Terms of Service

1. Nature of the Platform

The Separation Index is a public accountability platform that aggregates and publishes user-submitted reports about employer separation practices, WARN Act filings, layoff events, and severance experiences. We are the operator of an interactive computer service, not the author of any individual report. All reports reflect the opinions and experiences of the individuals who submitted them, not the views of The Separation Index or its operators. We may use automated technologies, including algorithmic scoring and machine learning, to process, analyze, and display user-submitted content.

2. Section 230 and Anti-SLAPP Notice

The Separation Index is an interactive computer service as defined under Section 230 of the Communications Decency Act (47 U.S.C. § 230). We are not the publisher or speaker of any user-submitted content and are not liable for content submitted by users. Users who submit content are solely responsible for that content and any legal consequences arising from it. Additionally, California's anti-SLAPP statute (Cal. Civ. Proc. Code § 425.16) protects free speech and petition rights. Any party that brings a meritless legal action against The Separation Index arising from the exercise of free speech or petition rights may be required to pay our attorneys' fees and costs.

3. Eligibility

You must be at least 18 years of age to use this Platform. By using the Platform, you represent and warrant that you meet this requirement and that you have the legal capacity to enter into these Terms. You may not use the Platform if we have previously banned or suspended your access.

4. User-Submitted Content

By submitting a report, review, or any other content to the Platform, you represent that: (a) the content is based on your genuine, firsthand experience; (b) the content is truthful and accurate to the best of your knowledge; (c) the content does not contain false statements of fact presented as fact; (d) the content does not include personally identifiable information about private individuals without their consent; and (e) you own or have the right to submit the content. You grant The Separation Index a worldwide, royalty-free, perpetual, assignable, sublicensable, transferable license to use, display, distribute, reproduce, modify, adapt, create derivative works from, and otherwise exploit your submitted content in connection with operating and improving the Platform, including for algorithmic scoring, data analysis, quality control, and machine learning purposes.

5. Prohibited Conduct

You may not use the Platform to: submit knowingly false or fabricated reports; harass, defame, or threaten any individual; submit content on behalf of a competitor with the intent to harm a company's reputation; attempt to manipulate scores or rankings through coordinated inauthentic activity; offer or accept compensation in exchange for posting, modifying, or removing any report; scrape, copy, or redistribute Platform data without written permission; use any automated means to access or query Platform data except as expressly permitted; or attempt to reverse-engineer, disable, or interfere with Platform infrastructure or security features.

6. Opinions, Disclaimers, and Limitations

THE PLATFORM AND ALL CONTENT ARE PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE SEPARATION INDEX MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, COMPLETENESS, ACCURACY, OR RELIABILITY OF ANY SCORE, RATING, RANKING, OR REPORT. ALL SCORES AND RATINGS ARE OPINIONS DERIVED FROM USER-SUBMITTED DATA AND ALGORITHMIC PROCESSING — THEY ARE NOT STATEMENTS OF OBJECTIVE FACT. THE SEPARATION INDEX DOES NOT MONITOR, CONTROL, OR VET ALL USER-SUBMITTED CONTENT. YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK. COMPANIES SHOULD NOT RELY ON SCORES AS A LEGAL ASSESSMENT OF THEIR EMPLOYMENT LAW COMPLIANCE.

7. Company Dispute Rights

Companies that believe a report contains false statements of verifiable fact — not mere negative opinions — may initiate a dispute through our formal Dispute Process at theseparationindex.com/dispute. We review disputes in good faith but are not obligated to remove content that constitutes protected opinion under applicable law. We will not remove content based on legal threats, demand letters, or DMCA notices that misidentify opinion as copyrightable content.

8. Intellectual Property

All Platform content, design, scoring methodology, and branding including "The Separation Index," "The Respect Index," "Separation Score," and associated marks are owned by or licensed to The Separation Index and are protected by applicable intellectual property law. You may not reproduce, distribute, or create derivative works without express written permission. Nothing in these Terms grants you any right to use our trademarks, logos, or trade names.

9. Indemnification

You agree to indemnify, defend, and hold harmless The Separation Index and each of its respective parents, subsidiaries, affiliates, related companies, suppliers, licensors, partners, officers, directors, employees, agents, contractors, and representatives (collectively, the "Separation Index Parties") from and against any and all third-party claims, actions, demands, losses, damages, costs, liabilities, and expenses (including but not limited to attorneys' fees and court costs) arising out of or relating to: (i) your access to or use of the Platform, including any content you submit; (ii) your violation of these Terms; (iii) your breach of any representation or warranty made herein; or (iv) the infringement by you, or any third party using your account or submission, of any intellectual property or other right of any person or entity. The Separation Index reserves the right, at your expense, to assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with that defense.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SEPARATION INDEX PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR RELIANCE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING FROM YOUR USE OF OR INABILITY TO USE THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SEPARATION INDEX PARTIES' MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CLAIM SHALL NOT EXCEED THE GREATER OF (i) THE AMOUNT PAID BY YOU TO THE SEPARATION INDEX IN THE 12 MONTHS PRECEDING THE CLAIM, OR (ii) $100. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE PLATFORM IS TO DISCONTINUE USE.

11. Arbitration, Class Action Waiver, and Jury Trial Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Platform ("Claim") shall be resolved by final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, except as otherwise provided herein. The Federal Arbitration Act governs the interpretation and enforcement of this section. Arbitration shall be conducted in Orange County, California. The parties may choose to participate by phone, written submission, or in person.

CLASS ACTION WAIVER. YOU AND THE SEPARATION INDEX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

JURY TRIAL WAIVER. YOU AND THE SEPARATION INDEX EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY FOR ANY CLAIM ARISING UNDER THESE TERMS OR RELATED TO YOUR USE OF THE PLATFORM.

Exceptions. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect intellectual property rights or prevent irreparable harm. Claims within the jurisdiction of small claims court may be brought there on an individual basis.

Statute of Limitations. ANY CLAIM ARISING UNDER THESE TERMS MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE THE CLAIM ACCRUED. CLAIMS NOT BROUGHT WITHIN THIS PERIOD ARE PERMANENTLY BARRED.

Severability. If the class action waiver is found unenforceable for a particular claim, that claim shall proceed in court and not in arbitration. All other provisions of this section remain in full force.

12. Governing Law

These Terms are governed by the laws of the State of California without regard to conflict of law principles. For any claims not subject to mandatory arbitration, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Orange County, California.

13. Severability

If any provision of these Terms is found to be unenforceable or invalid by an arbitrator or court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or eliminated if modification is not possible, and the remaining provisions of these Terms shall continue in full force and effect.

14. Modifications

We reserve the right to modify these Terms at any time. We will post the revised Terms with an updated effective date. Your continued use of the Platform after changes are posted constitutes acceptance of the revised Terms. Material changes will be announced via the Platform. If you do not agree to revised Terms, you must discontinue use of the Platform.

15. Entire Agreement

These Terms, together with the Privacy Policy and Community Guidelines, constitute the entire agreement between you and The Separation Index regarding your use of the Platform and supersede all prior agreements on such subject matter. No failure by The Separation Index to exercise any right or provision of these Terms constitutes a waiver of that right or provision. These Terms are not assignable by you without our prior written consent but may be assigned by us without restriction.

16. Contact

Questions about these Terms may be directed to: legal@theseparationindex.com