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Terms of Services

Jobgenic – Terms of Service

Effective Date: April 25th 2021

 

1.     Agreement. Welcome to Jobgenic LLC.  Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). 

 

These Terms of Service (the “Terms”) are a binding contract between you and Jobgenic LLC (“Jobgenic,” “we,” “our” and “us”).   You must agree to and accept all of the Terms, or you don’t have the right to use the Services.  Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. 

 

2.     Dispute Resolution. PLEASE NOTE THAT, EXCEPT AS PROVIDED BELOW, THESE TERMS REQUIRE RESOLUTION OF DISPUTES THROUGH USE OF AN ARBITRATION SERVICE. YOU HEREBY AGREE THAT ALL DISPUTES ARISING FROM, RELATED TO, OR IN CONNECTION WITH YOUR USE OF THE SERVICES WILL BE RESOLVED IN ACCORDANCE WITH THE ARBITRATION AND GOVERNING LAW PROVISIONS SET FORTH IN SECTION 20 BELOW.

 

3.     Modification of Terms. Jobgenic reserves the right, at its sole discretion, to modify these Terms at any time and without prior notice. If we modify these Terms, we will either post a notification of the modification on our website or otherwise provide you with notice of the change. The date of the last modification will also be posted at the beginning of these Terms. It is your responsibility to check from time to time for updates. By continuing to access or use the Services, you are indicating that you agree to be bound by any modified Terms.

 

4.     Privacy Policy. Our Privacy Policy discusses how we collect, process, and disclose personal information through these Services. Please read that policy carefully.

 

5.     Eligibility. The Services are intended solely for persons who are at least 18 years old. By using the Services you represent and warrant that you are at least 18 years old. If you are not 18 or older, you may not use the Services.

 

6.     Acceptable Use. Jobgenic hereby grants you permission to access and use the Services and, if you are a registered user, permission to access and use those aspects of the Services that may be offered to registered users, provided such use is in compliance with these Terms, and you further specifically agree that you use will adhere to the following restrictions and obligations:

 

a.     Personal Use. You may only use the Services for personal use. If you wish to create an organizational or business account, please contact Jobgenic at [email protected];

 

b.    Prohibited Conduct. You may only use the Services for lawful activity. In addition, you may not:

 

                                                        i.     use the Services in any manner that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable, including uploading any false information about yourself;

 

                                                      ii.     interfere with or damage the Services, including, without limitation, through the use of viruses, bots, harmful code, denial-of-service attacks, backdoors, packet or IP address spoofing, forged routing, or any similar methods or technology;

 

                                                    iii.     copy, rip, or capture any content encountered on the Services. This includes bulk copying or "scraping" any portion of the website content using a bot or other tool;

 

                                                     iv.     use the Services to upload, transmit, or promote any material that constitutes junk mail, spam, or commercial offers;

 

                                                      v.     use the Services to upload, transmit, or promote any material that infringes or violates the intellectual property rights or any other rights of anyone else (including Jobgenic);

 

                                                     vi.     decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services.

 

 

7.     User Accounts.

 

a.     Registration. You may be required to sign up for an account, and select a password and user name (“User ID”).  You promise to provide us with accurate, complete, and updated registration information about yourself.  You may not select as your User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person.

 

b.    Account Removal. If you would like us to terminate your account, please contact us at [email protected]. Upon receipt of your request, and except as set forth below, we will remove your account and your associated information from the Services within a reasonable time period. Please note that any information you have submitted to publicly accessible areas of the Services (such as a blog or message board) may not be removeable. If we intend to remove your account, we will try to provide advance notice to you prior to our removal of your account so that you are able to retrieve any important User Content you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of Jobgenic.

 

c.     Transfer. You may not transfer your account to anyone else without our prior written permission.

 

8.     Content.

 

a.     Jobgenic Content. The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, and illustrations (all of the foregoing except User Content, the “Jobgenic Content”), are protected by copyright and/or other intellectual property laws. 

 

You acknowledge that as between you and Jobgenic, the Services and Jobgenic Content, including all associated intellectual property rights, are the exclusive property of Jobgenic.

 

b.    Jobgenic Limited Grant of Rights. Conditioned upon your compliance with these Terms, Jobgenic grants you a limited, non-exclusive, non-transferable license, to (i) access, view, and use the Services solely for your personal use and (ii) access and view any Jobgenic Content to which you are permitted access. You have no right to sublicense the licensed rights granted in this section. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, transmit, broadcast or otherwise exploit the Services, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Jobgenic or its licensors, except for the licenses and rights expressly granted in these Terms.

 

c.     User Content. We may, at our sole discretion, permit you to post, upload, publish, submit or transmit content, including but not limited to job criteria, professional information, and resumes (“User Content”). By submitting any User Content on or through the Services, you grant to Jobgenic a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, transmit, stream, broadcast, access, and otherwise exploit such User Content, in any media, in order to operate, promote, improve, or market the Services. To the extent that your User Content includes personally identifiable information, we will only disclose such information in the limited circumstances identified in our Privacy Policy. In addition, to the extent that Jobgenic de-identifies and aggregates any User Content, you agree that such derived data is no longer User Content, and is thus owned by Jobgenic.

 

We reserve the right to remove, screen, edit, or reinstate User Content at our sole discretion for any reason or no reason, and without notice to you.

 

You acknowledge and agree that you are solely responsible for all User Content. Accordingly, you represent and warrant that you have all rights, licenses, consents and releases that are necessary to grant to Jobgenic the license above.

 

9.     Payment.

 

a.     Payment and Billing Information. By providing a credit card or other payment method for the purchase of our Services, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we (or our third-party payment processor) encounter in order to proceed with your Order. You acknowledge that the amount billed may vary due to promotional offers, changes in the Services, or changes in applicable taxes or other charges, and you authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.

 

b.    Payment and Availability. All payments should be made in U.S. dollars. You are only responsible for payment if Jobgenic is successful in obtaining a job interview for you. Please see our pricing and refund page for more information. Services are subject to availability, and we reserve the right to cancel all or part of the Services and to discontinue making certain Services available without prior notice.

 

c.     Returns and Refunds. You may be entitled to a refund under very limited circumstances. Please see our pricing and refund page for more information.  Please contact [email protected] for any refund inquiries.

 

10.  Applying to Jobs.

 

a.     Resumes and Professional Information. It is your responsibility to ensure that the resume and professional information that you submit to Jobgenic are current and accurate so that employers receive the most up-to-date information about you.

 

b.    Job Interviews and Hiring. Once you submit your information to Jobgenic, your resume and other applicable professional information will be shared with employers.

 

c.     No Guarantee. BY SUBMITTING YOUR INFORMATION TO JOBGENIC, YOU ACCEPT THAT JOBGENIC DOES NOT GUARANTEE THAT THE RECIPIENT EMPLOYERS WILL RECEIVE, ACCESS, VIEW OR RESPOND TO THE APPLICATION. JOBGENIC DOES NOT GUARANTEE THAT YOU WILL RECEIVE A JOB INTERVIEW OR JOB OFFER FROM AN EMPLOYER.

 

 

11.  Feedback. We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You agree that Jobgenic has the right, but not the obligation, to use such Feedback without any obligation to provide you credit, royalty payment, or ownership interest in the changes to the Services.

 

12.  Notices of Copyright Infringement. Jobgenic respects copyright law and expects our users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”) of 1998, the text of which may be found on the U.S. Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf, Jobgenic will respond to claims of copyright infringement committed using the Services that are reported to us, provided they meet the criteria below.

 

If you are a copyright owner, or a designated agent thereof, please report alleged copyright infringements taking place on or through the Services by providing us the following information (the “Notice”):

 

a.     the identity of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by this Notice, a comprehensive list of the copyrighted works that you claim have been infringed;

b.    the material that you claim is infringing, and information reasonably sufficient to permit us to locate the material, including at a minimum, the URL of the link shown on the Services where such material may be found;

c.     your mailing address, telephone number, and, if available, email address;

d.    a statement that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;

e.     a statement that the information in this Notice is accurate and, under penalty of perjury, that you are the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed; and

f.      your full legal name and your electronic or physical signature.

 

You may deliver this notice, with all items completed, to us, as follows:

 

6 Forest Glen Circle Middletown, CT 06457, USA

 

Upon receipt of the Notice as described above, Jobgenic will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Services.

 

13.  Termination.

 

a.     Violation or Breach. Jobgenic may immediately and without notice terminate these Terms and disable your access to the Services if Jobgenic determines, in its sole discretion, that (a) you have materially breached these Terms; (b) you have violated applicable laws, regulations or third party rights; or (c) Jobgenic believes, in good faith, that such action is needed to protect the safety or property of other users, Jobgenic, or third parties.

 

 

b.    Survivorship of Terms. Provisions that, by their nature, should survive termination of these Terms shall survive termination.  By way of example, all of the following will survive termination: any obligation you have to pay us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

 

14.  Third Party Content. By using the Services, Jobgenic may provide you with access to third party websites, information, and services, including but not limited to third party databases, networks, servers, software, programs, systems, directories, applications, or products. You hereby acknowledge that Jobgenic does not control such third-party websites and services, and cannot be held responsible for their content, operation, or use. Your use of those services is subject to their respective terms of service. Jobgenic does not give any representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality, or authenticity of content, information, or services provided by such third-party websites and services. Jobgenic disclaims any and all responsibility or liability for any harm resulting from your use of such third-party websites and services, and you hereby irrevocably waive any claim against Jobgenic with respect to the content or operation of any such third-party websites and services.

 

 

15.  General Disclaimer of Warranties. YOU HEREBY ACKNOWLEDGE THAT YOU ARE USING THE SERVICES AT YOUR OWN RISK. THE SERVICES AND JOBGENIC CONTENT ARE PROVIDED "AS IS," AND JOBGENIC LLC, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. JOBGENIC LLC, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH THE SERVICES.

 

Because some states do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws.

 

 

16.  Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL JOBGENIC (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $20 OR (II) THE AMOUNTS PAID BY YOU TO JOBGENIC IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

 

JOBGENIC hereby expressly disclaims, and you hereby expressly release JOBGENIC from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm or damages arising from or related to disputes, dealings, or interactions between you and any other users or third parties.

 

17.  Notices. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Jobgenic (a) via email (in each case to the address that you provide) or (b) by posting to the website.

 

18.  No Waiver. The failure of Jobgenic to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

 

19.  Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without Jobgenic‘s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. Jobgenic may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Unless a person or entity is explicitly identified as a third party beneficiary to these Terms, these Terms do not and are not intended to confer any rights or remedies upon any person or entity other than the parties.

 

20.  Severability. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

 

21.  Governing Law; Arbitration. These Terms are governed by and will be construed under the laws of the Commonwealth of Massachusetts, without regard to the conflicts of laws provisions thereof.  Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Boston, Massachusetts, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in Boston, Massachusetts. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND JOBGENIC ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY.

 

22.  Entire Agreement. These Terms constitute the entire agreement between you and Jobgenic regarding your use of the Services, and supersede all prior written or oral agreements.

 

23.  Contact Us. If you have any questions about the Services, please do not hesitate to contact us at [email protected]. 

 

 

 

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