A prominent display of the collective efforts of the Payscale Team (aka “Payscale,” “we,” “our,” or “us”) we proudly present our Website (as defined herein) and all of its riveting content, data, research, reports, products, services, and other information published, displayed, or provided through a Website (collectively, “Materials”).To protect all our hard work, our lawyers prepared these Terms of Use (“Terms”) to govern the access and use of all Websites and Materials by all individuals and entities, including you. For purposes of these Terms, “Website” collectively refers to payscale.com and all other websites that we operate or that link to these Terms.

Acceptance

You understand that these Terms form a legal agreement between you and Payscale and govern your use of the Website and Materials. We offer access and use of the Website and Materials to you conditioned on your acceptance, without changes, of these Terms. By accessing, browsing, or otherwise using a Website or any Materials, you are indicating that you have read and agree to these Terms, including any referenced policies and guidelines. If you do not agree to these Terms, you are prohibited from accessing or using a Website or any Materials.

Changes

We may change these Terms, including, any referenced policies and guidelines at any time. It is your responsibility to visit this page periodically and review these Terms because they are binding on you. Your continued use of the Website or Materials after any changes constitutes your acceptance of and agreement to those changes. You can find the previous version of these Terms here.

Eligibility

Our Websites and Materials are not intended for children. Individuals who access or use our Website or any Materials, in any manner, must be 13 years of age or older (or the age of majority where you live). The Website and Materials are intended for individuals who are 13 years of age or older, and any registration, use, or access to Website or Materials by anyone under 13 is unauthorized and in violation of these Terms. By accessing or using a Website or any Materials, you represent and warrant to us that you are 13 years of age or older (or the age of majority where you live), and that you have the right, authority, and capacity to agree to and abide by these Terms.

Privacy Policy and Cookies Information

We tried our best to write a simple Privacy Policy. This policy describes what information we collect when you visit, access, or use our Website or Materials, and how we use that information. You can learn about the types of cookies and similar technologies we use here to provide our Website and Materials.

Account Registration

If you register for a Payscale account or request a demo, you agree to provide (and maintain) accurate, current, and complete information about yourself as prompted by the registration form (including, but not limited to, your email address and location). You are responsible for keeping your login information confidential, for all activities that are conducted through your Payscale account and will be held liable for losses or damages incurred by us or others due to your failure to provide us accurate information or someone else using your Payscale account. We are not liable to you for any loss or damage you may incur if someone else uses your Payscale login information or Payscale account. You may not use another person’s Payscale account at any time without the permission of the account holder. Additionally, you agree not to transfer or resell your use of, or access to, the Website or any Materials to any third-party. If you have reason to believe that there has been unauthorized access to, or use of, your Payscale account, you must promptly change your password and notify us by emailing our Support team at [email protected].

Content on our Websites and Materials

All Websites and Materials are provided for general information only (see the “Disclaimer of Warranties” section below for further details). You acknowledge that Payscale does not provide professional opinions or legal advice specific to the facts and circumstances of your personal situation or your business and that your use of the Website and Materials does not create any fiduciary obligations on our part to you.

We provide all of our research Materials (including, but not limited to, the Materials found under the Compensation Research portion of the Website) (collectively, “Research Data”) for your general information purposes only, and you are not allowed to reproduce, make available, or otherwise provide Research Data to others except as provided for in the following sentence. Subject to these Terms, you may provide a link to the Research Data to share with others for non-commercial purposes, including, through social media and other third-party operated services via share buttons included on the page that includes the Research Data (e.g., Facebook, LinkedIn, Twitter, or Instagram Share button). Simply put, don’t download and re-upload Payscale content to your website.

If the Website or Material is directed to an individual and not a business or employer (including, but not limited to, the Materials found under the For You and Get Your Pay Report portions of the Website), such Website or Material is intended for personal use by an individual only (collectively, “Consumer Data”). If you use or access any Consumer Data, you hereby represent and warrant to us that: (a) you are using all Consumer Data solely for your own personal use and not for any business, research, or other commercial purpose (unless we provide our written consent); (b) you are not a human resource specialist, researcher, manager, employee or contractor of a Payscale competitor, or other similar employee of a business or organization that is accessing or using the Consumer Data for use in your job duties or for the benefit of your employer or organization; (c) you will not use the Consumer Data for commercial or litigation purposes; and (d) you will not aggregate, redistribute, or otherwise transmit all or any part of the Consumer Data to any other individual or entity (unless otherwise agreed by Payscale in writing).

If the Website or Material is directed to employers (including, but not limited to, the Materials found under the For Your Business portion of the Website), such Website or Material is provided for general information only and for an organization’s internal business purposes only (collectively, “Employer Data”). You hereby represent and warrant that: (i) you are using the Employer Data solely for your own internal business use only to manage the compensation and benefits of the employees of your business or organization; (ii) you will not use the Employer Data for commercial purposes; and (iii) you will not aggregate, redistribute, or otherwise transmit or share the Employer Data to any other individual or entity (unless otherwise agreed by Payscale in writing).

User Content

You are solely responsible for your account information, content, data, and other information you supply while doing a survey, evaluating a job offer, exploring a job for another, posting comments, sending messages, or performing other activity on or through our Website or Materials (collectively, “User Content”).

By providing or posting any User Content, you hereby automatically grant us an irrevocable, perpetual, royalty-free, non-exclusive, fully paid, sublicenseable (through multiple tiers), and worldwide permission, right (including, any moral rights), and license to use, access, copy, perform, store, display, delete, distribute, modify, and otherwise process such User Content and to create derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses thereof. Also, by submitting or providing us any suggestions or other feedback regarding the Website or Materials (collectively, “Feedback”), you agree that we can use, modify, and share (but do not have to) such Feedback for any purpose without compensation to you. In addition, you represent and warrant that you have the right to grant us the foregoing permissions, rights, and licenses.

All User Content or other information submitted to us directly through a Website or Material or indirectly through a third-party’s site, app, or service is subject to our Privacy Policy. You understand that it is part of our business model to aggregate and publish statistics on compensation-related data on our Website and other Materials, including, without limitation, to develop Research Data and Payscale Crowdsourced Data. As such, we reserve the right to use (or not use) any of your User Content in our sole discretion. Our use of User Content will be subject to these Terms, our Privacy Policy, and applicable laws and regulations.

User Conduct

We expect you and other users to use the Website and Materials appropriately. You are responsible for your conduct, your User Content, your communications with us or others, or your other activity while using the Website and Materials.

In general, while using or accessing a Website or any Materials, you agree to:

• Comply with these Terms and our Acceptable Use Policy (TL;DR: don’t use our Website or Materials in a way that harms us, our systems, our customers, or others);
• Follow all applicable local, state, national and international laws and regulations;
• Ensure that you have the right to submit, post, or provide any User Consent;
• Take responsibility for all acts that occur under your Payscale account, including any User Content transmitted or posted from your Payscale account; and
• Keep your User Content within the convention of good taste.

In addition, if your use of the Website or Materials requires you to comply with industry-specific regulations applicable to such use, you will be solely responsible for such compliance. You may not use the Website or Materials in a way that would subject us to those industry-specific regulations without obtaining our prior written agreement.

If we believe that you have not complied with these Terms, we reserve the right to (but do not have an obligation to):

• monitor any of your activity or User Content posted, displayed, or associated with any Website or Material to ensure your compliance with these Terms;
• investigate any reported violation of these Terms or other complaints and we may take any action that we deem appropriate (including, issuing warnings, suspending or terminating your access to a Website or Material, or removing your User Content without notice or refund);
• require you to change your login information; or
• release your identifying information to law enforcement, government agencies, our attorneys, and any individuals mentioned in your postings, as well as take legal action against you.

Termination

We may in our discretion decide to stop providing all or any part of the Website or Materials at any time. If we discover or believe that you have violated any of these Terms or are causing harm to us, other users, or our systems, then we may terminate your use of or access to the Website or Materials by deactivating your Payscale account, blocking your ability to access the Website or Materials, take any of the actions described in the User Conduct section above, or other actions we deem appropriate. On termination, you lose the right to access or use the Website and Materials. The following will survive termination:

• Our right to use the User Content you submit as a part of a survey that have been incorporated into the aggregated and anonymized salary database (including, but not limited to, Payscale Crowdsourced Data);
• Our rights to use and disclose your Feedback;
• Our right and the right of other users and visitors to re-share your User Content you shared, posted, or provided through the Website or Materials to the extent copied or re-shared prior to termination; and
• The tediously important section of these Terms below.

Payscale Products for Businesses

If you are a business or organization that uses any of our products subject to a separate written agreement with us, your use of such products described in such agreement will be subject to that agreement.

Third-Party Sites and Services

Certain links on the Websites may take you to third-party sites and certain pages of the Website or Materials include buttons that allow you to share Materials to others through a third-party site, app, or service (e.g., Facebook, LinkedIn, Twitter, or Instagram Share buttons) (collectively, “Third-Party Services”). We provide access to these Third-Party Services only as a convenience to you and our inclusion of such Third-Party Services on or through our Website or Materials does not imply any warrant or endorsement of the Third-Party Services or its operator. You are responsible for deciding if you want to access or use Third-Party Services. Third-Party Services have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. We are not responsible for these Third-Party Services.

Payscale Syndication Center

We offer the PayScale Syndication Center for career-related sites and blogs. The use of the tools, content, data, and other information provided as part of the Payscale Syndication Center portion of the Website is provided subject to these Terms and the terms of use set out here.

Tediously important: (TL;DR: To enable us to offer you the Website and Materials for no charge or a limited fee, below are contract terms that limit our potential liability if something goes wrong and protect our property):

Intellectual Property Notice

Except for the names, logos, or products of other companies mentioned on our Website or any Material, all Materials and other Website content, including, but not limited to, Research Data, Consumer Data, Employer Data, our name, marks, and logos, and a Website’s look, feel, text, pictures, data, format, materials, graphics, sound files, and other files, constitute the intellectual property of Payscale or its licensors. Payscale reserves all its intellectual property rights in and to the Website and all Materials (including, but not limited to, any modification or improvements thereto or derivative works thereof). Your use of the Website and Materials does not give you any ownership in our Website and Materials. Trademarks and logos used in connection with the Website and Materials are the trademarks of their respective owners. Unless expressly stated in these Terms or elsewhere on a Website or Material, and only to the extent explicitly outlined, none of the Materials (or any of its components) or other Website content may be copied, used, reproduced, distributed, republished, downloaded, displayed, posted, transmitted, or framed in any form or by any means, without our prior written consent or the respective intellectual property owner. Additionally, you may not use any metatags or any other hidden text using our intellectual property without our prior written consent. For information on use of Payscale’s brand assets, please review our Guidelines.

Disclaimers of Warranties

WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL REPRESENTATIONS AND WARRANTIES PERTAINING TO THE WEBSITES AND MATERIALS. YOU AGREE THAT THE USE OF THE WEBSITE AND ALL MATREIALS IS AT YOUR SOLE RISK. WE PROVIDE ALL WEBSITES AND MATERIALS ON AN “AS IS” AND “AS AVAILABLE” BASIS AND “WITH ALL FAULTS,” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND (EXPRESS, IMPLIED, OR STATUTORY) (INCLUDING, BUT NOT LIMITED TO, WARRANITES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY OF DATA). Further, there is no warranty that the Website or Materials will meet your needs or requirements. We make no warranties or representations, express or implied, (a) that the Website and Materials will be free from error, omission, interruption, defect, or delay in operation, or from technical inaccuracies or typographical errors; (b) that the Website and Materials will be available at any specific time or location; (c) that defects or errors in the Website and Materials will be corrected; or (d) that the Website and Materials are free of viruses or other harmful components. No opinion, advice, or statement of Payscale or its affiliates, directors, officers, agents, employees, representatives, partners, licensors, customers, or Website visitors, whether made on the Website, Materials, or otherwise, shall create any warranty of any kind.

Limitation and Exclusion of Liability

YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PAYSCALE NOR ITS AFFILIATES, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, PARTNERS, OR LICENSORS ARE RESPONSIBLE OR LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND WHATSOEVER, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITIY OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE, MATERIALS, OR ANY INFORMATION, CONTENT, DATA, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE AND MATERIALS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE LIABILITY OF PAYSCALE AND ITS AFFILIATES OR OTHERS THAT PAYSCALE WORKS WITH TO PROVIDE THE WEBSITE AND MATERIALS EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO PAYSCALE, IF ANY, TO ACCESS THE WEBSITE OR MATERIALS DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO THE CLAIM; AND (B) FIVE HUNDRED UNITED STATES DOLLARS ($500 USD).

YOU FURTHER UNDERSTAND AND AGREE THAT PAYSCALE AND ITS AFFILIATES ARE NOT LIABLE FOR THE CONDUCT OF THIRD-PARTIES, INCLUDING, BUT NOT LIMITED TO, OTHER USERS OF THE WEBSITE OR MATERIALS AND PROVIDERS OF THIRD-PARTY SERVICES, AND THAT THE RISK OF ACCESSING OR USING THE WEBSITE AND MATERIALS, AND OF HARM FROM THE FOREGOING, RESTS ENTIRELY WITH YOU.

THIS LIMITATION AND EXCLUSION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND PAYSCALE AND WILL APPLY TO ALL CLAIMS OF LIABILITY EVEN IF THESE REMEDIES FAIL IN THEIR ESSENTIAL PURPOSE. SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.

Dispute Resolution

PLEASE READ THIS “DISPUTE RESOLUTION” SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH PAYSCALE AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS PROVISION IS NOT INTENDED TO PROVIDE A DETAILED EXPLANATION OF ARBITRATION. YOU SHOULD TAKE REASONABLE STEPS TO RESEARCH AND CONSULT WITH OTHERS REGARDING ARBITRATION BEFORE DECIDING TO ACCESS AND USE THE WEBSITE OR MATERIALS, WHICH IS SUBJECT TO YOUR AGREEMENT TO THESE TERMS, INCLUDING, THIS “DISPUTE RESOLUTION” SECTION.

Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties. You hereby agree to waive bringing the foregoing type of proceedings against us. If for any reason a claim proceeds in court rather than in arbitration, you and Payscale agree to waive any right to a jury trial.

Any dispute or claim brought by you against us relating in any way to the Website or Materials, including, but not limited to, your access and use of the Website or Materials, will be resolved by binding arbitration, rather than in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow these Terms as a court would. The Federal Arbitration Act and federal arbitration law apply to these Terms. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, CT Corporation System, 711 Capitol Way South, Ste. 204, Olympia, WA, 98501, United States. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You agree to have the arbitration conducted by telephone, based on written submissions, or in person in King County, Washington.

Intellectual Property Complaints

If you believe that your work has been copied in a way that constitutes intellectual property infringement, to help us investigate and resolve the issue, please provide the following information, in writing by email, to our Legal Department ([email protected]):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• A description of the work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located within the Website (e.g., the URL);
• Information reasonably sufficient to permit Payscale to contact you, such as address, telephone number, and, if available, an e-mail address at which you may be contacted;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law; and
• A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that this procedure is only for notifying us that you believe that your intellectual property has been infringed. Inquiries not relevant to an intellectual property infringement claim may not receive a response.

General Legal Terms

By accessing a Website or Materials, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of Washington, without regard to principles of conflict of laws, will govern these Terms and any dispute, of any sort, that might arise between you and Payscale. You agree that we will be entitled to injunctive or other equitable relief, in additional to monetary damages, if you breach any of these Terms, and that we may seek performance or an injunction in any court of competent jurisdiction and will not be obligated to arbitrate as described in the Dispute Resolution section to pursue such relief. You agree that your sole remedy for Payscale’s breach of these Terms is to discontinue your access and use of the Website and Materials. Payscale’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. If an arbitrator or court with authority over these Terms finds any part of it not enforceable, you and Payscale agree that the arbitrator or court (as the case may be) should modify these Terms to make that part enforceable while still achieving its intent. If the arbitrator or court cannot do that, you and Payscale agree to ask the arbitrator or court to remove that unenforceable part and still enforce the rest of these Terms. We may assign these Terms, in whole or in part, at any time, with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense your rights, if any, under these Terms.

These Terms constitute the entire agreement between you and Payscale concerning your access and use of the Website and Materials and supersedes any prior agreements between you and Payscale with respect to the Website and Materials, including, but not limited to, the previous version of these Terms found here.

Payfactors Starter

These Payscale Payfactors® Starter Terms of Use (“Terms”), along with the Website Terms of Use above (together, the “Agreement”), effective as of the date Customer agreed to by the Customer (“Effective Date”), are by and between Payscale, Inc. (“Payscale”) and the party accepting the Agreement (“Customer”) and govern Customer’s use of the Services (as defined below). The Agreement may be updated or modified at any time.

Services

During the Term, Customer shall have the right to access and use Payscale’s Payfactors Starter services (“Services”). The Services permit Customer to price a limited number of jobs per year during the Term using data supplied by Payscale in the Services (“Payscale Data”). The Services include Payscale Data. The number of jobs available will be displayed in the Services, and Payscale may adjust the total number of jobs available through the Services at renewal.

Intellectual Property

The Services, including, without limitation, Payscale Data, are the intellectual property of Payscale and are protected by United States and international intellectual property laws and treaties. Payscale retains all right, title, and interest in the Services, and, except as expressly granted in this Agreement, no license, right or interest in any Payscale intellectual property is granted to Customer. To the extent Customer or its personnel may acquire any right or interest by operation of law, Customer irrevocably assigns all such right and interest exclusively to Payscale. To the extent Customer uploads its data into the Services (“Customer Data”), Customer acknowledges and grants to Payscale a license and right to host, access, process, display, copy, transmit, modify, create derivative works of, and otherwise use Customer Data in order to fulfill its obligations to Customer, including to maintain, secure, evaluate, develop, and improve the Services and research and report on trends. Payscale further agrees that Payscale may use Customer Data to produce an aggregated data source (“Aggregated Data Source”), so long as Customer Data is aggregated, deidentified, and validated prior to inclusion in the Aggregated Data. Aggregated Data is part of the Services. Payscale may use artificial intelligence (“AI”), including generative AI, in the development or operation of the Services, including to train models using data uploaded by the Customer, and consents to this usage.

Fees

Customer will pay all fees specified during the sign up process. Fees shall be in United States dollars unless otherwise identified. Payment obligations are non-cancelable, and fees paid are non-refundable. Fees shall be paid in full and in advance annually. Invoices will be sent to the email address on file in the Customer’s account, and Customer shall keep this information up to date. Payment is due immediately after the date Customer receives the invoice. Late payments shall be subject to an interest charge of 1.5% of the outstanding balance per month, and Payscale shall suspend Customer’s access to the Services. If an undisputed (in good faith) invoice remains unpaid thirty days after the due date, Payscale may refer collection of unpaid amounts to an attorney or collections agency, and Customer shall pay Payscale’s attorneys fees or collections agency fees, and Payscale shall not be obligated to reinstate the Services.

Term and Termination

Customer’s subscription for the Services will begin on the Effective Date and terminate one year from the Effective Date, unless terminated earlier according to this Agreement (“Term”).  The Servies will auto-renew at the one-year anniversary of the Effective Date (Renewal Date), unless Customer turns off auto-renew in the settings thirty days prior to the Renewal Date. In addition, either Party may terminate this Agreement immediately by providing written notice and a thirty day window to cure in the event the other Party commits a material breach of this Agreement. Upon any termination of the Agreement, Customer shall immediately cease all use of the Services, including the use of any Payscale Data, and all passwords and access will be revoked.

Accounts & Authorized Users

During the Term, Customer will receive one Payscale account. Each Account will permit a designated number of Users (as defined below) to access the Services and to store one set of system preferences and data search-lists. The Services may be used only by a Customer director, officer, employee or contractor, solely on behalf of Customer (“User”). Customer acknowledges that Payscale may monitor Customer’s use of the Services to ensure that it remains in compliance with this Agreement for the duration of the Term. Customer shall be responsible for all actions of a User with respect to any of the Services and any breach by a User of this Agreement shall constitute a breach by Customer. Payscale Connect, which is accessible through the Services, will be available for Customer as the sole support resource during the term. Customer’s sole remedy with respect to any nonconforming services shall be to terminate the Services.

Usage Restrictions

Users may access the Services only in connection with the internal operations of Customer’s business. Customer and its Users may not: (a) reverse engineer, decompile or disassemble the Services, including Payscale Data, or any Payscale software, code or any of their respective elements; (b) copy, alter, modify, adapt, translate or create derivative works from the Services or any portion of thereof; (c) disclose the Services to any third-party (other than third-party consultants operating solely on behalf of Customer); (d) remove or alter any copyright, trademark or other proprietary notices from the Services; (e) use the Services to develop or engage in the business of selling compensation planning software,  compensation data, or any activity competitive with Payscale or (f) use the Services in violation of anti-trust law.

Warranties

Each party represents and warrants to the other party that (i) it has full right, power and authority to execute and deliver this Agreement and to perform its obligations hereunder; and (ii) the performance, execution and delivery of this Agreement does not violate any of either party’s agreements, organizational documents or obligations. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WARRANTIES SET FORTH IN THIS SECTION 5 ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS OF QUALITY, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PAYSCALE DOES NOT WARRANT THE ACCURACY, ADEQUACY, COMPLETENESS, OR TIMELINESS OF THE SERVICES OR THE PAYSCALE DATA. To the extent any warranty claim is not waived, Payscale’s sole and exclusive obligation for warranty claims shall be, at Payscale option, to make the relevant Services operate as warranted or to terminate the Agreement.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR LIABILITY ARISING UNDER SECTIONS 3, 4, 8, 9 AND 10, IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY IN CONTRACT, TORT, OR OTHERWISE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS, REVENUE OR DATA) OR PUNITIVE DAMAGES ARISING OUT OF ANY PROVISION OF THIS AGREEMENT, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT WILL PAYSCALE’S LIABILITY EXCEED $10,000.

Confidentiality

Customer acknowledges that the Services (including, without limitation, Payscale Data) constitute sensitive data and property with intellectual property rights of substantial value to Payscale. Each Party agrees (i) not to use any non-public information that is reasonably expected to be confidential (collectively, “Confidential Information”) for any purpose other than as expressly permitted under this Agreement, (ii) not to disclose any Confidential Information to any third party without the prior written consent of the other Party and (iii) to take commercially reasonable security measures to prevent the unauthorized use, duplication, or distribution of the Confidential Information at least equal to that which the Party uses to protect its own confidential information. A party may disclose the other party’s Confidential Information if required by any judicial or government requirement or order, provided, however, that such party will promptly notify the other party of any such requirement or order, and will cooperate with the other party to contest any such requirement or order.

Indemnification by Payscale

Payscale will defend, indemnify, and hold harmless Customer against all liabilities, damages, losses, claims and expenses, including reasonable attorneys’ fees, incurred by Customer that arise from any third-party claim alleging that the Services infringes the United States copyright, trademark, or service mark rights of any third party (an “Indemnified Claim”), if Customer: (a) has used the Services in full compliance with this Agreement; (b) promptly notifies Payscale of the claim; (c) allows Payscale to have sole control of the defense and settlement of an Indemnified Claim (though Customer may participate in its own defense at its own expense); and (d) provides Payscale with the authority, information and assistance that Payscale deems reasonably necessary for the defense and settlement of the claim. Customer shall not consent to any judgment or decree or do any other act in compromise of any such claim without first obtaining Payscale’s written consent. If an Indemnified Claim is brought or credibly threatened, Payscale shall have the option, at its sole expense, to obtain for Customer the right to continue using the Services, or modify the Services so that they become non-infringing. The indemnity set forth in this Section shall be Customer’s sole and exclusive remedy for any intellectual property infringement claim arising out of Customer’s use of the Services.

Indemnification by Customer

Customer will defend, indemnify, and hold harmless Payscale against all liabilities, damages, losses, claims and expenses, including reasonable attorneys’ fees, incurred by Payscale that arise from Customer Data or any breach by Customer of this Agreement.

Miscellaneous

Neither party will assign the Agreement without the other’s written consent, which consent shall not be unreasonably withheld, conditioned, or delayed, except that either Party may assign this Agreement to an affiliate or to a successor to all or substantially all of its business or assets (whether through merger, stock sale, asset sale or other transaction). This Agreement shall comprise the entire agreement between Customer and Payscale with respect to the Services, and shall supersede all preceding agreements and proposals, whether oral, written, or otherwise. Terms and conditions of this Agreement are severable. If any provision is deemed illegal or unenforceable, all other provisions will remain in effect. This Agreement shall be governed and construed under the laws of the State of New York. In no event shall this Agreement be governed by the United Nations Convention on Contracts for the International Sale of Goods. The parties hereby irrevocably and unconditionally submit to the exclusive jurisdiction of the federal and state courts located in New York, New York for the purpose of any suit, action or other proceeding arising out of or based upon this Agreement. All required notices will be delivered by email to the address provided by Customer, and to Payscale, to [email protected]. Sections 4 (Usage Restrictions) and 7 (Confidentiality) will survive any termination of this Agreement.

Peer Hospitality

Affiliated Locations participating in the Peer Hospitality Network Exchange shall be governed by the agreement in place between the parent organization (“Customer”) and Payscale. If no agreement is in place, Payscale’s Master Subscription Agreement shall apply. Affiliated Users are also subject to the Documentation. “Affiliated Location” shall mean any individual hospitality organization or location that is being provided access to view the Peer Hospitality Exchange by the Customer.

Ecommerce Report Packs

The below terms, along with the Website Terms of Use, govern the use of the Services purchased by Customer.

Fees

Payscale offers report packs of Payscale Data (“Ecommerce Report Packs”). Ecommerce Report Packs are a Payscale Service (“Services”). Customer will pay all fees specified during the sign up process. Fees shall be in United States dollars unless otherwise identified. Payment obligations are non-cancelable, and fees paid are non-refundable. Fees shall be paid in full and in advance. If an undisputed (in good faith) amount remains unpaid thirty days after the due date, Payscale may refer collection of unpaid amounts to an attorney or collections agency, and Customer shall pay Payscale’s attorneys’ fees or collections agency fees, and Payscale shall not be obligated to reinstate the Services.

Intellectual Property

The Services, including, without limitation, Payscale Data, are the intellectual property of Payscale and are protected by United States and international intellectual property laws and treaties. Payscale retains all right, title, and interest in the Services, and, except as expressly granted in this Agreement, no license, right or interest in any Payscale intellectual property is granted to Customer. To the extent Customer or its personnel may acquire any right or interest by operation of law, Customer irrevocably assigns all such right and interest exclusively to Payscale.

Warranties

Each party represents and warrants to the other party that (i) it has full right, power and authority to execute and deliver this Agreement and to perform its obligations hereunder; and (ii) the performance, execution and delivery of this Agreement does not violate any of either party’s agreements, organizational documents or obligations. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WARRANTIES SET FORTH IN THIS SECTION 5 ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS OF QUALITY, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PAYSCALE DOES NOT WARRANT THE ACCURACY, ADEQUACY, COMPLETENESS, OR TIMELINESS OF THE SERVICES OR THE PAYSCALE DATA. To the extent any warranty claim is not waived, Payscale’s sole and exclusive obligation for warranty claims shall be, at Payscale option, to make the relevant Services operate as warranted or to terminate the Agreement.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR LIABILITY ARISING UNDER SECTIONS 3, 4, 8, 9 AND 10, IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY IN CONTRACT, TORT, OR OTHERWISE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS, REVENUE OR DATA) OR PUNITIVE DAMAGES ARISING OUT OF ANY PROVISION OF THIS AGREEMENT, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT WILL PAYSCALE’S LIABILITY EXCEED $1,000.

Confidentiality

Customer acknowledges that the Services (including, without limitation, Payscale Data) constitute sensitive data and property with intellectual property rights of substantial value to Payscale. Each Party agrees (i) not to use any non-public information that is reasonably expected to be confidential (collectively, “Confidential Information”) for any purpose other than as expressly permitted under this Agreement, (ii) not to disclose any Confidential Information to any third party without the prior written consent of the other Party and (iii) to take commercially reasonable security measures to prevent the unauthorized use, duplication, or distribution of the Confidential Information at least equal to that which the Party uses to protect its own confidential information. A party may disclose the other party’s Confidential Information if required by any judicial or government requirement or order, provided, however, that such party will promptly notify the other party of any such requirement or order, and will cooperate with the other party to contest any such requirement or order.

Indemnification by Payscale

Payscale will defend, indemnify, and hold harmless Customer against all liabilities, damages, losses, claims and expenses, including reasonable attorneys’ fees, incurred by Customer that arise from any third-party claim alleging that the Services infringes the United States copyright, trademark, or service mark rights of any third party (an “Indemnified Claim”), if Customer: (a) has used the Services in full compliance with this Agreement; (b) promptly notifies Payscale of the claim; (c) allows Payscale to have sole control of the defense and settlement of an Indemnified Claim (though Customer may participate in its own defense at its own expense); and (d) provides Payscale with the authority, information and assistance that Payscale deems reasonably necessary for the defense and settlement of the claim. Customer shall not consent to any judgment or decree or do any other act in compromise of any such claim without first obtaining Payscale’s written consent. If an Indemnified Claim is brought or credibly threatened, Payscale shall have the option, at its sole expense, to obtain for Customer the right to continue using the Services, or modify the Services so that they become non-infringing. The indemnity set forth in this Section shall be Customer’s sole and exclusive remedy for any intellectual property infringement claim arising out of Customer’s use of the Services.

Indemnification by Customer

Customer will defend, indemnify, and hold harmless Payscale against all liabilities, damages, losses, claims and expenses, including reasonable attorneys’ fees, incurred by Payscale that arise from Customer Data or any breach by Customer of this Agreement.

Miscellaneous

Neither party will assign the Agreement without the other’s written consent, which consent shall not be unreasonably withheld, conditioned, or delayed, except that either Party may assign this Agreement to an affiliate or to a successor to all or substantially all of its business or assets (whether through merger, stock sale, asset sale or other transaction). This Agreement shall comprise the entire agreement between Customer and Payscale with respect to the Services, and shall supersede all preceding agreements and proposals, whether oral, written, or otherwise. Terms and conditions of this Agreement are severable. If any provision is deemed illegal or unenforceable, all other provisions will remain in effect. This Agreement shall be governed and construed under the laws of the State of New York. In no event shall this Agreement be governed by the United Nations Convention on Contracts for the International Sale of Goods. The parties hereby irrevocably and unconditionally submit to the exclusive jurisdiction of the federal and state courts located in New York, New York for the purpose of any suit, action or other proceeding arising out of or based upon this Agreement. All required notices will be delivered by email to the address provided by Customer, and to Payscale, to [email protected]. Usage Restrictions and Confidentiality sections will survive any termination of this Agreement.

Contact Us

Payscale, Inc.

68 Harrison Ave
Ste 605 PMB 96140
Boston, MA 02111-1929
www.payscale.com
Last Updated: May 2025