These Terms of Service are effective on December 1, 2019.
By accessing or using the JobUnlocker website or any services or applications (including mobile applications) made available by JobUnlocker (together, the “Service”), however accessed, you agree to be bound by these Terms of Service (“Terms of Service”). The Service is owned or controlled by Encompass Partners (“JobUnlocker”,”we”, “us” or “our”). These Terms of Service affect your legal rights and obligations. We provide information subject to the Terms of Service. By accessing, viewing, using or purchasing materials from this web site, you agree to be bound by these Terms of Service. If you do not agree to be bound by all of these Terms of Service, do not access, submit information to, sign up for, make any purchases from this website, or use the Service.
The Terms of Service shall be binding on and inure to the benefit of the parties hereto. Each party will have all of the rights and remedies available at law and in equity to enforce its respective rights under the Terms of Service. Should any provision of the Terms of Service be declared or determined by any court of competent jurisdiction to be illegal, invalid, or unenforceable, the validity of the remaining parts, terms, or provisions shall not be affected thereby and any illegal, invalid, or unenforceable part, term, or provision shall be deemed not to be a part of the Terms of Service. In such event, the parties agree that the court may impose any lesser restrictions it considers appropriate to protect the interests of the parties, as may be applicable.
The Terms of Service shall remain in full force and effect until modified or terminated by JobUnlocker. JobUnlocker shall have the right to modify or terminate the Terms of Service in its sole discretion. The modified Terms of Service will take effect immediately upon notice provided to you by JobUnlocker, which may occur from JobUnlocker posting the modified Terms of Service to the Website. It is your sole responsibility to remain informed about any modifications to the Terms of Service.
ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND JOBUNLOCKER WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
- YOU MUST BE EIGHTEEN (18) YEARS OR OLDER AND HAVE LEGAL CAPACITY AND LEGAL COMPETENCY TO AGREE TO THE TERMS OF SERVICE, TO ACCESS THIS WEB SITE, OR USE THE SERVICE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEB SITE FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEB SITE, NO INFORMATION OBTAINED BY THIS WEB SITE, FALLS WITHIN THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT (COPPA) AND IS NOT MONITORED AS DOING SO.
- You represent that all information you provide or provided to JobUnlocker upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
- You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service. Additionally, none of the advice given or implied by JobUnlocker shall constitute legal advice or create an attorney-client relationship.
- You are solely responsible for your conduct via the Service.
- You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or JobUnlocker.
- You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any JobUnlocker page is rendered or displayed in a user’s browser or device.
- You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Service or any other JobUnlocker terms.
- Violation of these Terms of Service may, in JobUnlocker’s sole discretion, result in termination of your JobUnlocker account and access to JobUnlocker. You understand and agree that JobUnlocker cannot and will not be responsible for conduct of users of the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Service, or otherwise create risk or possible legal exposure for JobUnlocker, we can stop providing all or part of the Service to you.
- We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you.
- Upon termination, all licenses and other rights granted to you in these Terms of Service will immediately cease.
- We reserve the right, in our sole discretion, to change these Terms of Service (“Updated Terms”) from time to time. You agree that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Service and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms of Service will govern any disputes arising before the effective date of the Updated Terms.
- We reserve the right to refuse access to the Service to anyone for any reason at any time.
- You agree that JobUnlocker is not responsible or liable for the conduct of any user. JobUnlocker reserves the right, but has no obligation, to monitor or become involved in disputes between you and others. Exercise common sense and your best judgment when interacting with others, including when you contact any contacts provided by JobUnlocker.
- There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. JobUnlocker does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that JobUnlocker is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.
- You agree that you are responsible for all data charges you incur through use of the Service.
- Because JobUnlocker provides a content development service, we must be assured that we have the right to use the content that is used by Users to create Pages and other content. Such content may include, but is not limited to, photographs, videos, text, audio, and other materials. Whenever submitting content to our website, you agree that you are granting us a non-exclusive, universal, revocable, sublicensable, commercial and non-commercial right to publish the content on your behalf, which you may revoke by notifying us and giving us a reasonable time to cease publishing the content. You warrant to us that you have the right to grant us this right over the content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same.
- You must not post any documents, profiles, or other information that infringes on anyone’s copyright. If you believe that your copyright has been infringed, please send us a message to Support@JobUnlocker.com which contains:
- Your name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our website of the infringing copy.
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
- You must sign this notification and send it to Support@JobUnlocker.com. Since we request notification by e-mail, an electronic signature is acceptable.
- Although U.S. law does not provide for a similar procedure for trademark infringement, we recommend that you send us similar information to that above in regards to any allegation of trademark infringement, and we will address it as soon as practicable.
Disclosures, Rights, and Disclaimers
You agree to and acknowledge you have read and understand the following disclosures and disclaimers:
Use of company names referred to herein are trademarks or registered trade names of their respective companies or mark holders, and are displayed for descriptive purposes only. This website is not associated with, or endorsed by, any company with a job posting on JobUnlocker.
- Some of the Service may be supported by advertising revenue and may display advertisements and promotions, and you hereby agree that JobUnlocker may place such advertising and promotions on the Service. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
- You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
- You agree that JobUnlocker and its Affiliated Parties may use any User Content it receives in any way and in any medium it sees fit, including for advertising, promotion, and other commercial purposes. Accordingly, you hereby waive all rights and release JobUnlocker and its Affiliated Parties from, and shall not sue or bring any action or proceeding against JobUnlocker or its Affiliated Parties for, any claim, demand, or cause of action, whether known or unknown, for invasion of privacy, publicity, personality, or any related matter, defamation or similar causes of action, and any use(s) by JobUnlocker or its Affiliated Parties of User Content. You further agree that neither JobUnlocker nor its Affiliated Parties needs to obtain further permission from or approval by you for any use(s) of the User Content, and neither JobUnlocker nor its Affiliated Parties must compensate you for their use(s), individually or collectively, of the User Content.
- The Service contains content owned or licensed by JobUnlocker (“JobUnlocker Content”). JobUnlocker Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and JobUnlocker, JobUnlocker owns and retains all rights in the JobUnlocker Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the JobUnlocker Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the JobUnlocker Content.
- The JobUnlocker name and logo may not be copied, imitated or used, in whole or in part, without the prior written permission of JobUnlocker. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of JobUnlocker, and may not be copied, imitated or used, in whole or in part, without prior written permission from JobUnlocker.
- Although it is JobUnlocker ‘s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, JobUnlocker reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by JobUnlocker, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. JobUnlocker will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that content or other information may not be secure.
- JobUnlocker does not guarantee the accuracy or integrity of any material. Your reliance upon any material is solely your responsibility. You agree not to hold JobUnlocker or its Affiliated Parties liable for any perceived or actual damage or loss resulting from your reliance upon any material.
- You acknowledge and agree that your relationship with JobUnlocker is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place JobUnlocker in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of JobUnlocker, and JobUnlocker will not be liable for any use or disclosure of any Content you provide.
- It is JobUnlocker’s policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, JobUnlocker does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that JobUnlocker is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
- There are no refunds. In the event that JobUnlocker suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any unused products or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.
- Our company reserves all rights not expressly granted here.
Disclaimer of Warranties
THE SERVICE, INCLUDING, WITHOUT LIMITATION, JOBUNLOCKER CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER JOBUNLOCKER NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE ” JOBUNLOCKER PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE JOBUNLOCKER CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO JOBUNLOCKER OR VIA THE SERVICE. IN ADDITION, THE JOBUNLOCKER PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
THE JOBUNLOCKER PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE JOBUNLOCKER PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE JOBUNLOCKER PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE JOBUNLOCKER PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF SERVICE. BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
WE DO NOT PROMISE, GUARANTEE, OR IMPLY THAT THE USE OF OUR MATERIALS WILL GET YOU EMPLOYMENT, CAUSE YOU TO BE EMPLOYED, IMPROVE YOUR JOB SEARCH, OR GET RESPONSES FROM PROSPECTIVE EMPLOYERS. AS WITH ANY ACTIVITIES, SUCCESSFUL OR UNSUCCESSFUL USE OF OUR PRODUCTS OR MATERIALS WILL VARY WIDELY AMONG OUR CUSTOMERS DEPENDING ON MANY FACTORS, INCLUDING BUT NOT LIMITED TO, KNOWLEDGE AND SKILL SET, CREATIVITY, MOTIVATION, EXECUTION, LEVEL OF EFFORT, EXPERIENCE, INDIVIDUAL EXPERTISE, CAPACITY AND TALENTS, AND THE MARKET IN WHICH THEY COMPETE, AND AS SUCH WE DO NOT GUARANTEE YOUR SUCCESS. WE DO NOT GUARANTEE ANY RESULTS BASED ON THE INFORMATION YOU RECEIVE. PAST PERFORMANCE OR OTHER’S PERFORMANCE IS NO INDICATION OR GUARANTEE OF YOUR ANTICIPATED FUTURE RESULTS, AND INDIVIDUAL RESULTS MAY VARY. WE HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THE INFORMATION CONTAINED IN OUR MATERIALS, INCLUDING WITHOUT LIMITATION ALL EXPRESS, STATUTORY AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
THIS WEBSITE AND THE AUTHOR’S OPINIONS ARE SOLELY FOR INFORMATIONAL AND EDUCATIONAL PURPOSES. THE AUTHOR SPECIFICALLY DISCLAIMS ALL RESPONSIBILITY FOR ANY LIABILITY, LOSS, OR RISK, PERSONAL OR OTHERWISE, WHICH IS INCURRED AS A CONSEQUENCE, DIRECTLY OR INDIRECTLY, OF THE USE AND APPLICATION OF ANY OF THE CONTENTS OF THIS WEBSITE.
THE JOBUNLOCKER PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT. THIS WEBSITE AND THE PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE NOT ASSOCIATED, AFFILIATED, ENDORSED, OR SPONSORED BY ANY OF THE CORPORATIONS MENTIONED ON THE PAGES OF THIS WEBSITE, NOR HAVE THEY BEEN REVIEWED TESTED OR CERTIFIED BY ANY OF THE CORPORATIONS MENTIONED ON THE PAGES OF THIS WEBSITE.
Limitation of Liability; Waiver
UNDER NO CIRCUMSTANCES WILL THE JOBUNLOCKER PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE JOBUNLOCKER CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE JOBUNLOCKER PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE JOBUNLOCKER PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE JOBUNLOCKER PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE JOBUNLOCKER PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE PRICE PAID OR REPLACEMENT OF OUR PRODUCTS, AT OUR OPTION.
YOU HEREBY ASSUME ALL RISKS IN CONNECTION WITH YOUR PARTICIPATION IN THE JOBUNLOCKER PROGRAM AND/OR YOUR REGISTRATION FOR, USE OF, OR ACCESS TO THE WEBSITE. YOU AGREE, TO THE FULLEST EXTENT ALLOWABLE BY LAW, TO FULLY AND COMPLETELY WAIVE ANY CLAIM OF LIABILITY YOU MAY NOW HAVE OR HAVE IN THE FUTURE AGAINST JOBUNLOCKER AND ITS AFFILIATED PARTIES FOR ANY DAMAGES, OR ANY OTHER LOSS OR DAMAGE RESULTING FROM, IN CONNECTION WITH, OR INCIDENTAL TO YOUR REGISTRATION FOR, USE OF, OR ACCESS TO THE WEBSITE OR YOUR PARTICIPATION IN THE JOBUNLOCKER PROGRAM OR ANY PART THEREOF.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF JOBUNLOCKER’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE JOBUNLOCKER PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE JOBUNLOCKER PARTIES.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
JOBUNLOCKER IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
OUR COMPANY’S ENTIRE LIABILITY, AND THE PURCHASER’S EXCLUSIVE REMEDY, SHALL BE A REFUND OF THE PRICE PAID OR REPLACEMENT OF OUR PRODUCTS, AT OUR OPTION. WE LIMIT REFUND OR REPLACEMENT TO 30 DAYS. ALL REMEDIES ARE LIMITED TO THE UNITED STATES.
You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at JobUnlocker ‘s request), indemnify and hold the JobUnlocker Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities with the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Service; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by JobUnlocker in the defense of any claim. JobUnlocker reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of JobUnlocker.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED THE PRICE PAID OR REPLACEMENT OF OUR PRODUCTS, AT OUR OPTION.
Each party shall bear its own costs and attorneys’ fees incurred in discussions regarding the parties leading up to and including the preparation of the Terms of Service or a modification of the Terms of Service. If, however, any action at law or in equity is brought to enforce or interpret the provisions of the Terms of Service, the prevailing party in such action shall be entitled to recovery of reasonable attorneys’ fees and costs.
Except if you opt-out or for disputes relating to: (1) your or JobUnlocker’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); or (2) violations of the Terms of Service; you agree that all disputes between you and JobUnlocker (whether or not such dispute involves a third party) with regard to your relationship with JobUnlocker, including without limitation disputes related to these Terms of Service, your use of the Service, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes and you and JobUnlocker hereby expressly waive trial by jury. Neither you nor JobUnlocker will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if JobUnlocker is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either JobUnlocker or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Service.
You may opt out of this agreement to arbitrate. If you do so, neither you nor JobUnlocker can require the other to participate in an arbitration proceeding. To opt out, you must notify JobUnlocker in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this email address to opt out: Support@JobUnlocker.com and include the phrase, “Opt Out” in the subject line. You must include your name and residence address, the email address you use for the JobUnlocker Service, and a clear statement that you want to opt out of this arbitration agreement.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with JobUnlocker.
Time Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship with JobUnlocker must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Governing Law & Venue
These Terms of Service are governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action at law or in equity relating to the arbitration provision of these Terms of Service, or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with JobUnlocker exclusively in a state or federal court located in Los Angeles, California, and to submit to the personal jurisdiction of the courts located in Los Angeles County for the purpose of litigating all such disputes.
If any provision of these Terms of Service is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Service and will not affect the validity and enforceability of any remaining provisions. JobUnlocker’s failure to insist upon or enforce strict performance of any provision of these Terms of Service will not be construed as a waiver of any provision or right. No waiver of any of these Terms of Service will be deemed a further or continuing waiver of such term or condition or any other term or condition. JobUnlocker reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with JobUnlocker.
If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Service constitute the entire agreement between you and JobUnlocker and governs your use of the Service, superseding any prior agreements between you and JobUnlocker. You will not assign the Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of JobUnlocker. Any purported assignment or delegation by you without the appropriate prior written consent of JobUnlocker will be null and void. JobUnlocker may assign these Terms of Service or any rights hereunder without your consent. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Service and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Service remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Service. These Terms of Service do not confer any third-party beneficiary rights.
The information provided within the Service is not intended for distribution to or use by any person or entity outside of the United States in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject JobUnlocker to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that JobUnlocker provides.
Software related to or made available by the Service may be subject to United States export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to the Service or using this service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
The headings used in the Terms of Service are for convenience only. The headings in no way limit the scope of the Terms, and they have no legal effect.
The effective date of these Terms of Service is December 1st, 2019. These Terms of Service were written in English (US). To the extent any translated version of these Terms of Service conflicts with the English version, the English version controls. If you do not agree with the Terms of Service, you have the option to not participate in this offer. If you do not agree with and accept the Terms of Service, then you may NOT register for, use, or access the Website. If you have any questions regarding the Terms of Service please contact us at Support@JobUnlocker.com and include the phrase, “Terms of Service Questions” in the subject line.
Effective date: December 1st, 2019
Our Policy applies to all visitors, users, and others who access the Service (“Users” ,”you” or “your”).
Please read this entire Policy carefully before using this Site or providing us with any information. When you access or use this Site, you consent to the collection, use and disclosure of your information in accordance with this Policy. By providing personal information to the Site, all Users fully understand and consent to the collection, use and processing of such information by JobUnlocker, affiliates or third parties as set forth herein. If you do not agree to the terms of this Policy, you are not authorized to use the Site.
Users are welcome to browse our Site; however, in order to participate in some of our services, Users may be required to complete brief registration forms. These forms may or may not ask for personally identifiable information. When personally identifiable information is collected, it is subject to the terms of this Policy. Information entered by Users may be transmitted to affiliates and other third parties.
- INFORMATION WE COLLECT
We collect the following types of information.
We use third-party analytics tools to help us measure traffic and usage trends for the Service. These tools collect information sent by your device or our Service, including the web pages you visit, add-ons, and other information that assists us in improving the Service. We collect and use this analytics information with analytics information from other Users so that it cannot reasonably be used to identify any particular individual User.
Our company collects information in different ways from Visitors and Users who access the various parts of our Services and the network of Web sites accessible through our Service. We use this information primarily to provide a customized experience as you use our Products and Services, and generally, do not share this information with third parties. However, we may disclose personal information collected if we have received your permission beforehand or in very special circumstances, such as when we believe that such disclosure is required by law or other special cases described below.
Information for billing:
Users may be asked to provide certain personal information when you purchase a service including name, address, telephone number, billing information (such as a credit card number). The personal information collected from Users during the registration process is used to manage each User’s account (such as for billing purposes). This information is not shared with third parties, unless specifically stated otherwise or in special circumstances.
Personally Identifiable Information:
JobUnlocker collects personally identifiable information from our Users at several different points on our Site, including, without limitation, when Users provide it to us by (i) contacting us through e-mail, (ii) registering for use of the Site or (iii) submitting information through any forms, interactive features or services available on the Site.
Personally identifiable information may include, but is not limited to, your name, email address, mailing address, telephone number, e-mail address, Zip Code, or any other information which might reasonably be used to identify you individually. When other information is directly associated with personally identifiable information, this other information becomes personally identifiable information for purposes of this Policy. We collect this personally identifiable information when you, at any point, manually enter it into any online form available on the Site or voluntarily submit it to us in another manner. We may also store your personally identifiable information in our systems for use in other ways as described in this Policy.
In order for you to take full advantage of the Site you may be asked to voluntarily provide your personally identifiable information to us. You may choose not to provide us with your personally identifiable information by simply not entering it on the Site or not otherwise providing it to us. While you still will have access to the Site even if you do not provide us with your personally identifiable information, you should understand that you will not be able to use certain of the services or features available through the Site that require you to enter your personally identifiable information in order to function.
Information You Make Public.
The Service may contain features that permit You to upload, post, transmit, display, perform or distribute content, information or other, including Your Personally Identifiable Information. Any information that You choose to disclose by means of such features becomes public information over which JobUnlocker is unable to exercise control. You should exercise caution when deciding to disclose Your Personally Identifiable Information by means of such features, and You agree to assume all responsibility for doing so.
Cookies and similar technologies:
Cookies are small text files containing a string of characters that can be placed on your computer or mobile device that uniquely identifies your browser or device. We may use technologies like cookies, pixels and local storage to deliver, secure, and understand products, services, and ads.
Third Party Cookies and Pixels
First-party cookies are cookies that belong to JobUnlocker, third-party cookies are cookies that another party places on your device through our Service. Third-party cookies may be placed on your device by someone providing a service for JobUnlocker, for example to help us understand how our service is being used. Third-party cookies may also be placed on your device by our third-party vendors, including, but not limited to, Google, so that they can use them to advertise products and services to you elsewhere on the Internet. Advertisers and partners may also use their own cookies. We do not control use of these cookies and expressly disclaim responsibility for information collected through them.
As you browse JobUnlocker’s website, advertising cookies will be placed on your computer so that we can understand what you are interested in. Our display advertising then enables us to present you with retargeting advertising on other sites based on your previous interaction with JobUnlocker’s Website. The techniques our partners employ do not collect personal information such as your name, email address, postal address or telephone number.
You can opt-out of the Teracent cookie by visiting the Teracent opt-out page.
Log file information:
Log file information is automatically reported by your browser each time you make a request to access (i.e., visit) a web page or app. It can also be provided when the content of the webpage or app is downloaded to your browser or device.
When you use our Service, our servers automatically record certain log file information, including your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information. We may also collect similar information from emails sent to our Users which then help us track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Service.
When you use a mobile device like a tablet or phone to access our Service, we may access, collect, monitor, store on your device, and/or remotely store one or more “device identifiers.” Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by JobUnlocker.
A device identifier may deliver information to us or to a third party partner about how you browse and use the Service and may help us or others provide reports or personalized content and ads. Some features of the Service may not function properly if use or availability of device identifiers is impaired or disabled.
Metadata is usually technical data that is associated with User Content. For example, Metadata can describe how, when and by whom a piece of User Content was collected and how that content is formatted.
- HOW WE USE AND SHARE YOUR INFORMATION
We may share information about Users (whether or not personally identifiable) with third parties so that we can offer you a broader range of services and information to meet your needs. If you would prefer not to have your information shared with third parties, you may opt out by e-mailing Support@JobUnlocker.com.
Further, by registering on this Site, you agree that this act constitutes an inquiry and/or application for purposes of telemarketing laws, and notwithstanding that your telephone and/or cell number may be listed with the federal Do-Not-Call Registry you expressly opt-in to: (a) receive an offer or service from one or more of our partners or affiliates; (b) receive future information about products and services from us, our partners, affiliates and other third parties to whom we may provide your information; (c) permit us, our partners, affiliates and other third parties to contact you pursuant to the business relationship we have established using the information you provided to us for any purpose such as contacting you by e-mail address, phone and/or mobile phone number (including use of automated dialing equipment), text (SMS) message or any means of communication for any purpose that, among other things, your wireless device may be capable of receiving (e.g. mms, video etc. ). You may revoke authorization for us to contact you by such means at any time.
JobUnlocker and JobUnlocker’s marketing partners may use User Information to provide email marketing materials to users. JobUnlocker and JobUnlocker’s marketing partners may maintain separate email lists for different purposes. If email recipients wish to end their email subscription from a particular list, they need to follow the instructions at the end of each email message to unsubscribe from the particular list.
– help you efficiently access your information after you sign in
– remember information so you will not have to re-enter it during your visit or the next time you visit the Service;
– provide personalized content and information to you and others, which could include online ads or other forms of marketing
– provide, improve, test, and monitor the effectiveness of our Service
– develop and test new products and features
– monitor metrics such as total number of visitors, traffic, and demographic patterns
– diagnose or fix technology problems
What happens in the event of a change of control:
If we sell or otherwise transfer part or the whole of JobUnlocker or our assets to another organization (e.g., in the course of a transaction like a merger, acquisition, bankruptcy, dissolution, liquidation), your information such as name and email address, User Content and any other information collected through the Service may be among the items sold or transferred.
Responding to legal requests and preventing harm:
We may access, preserve and share your information in response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We may also access, preserve and share information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations. Information we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.
- HOW WE STORE YOUR INFORMATION
Storage and Processing:
Your information collected through the Service may be stored and processed in the United States or any other country in which JobUnlocker, its Affiliates or Service Providers maintain facilities.
JobUnlocker, its Affiliates, or Service Providers may transfer information that we collect about you, including personal information across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.
We use commercially reasonable safeguards to help keep the information collected through the Service secure, however, JobUnlocker cannot ensure the security of any information you transmit to JobUnlocker or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed. While we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “Hackers” from illegally obtaining this information.
Please do your part to help us. You are responsible for controlling access to emails between you and JobUnlocker, at all times. Your privacy settings may also be affected by changes the social media services you connect to JobUnlocker make to their services. We are not responsible for the functionality, privacy, or security measures of any other organization.
- CREDIT CARD ORDERS
When ordering through our Web site, all of your credit card details are handled by Stripe. None of your credit card information is transmitted to us, and none is stored on our web servers or any other machines of ours that can be accessed through the Internet.
- YOUR CHOICES ABOUT YOUR INFORMATION
Your account information and profile/privacy settings:
Unsubscribe from email communications from us by clicking on the “unsubscribe link” provided in such communications. Alternatively, you may unsubscribe by emailing JobUnlocker at Support@JobUnlocker.com and include the phrase, “Unsubscribe” in the subject line. As noted above, you may not opt out of Service-related communications (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices).
If you have any questions about reviewing or modifying your account information, please contact us directly at Support@JobUnlocker.com and include the phrase, “Account Information” in the subject line.
Opt out of Sharing:
This Policy describes JobUnlocker’s uses of your information. If you do not agree to our uses of your personally identifiable information as we have described in this Policy, you are not required to provide that information to us. You understand that consent to be contacted is not a condition of application or registration If you would like to opt-out from the disclosure of your personal information to any third party for marketing purposes, please send an email to Support@JobUnlocker.com and please include the phrase “Privacy Opt-Out” in the subject line, the domain name of the Web site you are inquiring about, along with your name, phone number, address, and email address.
You may review, update and delete any personal information that you have provided to us through this Site by sending an email to Support@JobUnlocker.com and including the phrase “Data Changes” in the subject line.
How long we keep your User Content:
Following termination or deactivation of your account, JobUnlocker, its Affiliates, or its Service Providers may retain information (including your profile information) and User Content for a commercially reasonable time for backup, archival, and/or audit purposes.
If you have any questions about termination or deactivation of your account, please contact us directly at Support@JobUnlocker.com and include the phrase, “Deactivation” in the subject line.
- CHILDREN’S PRIVACY
JobUnlocker does not knowingly collect or solicit any information from anyone under the age of 18 or knowingly allow such persons to register for the Service. The Service and its content are not directed at children under the age of 18. In the event that we learn that we have collected personal information from a child under age 18 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 18, please contact us at Support@JobUnlocker.com and include the phrase, “Under 18″ in the subject line.
- CALIFORNIA LAW
Notice of Compliance to California Residents. Your California Privacy Rights under The California Online Privacy Protection Act and the California Business and Professions Code.
For the purposes of this policy and California compliance the following definitions apply:
Under California Law SB 27, California residents have the right to receive, once a year, information about third parties with whom we have shared information about you or your family for their marketing purposes during the previous calendar year, if any, and a description of the categories of personal information shared. To make such a request, please send an email to Support@JobUnlocker.com and include the phrase “California Privacy Request” in the subject line, the domain name of the Web site you are inquiring about, along with your name, address and email address. We will respond to you within thirty days of receiving such a request. You may also submit a request at the following mailing address: Encompass Partners, 2450 Colorado Avenue Suite 100E. Santa Monica, CA. 90404.
If you are a resident of the State of California and would like to opt-out from the disclosure of your personal information to any third party for marketing purposes, please send an email to Support@JobUnlocker.com and include the phrase “California Privacy Opt-Out” in the subject line, the domain name of the Web site you are inquiring about, along with your name, phone number, address, and email address.
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about JobUnlocker must be addressed to our agent for notice and sent via certified mail to: Encompass Partners, 2450 Colorado Avenue Suite 100E. Santa Monica, CA. 90404.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
JobUnlocker will only show non-personalized ads to eligible users in California. Non-personalized ads are based on contextual information, such as the content of your site or app.
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