UNIVERSAL TERMS OF SERVICE AGREEMENT

Last Revised: 5/1/2020

PLEASE READ THIS UNIVERSAL TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION.

1. OVERVIEW

THIS UNIVERSAL TERMS OF SERVICE AGREEMENT (THIS “AGREEMENT”) IS ENTERED INTO BY AND BETWEEN LOGAN SCOTT AND YOUR COMPANY AND IS MADE EFFECTIVE AS OF THE DATE OF YOUR USE OF THIS WEBSITE ("SITE") OR OF YOU RECEIVING LOGAN SCOTT'S RESUME. 

THIS AGREEMENT SETS FORTH THE GENERAL TERMS AND CONDITIONS OF YOUR USE OF THE SITE AND THE SERVICES PROVIDED BY LOGAN SCOTT. 

THIS AGREEMENT (INCLUDING ADDITIONAL TERMS THAT MAY BE PROVIDED BY ME WHEN YOU ENGAGE MY SERVICES) IS THE ONLY AGREEMENT BETWEEN US REGARDING MY SERVICES AND SUPERSEDES ALL PRIOR AGREEMENTS FOR MY SERVICES.

THE TERMS “ME”, "MY", “I” OR “LOGAN” SHALL REFER TO LOGAN SCOTT. THE TERMS “YOU”, “YOUR”, OR “COMPANY” SHALL REFER TO ANY INDIVIDUAL OR ENTITY WHO ACCEPTS THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL BE DEEMED TO CONFER ANY THIRD-PARTY RIGHTS OR BENEFITS.

2. MODIFICATION OF AGREEMENT, SITE OR SERVICE

LOGAN SCOTT MAY, AT HIS SOLE AND ABSOLUTE DISCRETION, CHANGE OR MODIFY THIS AGREEMENT, AND ANY POLICIES OR AGREEMENTS WHICH ARE INCORPORATED HEREIN, AT ANY TIME, WITH OR WITHOUT NOTIFICATION, AND SUCH CHANGES OR MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING TO THIS SITE. YOUR USE OF THIS SITE OR YOUR EMPLOYMENT OF THE SERVICES OF LOGAN SCOTT AFTER SUCH CHANGES OR MODIFICATIONS HAVE BEEN MADE SHALL CONSTITUTE YOUR ACCEPTANCE OF THIS AGREEMENT AS LAST REVISED. IN ADDITION, LOGAN SCOTT MAY TERMINATE YOUR USE OF HIS SERVICES FOR ANY VIOLATION OR BREACH OF ANY OF THE TERMS OF THIS AGREEMENT BY YOU. LOGAN SCOTT RESERVES THE SOLE RIGHT TO MODIFY, CHANGE, OR DISCONTINUE ANY ASPECT OF THIS SITE OR HIS SERVICES AT ANY TIME.

3. ELIGIBILITY; AUTHORITY

THIS SITE AND THE SERVICES OF LOGAN SCOTT ARE AVAILABLE ONLY TO INDIVIDUALS OR ENTITIES (“COMPANIES”) WHO CAN FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW. BY USING THIS SITE OR THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE (I) AT LEAST EIGHTEEN (18) YEARS OF AGE, (II) OTHERWISE RECOGNIZED AS BEING ABLE TO FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW, AND/OR (III) ARE NOT A PERSON BARRED FROM PURCHASING OR RECEIVING THE SERVICES OF LOGAN SCOTT.

IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A CORPORATE ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH CORPORATE ENTITY TO THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, IN WHICH CASE THE TERMS "YOU", "YOUR", OR "CLIENT", OR "COMPANY" SHALL REFER TO SUCH CORPORATE ENTITY. IF LOGAN SCOTT FINDS THAT YOU DO NOT HAVE THE LEGAL AUTHORITY TO BIND SUCH CORPORATE ENTITY, YOU WILL BE PERSONALLY RESPONSIBLE FOR THE OBLIGATIONS CONTAINED IN THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THE PAYMENT OBLIGATIONS. LOGAN SCOTT SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM LOGAN SCOTT'S RELIANCE ON ANY INSTRUCTION, NOTICE, DOCUMENT OR COMMUNICATION REASONABLY BELIEVED BY LOGAN SCOTT TO BE GENUINE AND ORIGINATING FROM AN AUTHORIZED REPRESENTATIVE OF YOUR CORPORATE ENTITY. IF THERE IS REASONABLE DOUBT ABOUT THE AUTHENTICITY OF ANY SUCH INSTRUCTION, NOTICE, DOCUMENT OR COMMUNICATION, LOGAN SCOTT RESERVES THE RIGHT (BUT UNDERTAKES NO DUTY) TO REQUIRE ADDITIONAL AUTHENTICATION FROM YOU. YOU FURTHER AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT FOR TRANSACTIONS ENTERED INTO BY YOU, ANYONE ACTING AS YOUR AGENT AND ANYONE WHO USES THE SERVICES OF LOGAN SCOTT, WHETHER OR NOT AUTHORIZED BY YOU.

4. TERMS OF EMPLOYMENT; SEVERANCE

AT NO TIME SHALL LOGAN SCOTT BE REQUIRED TO GIVE NOTICE OF TERMINATION OF SERVICES, IF THE EMPLOYMENT OF HIS SERVICES ARE "AT-WILL". IF THE EMPLOYMENT AGREEMENT IS FOR A SPECIFIED AMOUNT OF TIME, AND YOU CHOOSE TO TERMINATE MY SERVICES, YOU SHALL PROVIDE AN EXACT REASON FOR EARLY TERMINATION. YOU FURTHER AGREE THAT ENDING A CONTRACT EARLY WILL DISADVANTAGE LOGAN FINANCIALLY, YOU WILL MAKE LOGAN WHOLE FINANCIALLY BY PAYING OUT THE REMAINDER OF THE CONTACT AS SEVERANCE. NO AGREEMENT, WHETHER VERBAL, ORAL OR WRITTEN, SHALL BE REQUIRED BEFORE YOU DISPERSE FUNDS TO ME.

5.  NAME, IMAGE, VOICE AND LIKENESS

WITH THE EXCEPTION OF A COMPANY IDENTIFICATION BADGE, MY NAME, VOICE, IMAGE AND LIKENESS BELONG TO ME PERSONALLY. UNDER NO CIRCUMSTANCES IS MY NAME, VOICE, IMAGE OR LIKENESS TO BE PUBLISHED IN ANY FORMAT IN ANY FORM OF CONTENT, INCLUDING BUT NOT LIMITED TO, PAPER FORMAT OR DIGITAL FORMAT, WITHOUT THE EXPRESS HANDWRITTEN AUTHORIZATION FROM LOGAN SCOTT PERSONALLY. THIRD PARTY OR ONE-WAY INTERVIEWS ARE PROHIBITED. 

6. PERSONAL HEALTH DECISIONS

LOGAN SCOTT EXPRESSLY RESERVES THE RIGHT TO DECIDE WHAT HEALTH CARE PROCEDURES, MEDICINES, VACCINES, AND TESTS ARE APPROPRIATE FOR HIM. UNDER NO CIRCUMSTANCES WILL YOU, YOUR COMPANY, OR ANY THIRD PARTY ENTITY THAT YOU EMPLOY ATTEMPT TO FORCE ANY MEDICAL PROCEDURE, MEDICINE OR VACCINE ON LOGAN, OR ANY OF LOGAN SCOTT'S FAMILY. IF YOU, YOUR COMPANY, OR ANY THIRD PARTY ENTITY THAT YOU EMPLOY MAKES A REQUEST OR REQUIREMENT THAT LOGAN OR ANY MEMBER OF HIS FAMILY RECEIVE SUCH MEDICAL PROCEDURE, MEDICINE OR VACCINE AS A CONDITION OF EMPLOYMENT OR CONTINUED EMPLOYMENT, YOU HEREBY AGREE TO PAY LOGAN SCOTT THE SUM OF $100,000 U.S. DOLLARS UPON TERMINATION, AS PART OF A SEVERANCE AGREEMENT, REGARDLESS OF ANY PROMISES PROVIDED BY LAW THAT MAY EXEMPT YOU, YOUR COMPANY, OR ANY THIRD PARTY ENTITY THAT YOU EMPLOY, FROM LIABILITY.

7. ANTI-TRACKING AGREEMENT

LOGAN SCOTT EXPRESSLY RESERVES THE RIGHT TO PROHIBIT YOU, IN ANY MANNER, FROM TRACKING IN ANY MANNER, LOGAN SCOTT'S PERSONAL CELL PHONE, LAPTOP, COMPUTER, WIFI ROUTER, ROUTER, NON-WORK INTERNET TRAFFIC AND ANY AND ALL DEVICES PERSONALLY OWNED AND OPERATED BY LOGAN SCOTT AND ANY OF HIS FAMILY MEMBERS, NOW AND IN PERPETUITY, REGARDLESS OF ANY PAST, PRESENT OR FUTURE JUDGEMENT OR LEGISLATION TO THE CONTRARY, BY ANY AUTHORITY. YOU FURTHER AGREE TO HOLD LOGAN SCOTT BLAMELESS IN ACCORDANCE WITH SECTION 8 BELOW. IF ANY SECTION(S) OF YOUR COMPANY'S HANDBOOK CONFLICTS WITH THIS SECTION, THIS SECTION SHALL BE DEEMED TO TAKE PRECEDENCE AND SHALL BE LEGALLY BINDING.

8. ANTI BINDING ARBITRATION AGREEMENT

YOU AGREE TO FULLY, COMPLETELY AND WITHOUT PREJUDICE RELEASE LOGAN SCOTT FROM ANY AND ALL NON-DISPARAGEMENT AGREEMENTS, NON-COMPETE AGREEMENTS AND ANY AND ALL NON-BINDING ARBITRATION AGREEMENTS, AND ANY FORM OF CONSEQUENCES THAT WOULD HAVE OR WOULD LIKELY TO HAVE ARISEN, HAD THEY BEEN ENFORCED, NOW AND IN PERPETUITY, REGARDLESS OF THE DATE SUCH AGREEMENT(S) ARE SIGNED, EITHER PAST, PRESENT OR FUTURE. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY SUCH AGREEMENT(S) SIGNED BY MY OWN HAND, OR THROUGH ANY ELECTRONIC MEANS. UNDER NO CIRCUMSTANCES SHALL LOGAN SCOTT SURRENDER ANY RIGHTS PROVIDED BY THE UNITED STATES CONSTITUTION, NOR ANY RIGHT PROVIDED BY THE STATE IN WHICH LOGAN SCOTT RESIDES, NOR ANY STATE IN WHICH YOUR COMPANY OPERATES. 

9. LIMITATION OF LIABILITY

IN NO EVENT WHATSOEVER SHALL LOGAN SCOTT, OR HIS FAMILY MEMBERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES PROVIDED BY LOGAN SCOTT.

10. INDEMNITY

YOU AGREE TO PROTECT, DEFEND, INDEMNIFY AND HOLD HARMLESS LOGAN SCOTT AND HIS FAMILY MEMBERS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, COSTS, EXPENSES, LOSSES, LIABILITIES AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) IMPOSED UPON OR INCURRED BY LOGAN SCOTT AND HIS FAMILY MEMBERS DIRECTLY OR INDIRECTLY ARISING FROM (I) YOUR USE OF AND ACCESS TO THIS SITE OR THE SERVICES PROVIDED BY LOGAN SCOTT; (II) YOUR VIOLATION OF ANY PROVISION OF THIS AGREEMENT OR THE POLICIES OR AGREEMENTS WHICH ARE INCORPORATED HEREIN. THE INDEMNIFICATION OBLIGATIONS UNDER THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES PROVIDED BY LOGAN SCOTT.

11. ENFORCEMENT

SHOULD ANY OR ALL PORTIONS OF THIS AGREEMENT BE FOUND TO BE UNENFORCEABLE, YOU HEREBY AGREE TO PAY LOGAN SCOTT THE SUM OF $50,000 U.S. DOLLARS UPON TERMINATION, AS PART OF A SEVERANCE AGREEMENT, REGARDLESS OF ANY PROMISES PROVIDED BY LAW THAT MAY EXEMPT YOU, YOUR COMPANY, OR ANY THIRD PARTY ENTITY THAT YOU EMPLOY, FROM LIABILITY.

12. SUCCESSORS AND ASSIGNS

THIS AGREEMENT SHALL BE BINDING UPON AND INURE TO THE BENEFIT OF LOGAN SCOTT, HIS RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS.

13. ENGLISH LANGUAGE CONTROLS

THIS AGREEMENT, ALONG WITH ALL POLICIES AND THE APPLICABLE AGREEMENTS IDENTIFIED ABOVE AND INCORPORATED HEREIN BY REFERENCE (COLLECTIVELY, THE “AGREEMENT”), IS EXECUTED IN THE ENGLISH LANGUAGE. TO THE EXTENT ANY TRANSLATION IS PROVIDED TO YOU, IT IS PROVIDED FOR CONVENIENCE PURPOSES ONLY, AND IN THE EVENT OF ANY CONFLICT BETWEEN THE ENGLISH AND TRANSLATED VERSION, WHERE PERMITTED BY LAW, THE ENGLISH VERSION WILL CONTROL AND PREVAIL. WHERE THE TRANSLATED VERSION IS REQUIRED TO BE PROVIDED TO YOU AND IS TO BE CONSIDERED BINDING BY LAW (I) BOTH LANGUAGE VERSIONS SHALL HAVE EQUAL VALIDITY, (II) EACH PARTY ACKNOWLEDGES THAT IT HAS REVIEWED BOTH LANGUAGE VERSIONS AND THAT THEY ARE SUBSTANTIALLY THE SAME IN ALL MATERIAL RESPECTS, AND (III) IN THE EVENT OF ANY DISCREPANCY BETWEEN THESE TWO VERSIONS, THE TRANSLATED VERSION MAY PREVAIL, PROVIDED THAT THE INTENT OF THE PARTIES HAS BEEN FULLY TAKEN INTO CONSIDERATION.

14. CONTACT INFORMATION

IF YOU HAVE ANY QUESTIONS ABOUT THIS AGREEMENT, PLEASE CONTACT ME BY EMAIL AT THE FOLLOWING ADDRESS:

LOGAN SCOTT

LEGAL@LOGANSCOTT.DEV