Policy.

Children Under Sixteen

To use SpillTheDish, you must be at least 16 years of age. If you are under 18, you may use SpillTheDish.com only with permission of a parent or guardian. SpillTheDish does not knowingly collect, either online or offline, personal information from persons under the age of sixteen.

Cancellation Policy

Users may cancel their registration at any time. Any workplace reviews will be deactivated and no longer visible to other users, but will not be deleted.

Links to Third Party Sites/Third Party Services

SpillTheDish.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of SpillTheDish and SpillTheDish is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. SpillTheDish is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SpillTheDish of the site or any association with its operators.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use SpillTheDish.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to SpillTheDish that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of SpillTheDish or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. SpillTheDish content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of SpillTheDish and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of SpillTheDish or our licensors except as expressly authorized by these Terms.

You are solely responsible for any and all Content that is posted through your account on SpillTheDish ("Your Content"). You understand that you may expose yourself to liability if Your Content or other use of SpillTheDish violates applicable law or any third-party right.

You agree that you will not:

• Impersonate another person, or his or her email address, or misrepresent your current or former affiliation with an employer;
• Create user accounts under false or fraudulent pretenses; create or use an account for anyone other than yourself; or create multiple active user accounts to post multiple reviews for the same company;
• Post Content that you do not own or have the right to post in accordance with the license set forth in these Terms;
• Violate these Terms, the terms of your agreements with us, or any applicable law, rule or regulation;
• Post Content that is defamatory, libelous, or fraudulent; that you know to be false or misleading; or that does not reflect your honest opinion and experience;
• Act in a manner that is harassing, threatening, abusive, racist or bigoted, is otherwise objectionable (as determined by SpillTheDish);
• Promote, endorse or further illegal activities;
• Disclose information in violation of any legally enforceable confidentiality, non-disclosure or other contractual restrictions or rights of any third party, including any current or former employers or potential employers;
• Violate the privacy, publicity, copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any third-party;
• Post anything pornographic or sexually explicit in nature, or engage in the exploitation of persons in a sexual or violent manner;
• Solicit personally identifying information from minors;
• Imply a SpillTheDish endorsement or partnership of any kind without our express written permission;
• Send messages in violation of the USA CAN-SPAM Act or any other applicable anti-spam law;
• Introduce software or automated agents to SpillTheDish, or access SpillTheDish so as to produce multiple accounts, generate automated messages, or to scrape, strip or mine data from SpillTheDish without our express written permission;
• "Frame" or "mirror" or otherwise incorporate part of SpillTheDish into any website, or "deep-link" to any portion of SpillTheDish without our express written permission;
• Copy, modify or create derivative works of SpillTheDish or any Content (excluding Your Content) without our express written permission);
• Copy or use the information, Content (excluding Your Content), or data on SpillTheDish in connection with a competitive service, as determined by SpillTheDish;
• Sell, resell, rent, lease, loan, trade or otherwise monetize access to SpillTheDish or any Content (excluding Your Content) without our express written permission;
• Interfere with, disrupt, modify, reverse engineer, or decompile any data or functionality of SpillTheDish;
• Interfere with, disrupt, or create an undue burden on SpillTheDish or the networks or services connected to SpillTheDish;
• Introduce any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software to SpillTheDish; or
• Attempt to circumvent any security feature of SpillTheDish.

Salary Estimates

We may use salary information provided by our users to make estimates of salaries for certain positions to help you to better know your worth and how different employers rank relative to their peers. Unless otherwise indicated, we estimate base salary only and do not include the value of tips, bonuses, equity, benefits, or other forms of compensation. We do not guarantee the accuracy of results and you are responsible for how you use them.

Templates

We may provide you with templates for your use, such as, templates to help employers solicit reviews from their employees, or templates to help employers with job descriptions for job postings, or templates to help employers craft employee handbooks or policies. You understand and agree that the templates we offer through SpillTheDish are provided as suggestions and their contents do not constitute legal or employment advice. With respect to job description templates, you understand and agree that we cannot guarantee that a description properly applies to the specific circumstances of your hiring needs. You accept that your use of any template provided by SpillTheDish is at your own risk.

International Users

The Service is controlled, operated and administered by SpillTheDish from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the SpillTheDish Content accessed through SpillTheDish.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Provisions Applicable to Employers

You may not offer incentives in exchange for company reviews. You may not trade reviews with other employers. We will remove reviews where we have reason to believe that users were not legitimate employees of the company. You may not coerce employees to leave reviews. Coercion includes asking employees to provide proof to an employer that they wrote a review whether or not that proof includes the content of the review itself.

Removal of Content

While SpillTheDish has no obligation to do so, SpillTheDish reserves the right to review and delete any Content (or portion thereof) that we believe, in our sole discretion, violates these Terms or other applicable policies posted on SpillTheDish, or that we deem, in our sole discretion, inappropriate. If you see any Content on SpillTheDish that you believe violates our policies, you may report that Content by clicking on an applicable flag or link adjacent to that Content or by emailing us at support @ spillthedish.com. Once notified, we will review the Content and consider whether to remove it (or a portion thereof). Please note: Our interpretation of our policies and the decision whether or not to edit or remove Content is within our sole discretion. You understand and agree that if we choose not to remove or edit Content that you find objectionable, that decision will not constitute a violation of these Terms or any agreement we have with you.

Other Enforcement Actions

While we have no obligation to do so, we reserve the right to investigate and take appropriate action in our sole discretion against you if you violate these Terms, including without limitation: removing Content (or portions thereof) from SpillTheDish; suspending your rights to use SpillTheDish; terminating your membership and account; reporting you to law enforcement, regulatory authorities, or administrative bodies; and taking legal action against you.

Defending Our Users

While we have no obligation to do so, we reserve the right, to the fullest extent permitted by applicable law, to take appropriate action to protect the anonymity of our users against the enforcement of subpoenas or other information requests that seek a user's electronic address or identifying information.

Rights to Your Content

We do not claim ownership in any Content that you submit to SpillTheDish, but you grant us the rights to use such Content as set forth below. By submitting any Content to SpillTheDish, you hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicenses) to use, copy, perform, display, create derivative works of, adapt and distribute such Content in any and all media (now known or later developed) throughout the world. To the greatest extent permitted by applicable law, you hereby expressly waive any and all of your moral rights applicable to SpillTheDish's exercise of the foregoing license. You agree that this license includes the right for us to provide, promote, and improve SpillTheDish and to make Content submitted to or through SpillTheDish available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. No compensation will be paid with respect to the Content that you post through SpillTheDish. You should only submit Content to SpillTheDish that you are comfortable sharing with others under the terms and conditions of these Terms.

Rights to SpillTheDish Content

SpillTheDish contains Content provided by us and our licensors. We and our licensors (including other users) own and retain all proprietary (including all intellectual property) rights in the Content we each provide and SpillTheDish owns and retains all property rights in SpillTheDish. If you are a user, we hereby grant you a limited, revocable, non-sublicensable license under the intellectual property rights licensable by us to download, view, copy and print Content from SpillTheDish solely for your personal use in connection with using SpillTheDish. Except as provided in the foregoing, you agree not to: (1) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, adapt or create derivative works based on SpillTheDish or the Content (excluding Your Content); or (2) rent, lease, loan, or sell access to SpillTheDish. SpillTheDish ® is a registered trademark of SpillTheDish, Inc. The trademarks, logos and service marks ("Marks") displayed on SpillTheDish are our property or the property of third parties. You are not permitted to use these Marks without our prior written consent or the consent of the third party that owns the Mark.

Indemnification

You agree to indemnify, defend and hold harmless SpillTheDish, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. SpillTheDish reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with SpillTheDish in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and SpillTheDish agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SpillTheDish AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

SpillTheDish AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. SpillTheDish AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SpillTheDish AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SpillTheDish OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

SpillTheDish reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and SpillTheDish as a result of this agreement or use of the Site. SpillTheDish's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of SpillTheDish's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by SpillTheDish with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

 

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and SpillTheDish with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and SpillTheDish with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

SpillTheDish reserves the right, in its sole discretion, to change the Terms under which SpillTheDish.com is offered. The most current version of the Terms will supersede all previous versions. SpillTheDish encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Please contact us with any questions or comments regarding the Terms by emailing info @ spillthedish.com.