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Terms of use

1. General. Thank you for visiting www.JobSync.com. JobSync, Inc. ("JobSync") owns and operates this website www.JobSync.com ("Website"). Your use of this Website and the information, content and services available through this Website are subject to these Terms of Use ("Terms of Use").

These Terms of Use are current as of the effective date set forth above and was last revised as of the date set forth above. We reserve the right to change these Terms of Use from time to time. Please consult this portion of the Website for important changes to the Terms of Use as JobSync may, at any time, and without notice, revise these Terms of Use by updating this posting.

Please read these Terms of Use carefully. By accessing or using the Website, you are bound by these Terms of Use and any revisions; you should therefore periodically visit this page to review the current Terms of Use. Access or use of the Website following any change to the Terms of Use constitutes your agreement to those changes. If at any time you choose not to accept the terms of these Terms of Use, you should not access or use this Website.

JobSync may, at its sole discretion, and at any time, discontinue this Website or any part thereof, with or without notice, or may prevent your use of this Website with or without notice to you. You agree that you do not have any rights in this Website and that JobSync will have no liability to you if this Website is discontinued or your ability to access the Website or any content you may have posted on the Website is terminated.

2. Authorized Users. You affirm that you are over the age of 13. If you are under 13 years of age, you may not access or use the Website absent the consent of a parent or guardian. Subject to these Terms of Use, you may not access or use the Website if you are unable to form a legal binding agreement with JobSync.

3. Legal Notices. We post legal notices on pages of the Website. You shall not remove these notices or credits, or any additional information contained along with the notices and credits. The Website may contain references to trademarks, copyrighted materials, technologies, products, processes and software and other proprietary rights of JobSync or other parties. No license to or right in any such trademarks, copyrighted materials, technologies, products, processes, software or other proprietary rights of JobSync is granted to or conferred upon you.

4. JobSync Content. Content on this Website that is provided by JobSync, its employees or its licensors, including original art work, graphics, photographs, images, screen shots, text, music, digitally downloadable files, video clips, trademarks, logos, product and character names, slogans, and the compilation of the foregoing ("JobSync Content") is the property of JobSync and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.

You are authorized to access and use the Website and related JobSync Content as set forth in these Terms of Use, provided that: (a) you will not alter, adapt or otherwise modify any part of the Website or JobSync Content other than as may be reasonably necessary to use that part of the Website or JobSync Content for its intended purpose; and (b) you will otherwise comply in full with these Terms of Use.

5. Free Trial for Employers. If You or your company use the Website in an employer capacity as part of a free trial, You may use the Website on a trial basis free of charge until the earlier of (a) the end of the free trial period or (b) the start date of any services purchased under an order form by You or Your company.

During the term of the free trial, JobSync grants You and Your company a royalty-free, nonexclusive, nontransferable license to use the Website, subject to all terms and conditions of this Agreement. In accordance with the foregoing, You and Your company shall have the right to use all matching data between candidates and job opportunities within Your organization gained as a result of Your use of the Software.

The term of the free trial shall be 60 days, unless otherwise agreed to by JobSync and Your company. After 60 days, You and Your company may continue to use the Website for a fee, as mutually agreed between the parties.

Your company may terminate the free trial at any time by ceasing its use of the Website. JobSync may terminate the free trial at any time upon notifying Your company.

Based on Your participation in a Free Trial, JobSync may make mention of Your company’s use of the Website in JobSync’s marketing materials and on the Website. Such use may include listing Your company’s name and/or displaying Your company’s logo.

SERVICES PROVIDED DURING THE FREE TRIAL ARE PROVIDED "AS-IS" WITHOUT ANY WARRANTY.

6. Refund Policy. Since JobSync is offering non-tangible, irrevocable goods, we do not issue refunds once you confirm your job profile and place your order. As a customer you are responsible for understanding this upon purchasing any item through the Website. Our Technical Support Team is available to assist you in your use of the Website, if you should have any technical questions about your purchase. If you have any questions about this refund policy, you can contact us here.

7. User Content. The Website may now or in the future permit the submission of text, files, images, photos, video, sounds, musical works, works of authorship, text postings, and other materials and content ("User Content") by you and other users on certain areas of our Website.

You shall be solely responsible for any User Content you submit and the consequences of posting or publishing it. With respect to any User Content you submit, you affirm, represent and warrant that: (a) you own or have the necessary licenses, rights, consents or permissions to use and authorize JobSync to use all patent, copyright, trade secret and trademark rights or other proprietary rights to enable inclusion and use of User Content in the manner contemplated by the Website and these Terms of Use; and (b) you have the written consent, release or permission of each identifiable individual person in your User Content to use the name, likeness or other personal characteristics of each such identifiable individual to enable inclusion and use of such User Content in the manner contemplated by the Website and these Terms of Use.

As between you and JobSync, you shall retain all of your ownership rights in and to the User Content you provide through our Website. However, by submitting User Content to JobSync, you hereby grant JobSync a worldwide, non-exclusive, irrevocable, perpetual, royalty-free, sublicensable and transferable license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television, radio or any other uses or media), the User Content, in whole or in part, including future rights that JobSync (or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed to the maximum extent permitted by applicable law.

You also hereby grant each user of the Website a non-exclusive license to access your User Content through the Website, and to use, access, reproduce, distribute, transmit, forward, display and perform such User Content, in whole or in part, to the extent permitted by the Website under these Terms of Use (the "User License"). This User License granted by you will terminate as to your User Content once you remove or delete the particular User Content from the Website. In addition, JobSync will have the right to refuse, remove or delete any User Content which it reasonably considers to violate these Terms of Use or to otherwise be illegal or objectionable.

8. Posting User Content. Your posting of User Content is subject to these Terms of Use, any additional terms posted for a specific feature, as well as the following submission rules, to which you agree to adhere through your use of the Website:

• By contributing this content you are affirming that you are 18 years old or more, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into and comply with these Terms of Use.
• You agree not to post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent, or otherwise objectionable or inappropriate as determined by JobSync.
• You will not post any content that contains personal information about any other individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization, including—without limitation—the personnel of JobSync.
• You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content or other content transmitted through the Website.
• You will not post any content that inaccurately represents your background and experiences as part of a candidate profile that you create through the Website. Similarly, you will not post any content that inaccurately represents the relevant background, experiences, or requirements sought as part of a job profile that you create through the Website. You agree that all of the information you submit through the Website will be accurate to the best of your knowledge.
• You will not misrepresent an affiliation with another person or organization, nor will you post any content that that infringes any copyright, trademark, patent, trade secret, or otherwise subject to intellectual property rights of a third party.
• You will not use this Website to harm minors in any way or to send any content that we deem in our sole discretion to be inappropriate for minors, offensive, or incompatible with the character or subject matter of this Website.
• You will not upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other material that contains business solicitations of any type, including advertising a product or service, offering a product or service for sale, or directing readers to a location for more information about a product or service.
• You will not post any software to the Website, nor will you post links to online locations or post files that do not comply with these Terms of Use, and you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation or features of the Website.
• You will not modify in any way any specifications, technology, or application codes provided to you by JobSync or as embedded in the User Content unless expressly authorized in writing by JobSync.
• You will not intentionally or unintentionally violate any applicable local, state, national or international law.
• You will not collect any personal information about other users.
• You will not share or transfer passwords or other access information with any other party, temporarily or permanently as applicable.
• You will not use the Website or any JobSync Content in any way that harms any user of JobSync.
• You will not use the Website in any manner that could overburden, or impair the Website (or the networks or systems connected to the Website.)
• You may not use any device, software or instrumentality to interfere with the proper working of our Website or disobey any requirements, procedures, policies or regulations of networks connected to the Website.
• JobSync may cancel your account and delete all User Content associated with your account at any time without notice, if JobSync deems in its sole discretion that you have violated these Terms of Use, the law, or for any other reason. JobSync assumes no liability for any information removed from our Website, and reserves the right to permanently restrict access to the Website or a user account.

You understand that JobSync has no responsibility to monitor any materials posted, transmitted, or communicated to or within the Website. If you believe that something on the Website violates these Terms of Use, please e-mail info@jobsync.com.

9. No Infringing Use. JobSync respects the intellectual property of others, and we expect our users to do the same. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users of the Website who infringe or repeatedly infringe the copyrights or other intellectual property rights of JobSync or other rights owners.

10. DMCA Notice. If you are a copyright owner or an agent thereof and believe any User Content or other JobSync Content infringes upon your copyrights, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act ("DMCA") by providing notice to JobSync through the email address: info@jobsync.com containing the following information:

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• 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; and
• A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed.

You acknowledge that if you fail to comply with substantially all of the above requirements of this Section your DMCA notice may not be valid and we may not be able to remove infringing content.

11. Security. You are solely responsible for protecting the security and confidentiality of your password, as applicable, and are accountable for any activity undertaken through your JobSync account.

You shall not violate or attempt to violate the security of the Website. Violations of system or network security may result in civil or criminal liability. JobSync reserves the right to investigate occurrences which may involve such violations and may involve and cooperate actively with, law enforcement authorities in prosecuting users who have participated in such violations.

12. Communications. With respect to all communications with JobSync, including but not limited to feedback, questions, comments, suggestions and the like: (a) you shall have no right to confidentiality in your communications and JobSync shall have no obligation to protect your communications from disclosure; (b) JobSync shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (c) JobSync shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information.

13. Your Account. You represent that any information you post or provide to JobSync by means of this Website, including, without limitation, as part of any registration, application or inquiry, is true, accurate, not misleading and offered in good faith.

You may never use another user's account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify JobSync as soon as possible of any breach of security or unauthorized use of your account.

14. Sweepstakes, Promotions and Contests. We may from time to time offer promotions, contests or sweepstakes. Please note that the particular terms for any such promotions, contests or sweepstakes or other features or activities may differ from the Terms of Use of our Website. If different or additional terms apply, they will be posted in a manner that makes it clear that such rules or terms apply to the applicable service.

15. Privacy. Your privacy is important to us. Our Privacy Statement is incorporated into, subject to and made part of these Terms of Use. To review the JobSync Privacy Statement, click here.

16. Indemnity. You agree to indemnify and hold JobSync and its agents and licensors harmless from any claim or demand, including costs or attorneys' fees, made by any third party due to or arising out of User Content or other content you submit, post to or transmit through the Website, your violation of these Terms of Use, or your violation of any rights of another person or entity.

17. Warranty Disclaimer. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. JOBSYNC MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS. ALL SITE INFORMATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATION CONTENT, OR SYSTEM INTEGRATION. JOBSYNC DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER, OR THAT ERRORS OR DEFECTS WILL BE CORRECTED.

18. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL JOBSYNC BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL DAMAGES, COSTS OR ATTORNEY'S FEES ARISING OUT OF OR RELATING TO THESE TERMS OR USE, ACCESS TO, USE OF OR THE OPERATION OF THE WEBSITE. YOUR SOLE AND EXCLUSIVE REMEDY AND JOBSYNC'S SOLE AND EXCLUSIVE LIABILITY TO YOU FOR ANY REASON SHALL BE FOR YOU TO DISCONTINUE YOUR ACCESS TO OR USE OF THE WEBSITE.

19. Limited Time to Bring Your Claim. You and JobSync agree that any cause of action arising out of or related to the Website or any Website Information must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

20. Miscellaneous. Both you and JobSync acknowledge and agree that no partnership is formed, and neither of you nor JobSync has the power or the authority to obligate or bind the other.

These Terms of Use will be governed by and construed in accordance with the laws of the State of California without regard to conflicts-of-laws principles. By using this Website, you hereby agree that the exclusive jurisdiction for any and all disputes regarding these Terms of Use shall lie in the federal, state, and local courts of Los Angeles, California.

These Terms of Use operate to the fullest extent permissible by law. If any provision of these Terms of Use is unlawful, void, or unenforceable, that provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

If JobSync fails to act with respect to your breach or anyone else's breach on any occasion, JobSync is not waiving its right to act with respect to future or similar breaches.

The failure of JobSync to comply with the Terms of Use because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of JobSync, shall not be deemed a breach of these Terms of Use.

These Terms of Use constitute a binding agreement between you and JobSync, and are accepted by you as a condition for your use of the Website or your account. These Terms of Use constitute the entire agreement between you and JobSync regarding the use of the Website and your account.