Terms of Use
Effective Date: July 2, 2018
Welcome to damngood.com and BOLD LLC (“Provider”; “we”; or “us”). These Terms of Use (“Terms”) apply to this website that links to these Terms as well as our other related mobile websites, mobile Provider applications (“mobile apps”), services, tools, and other applications that link to these Terms (collectively, the “Site”). Thank you for visiting and learning more about our Site!
It is important to us that you, and our other visitors, have a special experience while using the Site and that when you use this Site you are fully aware of your respective legal rights and obligations. For that reason, we have created these Terms as the legally binding terms to govern your use of this Site. Please read these Terms carefully before using the Site, because they affect your legal rights and obligations.
Terms of Use Highlights
Please also read our full Terms of Use
- Each time you access and/or use the Site, you agree to be bound by these Terms and any additional terms that will apply to you, prospectively.
US Residents: Binding Arbitration of All Disputes; No Class Relief
- For US Residents, any disputes under these Terms will be resolved on an individual basis through binding arbitration, with no class relief.
- You may not use, copy, reproduce, republish, upload, display, post, transmit, distribute, or license any content on this Site without the Provider’s authorization or except as explicitly permitted in these Terms.
- You will honor your payment obligations for products/services you purchase on the Site. For recurring charges that you agree to make, you agree that third-parties working on our behalf may store your payment information to process the payments you agreed to make. Provider has the discretion to alter prices for products/services at any time. You understand that additional fees and taxes may be added to prices, especially for foreign residents. You may cancel or suspend your service by going to the home page under My Accountsand My Settings. Provider does not guarantee refunds.
- To the extent permitted by law, we disclaim warranties and conditions and provide the Site “As is.”
- Our liability is limited.
- To operate our Site and contact you and third parties at your request. You agree that we can use the information as long as you have an account for the time and reasons outlined in this Privacy Policy.
- Questions about our Terms may be sent to [email protected]or as otherwise set forth in the Terms
Full Terms of Use
1.You Accept These Terms.
If you do not agree with any of these Terms, including the Privacy Policy incorporated herein, please do not use this Site. By using this Site you will be deemed to have irrevocably agreed to these Terms. Some areas of this Site may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Such additional terms will not change or replace these Terms regarding use of this Site, unless otherwise expressly stated.
2.Updates to Terms.
Please note that these Terms may be revised and reissued, prospectively by posting updated terms on this Site. You consent and agree to receive notices of updates of these Terms through our posting of updated terms on the Site. You should visit this page regularly to review the current terms. Your continued use of the Site will be deemed as irrevocable acceptance of any revisions.
- Legal Capacity.
This is a general audience Site for adults. We will assume (and by using this Site you warrant that) you have legal capacity to enter into the agreement set out in these Terms (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract). The sufficient age for contracting varies by jurisdiction.
4.The Information You Give Us Must be Correct
To access this Site or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of use of this Site that all the details you provide be correct, current, and complete. If the Provider believes the details are not correct, current, or complete, we have the right to refuse you access to the Site, or any of its resources, and to terminate or suspend your account.
5.Online Privacy Notice.
Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used at this site. Click here to show this notice, which forms part of these Terms.
6.Disclaimer of Warranties.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE SITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS, IMPLIED OR COLLATERAL. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE, PROVIDER AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF THE PROVIDER (“PROVIDER GROUP”) DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS IMPLIED OR COLLATERAL, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE PROVIDER GROUP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PROVIDER GROUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY WEB SITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE PROVIDER GROUP MAKES NO WARRANTIES OR CONDITIONS THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THE SITE OR ANY WEB SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE PROVIDER GROUP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE SITE OR ANY OTHER WEB SITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES AND CONDITIONS, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
IF YOU ARE ACCESSING THIS SITE FROM THE EUROPEAN UNION OR OTHER JURISDICTIONS THAT TO DO NOT RECOGNIZE DISCLAIMERS OF CERTAIN WARRANTIES, NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM THE NEGLIGENCE OF EITHER PARTY OR THEIR SERVANTS, AGENTS OR EMPLOYEES.
7.Limitation of Liability.
THE PROVIDER GROUP DISCLAIMS ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OR MISUSE OF, OR INABILITY TO USE, THE SITE OR ANY OTHER WEB SITE, OR THE MATERIAL, INFORMATION, SOFTWARE, PRODUCTS, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY OTHER WEB SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF THE PROVIDER GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF THE PROVIDER GROUP) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
8.US Residents: Binding Arbitration of All Disputes; No Class Relief.
(a)US Residents: To the fullest extent permissible by law, with the exception of disputes pertaining to Provider’s intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, any dispute of any kind between you and Provider arising under these Terms shall be resolved through binding arbitration pursuant to the JAMS Streamlined Arbitration Rules and Procedures on an individual basis with no class relief. The arbitrator shall be a retired judge or justice of any New York state or federal court with substantial experience in the internet industry and shall follow New York substantive law in adjudicating the dispute, except that this Section 8 shall be construed as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (“FAA”). You and we agree that we intend that this Section 8 satisfies the “writing” requirement of the FAA. The hearing shall be conducted in the county that encompasses the billing address you have provided to Provider. For any claim in which you seek U.S. $10,000.00 or less, You shall have the choice as to whether the hearing is conducted in person, by telephone, or instead the arbitrator decides the dispute without a hearing. For those claims that the arbitrator determines are not frivolous, Provider shall pay the costs and fees of JAMS and the arbitrator. Provider agrees that it will not seek reimbursement from You for its costs and fees incurred by it in the arbitration. AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.
(b)Non-Us Residents: If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Site or Terms of Service, then you and we agree to send a written notice to the other providing a reasonable description of the Section 8(b) Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 8 (b). Your notice to us must be sent to us at [email protected]. For a period of sixty (60) days from the date of receipt of notice from the other party, Provider and you will engage in a dialogue in order to attempt to resolve the Section 8(b) Dispute, though nothing will require either you or Provider to resolve the Section 8(b) Dispute on terms either you or Provider, in each of our sole discretion, are uncomfortable. Nothing in this Section will prevent a party from pursuing their claims in Court or another complaint process.
9.Trademarks and Copyrights.
This Site and materials incorporated by Provider on this Site, including data files, program files, software, codes and other materials that are made available to download from this Site (“Material”) are protected by copyrights, patents, trade secrets or other proprietary rights (“Copyrights”). Some of the trademarks, trade names, characters, logos or other images incorporated by Provider on this Site are also protected as registered or unregistered trademarks, trade names and/or service marks owned by Provider or others (“Trademarks”). Provider respects the intellectual property rights of others and asks users of this Site to do the same. The use or misuse of the Copyrights or Trademarks, except as permitted herein, is prohibited and nothing stated or implied on the Site confers on you any license or right to the Trademarks, Copyrights, moral rights, information or other intellectual property rights (whether or not registered) of Provider or any third party.
10.Your Use of Material.
Your right to make use of this Site and any Material or other content appearing on it is subject to your compliance with these Terms. Modification or use of the Material or any other content on this Site for any purpose not permitted by these Terms may be a violation of the Copyrights and/or Trademarks protected by law and these Terms and is prohibited.
You may copy, access, download and display Material and all other content displayed on this Site for non-commercial, personal, entertainment use on a single computer only. The Material and all other content on this Site may not otherwise be copied, reproduced, republished, uploaded, displayed, posted, transmitted, distributed, licensed or used in any way unless specifically authorized by Provider. Any authorization to copy or download Material granted by Provider in any part of this Site for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other web site or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
11.Forums.
THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES OR OTHER FORUMS ON THIS SITE (“FORUMS”) ARE NOT NECESSARILY THOSE OF THE PROVIDER GROUP OR CONTENT PROVIDERS. PROVIDER DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF PROVIDER. PROVIDER MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN PROVIDER’S SOLE DISCRETION BUT IS UNDER NO OBLIGATION TO DO SO. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.
- Shared Accounts
A shared account is controlled by the member who created the account, and whose payment method has been charged (the “Account Owner”). The Account Owner may invite or authorize other third parties to share in their subscription. Any additional users joining in the shared account will be required to create their own separate and independent profile in order to have a distinct and personalized experience with our products and services. The third parties will be able to share in the account as long as the Account owner retains an active subscription. When the Account Owner cancels or deletes their account, the shared access is also terminated.
13.Resume Posting Services.
Provider’s resume posting services facilitate the posting of your resume or a career profile on various third party career sites. You agree that Provider will use proprietary web based information gathering tools to create a career profile for you if you sign up for Provider’s resume posting services. You further agree that the wording and interpretation of your information for purposes of resume posting services will be in Provider’s sole discretion and Provider will not be liable for any decisions to include, not include or phrase information about you as part of the resume posting services. Provider will also be accepting terms of use and privacy policies and other policies that it might be prompted to accept on third party career sites prior to posting of your career profile or resume. You may check the third-party sites where we may post your information to see their terms of use and privacy policies (Sites found here). By using our Resume Posting Services you’re accepting full and total responsibility for the actions Provider performs on your behalf and at your request as if you had performed those actions yourself. You further acknowledge and agree that you will take full responsibility and are personally liable for any consequences arising from your use of the Resume Posting Services.
14.Invited Submissions.
From time to time, areas on this Site may expressly request submissions of ideas or improvements through promotions, surveys or otherwise (“Invited Submissions”’). Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on this Site to govern those submissions (“Additional Terms”), as they will affect your legal rights. If no Additional Terms govern those submissions, then these Terms will apply in full to any Invited Submissions you make. IN ANY EVENT, ANY MATERIAL YOU SEND TO US WILL NOT BE TREATED AS CONFIDENTIAL. Regardless of any industry custom or practice, we will not pay you for the use of any content or submissions that you submit to the Site.
15.Our Use of Content.
Provider will consider anything you provide to Provider and/or contribute to this Site as available for our use free of any obligations to you (including any payment), except where solicited Invited Submissions are expressly governed by Additional Terms appearing elsewhere on this Site (see Invited Submissions above), in which event those Additional Terms may determine how we will treat your Invited Submissions. Under no circumstances will we pay you for the use of your ideas or submissions.
16.User Content.
Subject to Section 17 below, your account information, resume, career history, educational history, reviews, responses, profile entries, posts, questions, career materials or any other information you provide on or through the Site or that we may create for you may not be able to be deleted once uploaded. For some of our features, other members may be able to request email notifications of your new public content or publish their own comments to your comments. We may use the public content to develop products, make connections with potential employers, personalize site views, market products or identify or feature popular members. By posting or uploading any content to this Site, including personal account information and resume information and/or providing any communication or material to Provider (“User Content”), you automatically and irrevocably:
(a) Retain ownership of your User Content, and grant and assign to Provider and any employer to which your User Content is provided a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to any and all rights in the User Content including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by Provider and/or by any person authorized by Provider, by any means and in all media now known or hereafter devised, without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity;
(b)Waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted;
(c)Appoint Provider as your agent with full power to enter into any document and/or do any act Provider may consider appropriate to confirm the grant and assignment, consent and waiver set out above;
(d)Warrant that you are the owner of the User Content and entitled to enter into these Terms and that the User Content does not infringe the proprietary or privacy rights of any third party;
(e)Confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that Provider shall not be liable for any use or disclosure of such User Content.
17.Job Alerts.
Provider may provide job alerts or may use third parties and automated search engines to provide job alerts, matching employment opportunities found on third party job searching sites with your resume or Career Profile, job search requests submitted by you, and/or other usage data relating to your use of Provider Applications. Provider tries to match the information available to ensure employment opportunities presented to you in job alerts match the type of career opportunities desired by you but Provider makes no guarantee that you will receive career opportunities or job alert leads you desire.
18.Deletion or Deactivation of User Content/Account.
You may request that we delete resumes and cover letters by logging into your account and clicking on the “My Settings” and “Resumes” or “Letters” tabs. Your User Content can only be deleted from public view by deactivating or deleting your account by going to your account and clicking the “My Settings” and “Overview” tab. When you request that your User Content be deleted your resume or profiles will no longer be we visible to users from Provider Applications but if your User Content, including your personal information, was previously accessed by others using Provider Applications, we are unable to delete the information from their systems. When you deactivate your account or ask that we delete your User Content on Provider Applications we will retain logs and non-personally identifiable information about you along with an archival copy of your information, which is not accessible by you or third parties on Provider Applications but which might be used for recordkeeping and internal purposes.
19.Claims of Infringement.
If you believe that any content appearing on this Site infringes your copyright rights, we at Provider want to hear from you. Please forward the following information in writing to the Copyright Agent at the address listed below:
(a)Your name, address, telephone number, and e-mail address;
(b)A description of the copyrighted work that you claim has been infringed;
(c)The exact URL or a description of each place where alleged infringing material is located;
(d)A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
(e)Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
(f)A statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Bold Limited
c/o of Bold LLC
City View Plaza II, 48 Calle 165, Suite 6000, Guaynabo, PR 00968
Attention: c/o H. Williams, DMCA Designated Agent
Email: [email protected]
Provider seeks to preserve any and all exemptions from liability that may be available under the copyright law but does not necessarily stipulate that it is a service provider as defined in USC section 512(c) or elsewhere.
20.Product Specifications; Pricing; Typographical Errors.
We do our best to describe every product or service offered on the Site as accurately as possible. However, we are human, and therefore we do not warrant that product specifications, pricing, or other content on the online services is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications, Provider shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card or other account prior to cancellation, we will issue a credit to your account in the amount of the charge. Additional Terms may apply.
21.Responsible Use of Site.
Provider’s job posting and resume submission features are part of the services and may be used only by individuals seeking employment and/or career information. Certain Provider services may only be used by employers seeking employees. In addition, Provider may be used by individuals for permitted professional and career purposes as outlined in these Terms and the Privacy Policy. Please act responsibly when using this Site. You may only use this Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this Site. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted or privately transmitted on or through this Site are the sole responsibility of the sender, not Provider, and that you are responsible for all material you upload, publicly post or otherwise transmit to or through this Site.
22.Content Limitations.
We at Provider require that you do not post resumes, cover letters, send e-mails or submit to or publish through forums available on the Site, or otherwise make available on this Site any content, or act in a way, which in our opinion:
(a)Libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
(b)Disparages, criticizes, belittles, parodies or otherwise portrays in a negative light any actor appearing in the content;
(c)Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(d)Infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
(e)Violates any law or may be considered to violate any law;
(f)You do not have the right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);
(g)Advocates or promotes illegal activity;
(h)Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
(i)Solicits funds, advertisers or sponsors;
(j)Includes programs which contain viruses, worms and/or ‘Trojan horses’ or any other computer code, files or programs designed to interrupt, overload, collapse, destroy or limit the functionality of any computer software or hardware or telecommunications;
(k)Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Site;
(l)Copies any other pages or images on this Site except with appropriate authority;
(m)Includes MP3 format files;
(n)Amounts to a ‘pyramid’ or similar scheme;
(o)Amounts to ‘data warehousing’ (i.e., using any web space made available to you as storage for large files or large amounts of data which are only linked from other sites). You must provide a reasonable amount of content to accompany such material in order that at least some of the traffic to your site comes directly via us;
(p)Disobeys any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site; or
(q)Contains links to other sites that contain the kind of content, which falls within the descriptions set out at (a) to (q) above.
In addition, you are prohibited from removing any sponsorship banners or other material inserted by Provider anywhere on this Site (e.g., on any web space made available for your use).
23.Release.
If you have a dispute with one or more users (including merchants), you release the Provider Group (defined in Section 6 above) from claims, demands, liabilities, costs or expenses and damages (actual and consequential of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law, that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
24.Indemnity.
You agree to indemnify and hold harmless Provider and its officers, directors, employees, agents, distributors and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable legal fees, resulting from your breach of these Terms, including any of the foregoing provisions, representations, warranties or conditions, and/or from your placement or transmission of any content onto Provider’s servers, and/or from any and all use of your account.
25.System Abuse.
Without limitation, you agree not to send, create or reply to so called “mailbombs” (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in “spamming” (i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely affect the operation or enjoyment of this Site by any other person.
You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this Site.
26.Security.
Any usernames and passwords used for this Site are for individual use only. You shall be responsible for the security of your username and password (if any). Provider shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username and password that Provider considers insecure, Provider will be entitled to require this to be changed and/or terminate your account.
27.Violation of Security Systems.
You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Provider reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
28.Investigations.
Provider reserves the right to investigate suspected violations of these Terms, including without limitation any violation arising from any submission, posting or e-mails you make or send to any Forum. Provider may seek to gather information from the user who is suspected of violating these Terms, and from any other user. Provider may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Provider believes, in its sole discretion, that a violation of these Terms has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. Provider will fully cooperate with any law enforcement authorities or court order requesting or directing Provider to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF THE Provider GROUP FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF THE Provider GROUP DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER A MEMBER OF THE Provider GROUP OR LAW ENFORCEMENT AUTHORITIES.
29.Service.
In order to use this Site, you must obtain access to the World Wide Web and pay any service fee associated with that access. You will need to provide all equipment necessary to connect to the Site on the World Wide Web (including a computer, modem, mobile device, tablet and/or other access devices).
30.Reservation of Rights.
Provider reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities and services on this Site, with or without notice, and/or to establish general guidelines and limitations on their use.
31.Local Regulations.
Provider makes no representation that Materials or other content on the Site are appropriate or available for use outside of the United States, United Kingdom, Canada, France, Belgium, Switzerland, Italy, Germany, Australia and Spain and their territories, possessions and protectorates. If you choose to access the Site from other locations you do so on your own initiative and at your own risk.
You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
32.Third-Party Sites.
This Site may link you to other sites on the Internet. These sites may contain information about job opportunities, employers, job candidates or material that some people may find inappropriate or offensive. These other sites are not under the control of Provider, and you acknowledge that (whether or not such sites are affiliated in any way with Provider), Provider is not responsible for the accuracy of job postings, employer descriptions, candidate resumes, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by Provider or any association with its operators. Provider does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to use caution before providing any sensitive information (e.g., social security numbers or financial information) to any third party and to make whatever investigation you feel necessary or appropriate before proceeding with any communications with any of these third parties.
33.Proprietary Online Services.
Any area of this Site that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such proprietary online service.
34.Jurisdictional Issues.
The Materials and all other content in this Site are presented for the purpose of providing information regarding products available in the United States and elsewhere.
35.Choice of Law.
With the exception of Section 8 which will be construed in accordance with the FAA, to the fullest extent permitted by the applicable jurisdiction, these Terms shall be governed by, construed and enforced in accordance with the laws of the State of New York, as they are applied to agreements entered into and to be performed entirely within New York.
- Payments and Subscriptions.
If you purchase any services that we offer for a fee, either on a one-time or subscription basis, you agree that Provider’s third party vendors may store your payment information. You also agree to pay the applicable fees for products/services you order (including, without limitation, periodic fees for monthly or annual subscriptions) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. You can sign up for automatic billing or recurring billing for some products or services offered on the Site. Any recurring charge will be fixed at the price agreed to at the time of purchase The specific billing terms for the products you order will be described on the offer page on the Site. If you sign up for automatic or recurring billing, you will be notified of the billing terms on the Site and how to stop recurring billing. By signing up for Provider products or services with recurring billing, you will be deemed to agree to those billing terms as described specifically on the Site. Provider offers certain products in its Premium Services, such as Resume Review, Resume Writing, Premium Career Reports and Cover Letter Writing, which are not included in the cost of Provider Subscription Services. Failure to pay may result in the termination of your subscription. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction may be subject to foreign exchange fees or differences in prices, because of exchange rates. Your transaction may be subject to foreign currency exchange fees assessed by your bank or card issuer. Provider has the discretion to alter prices for products/services at any time. Provider is not responsible for any foreign currency exchange fees or surcharges and will not make any compensation or reimbursement for charges imposed by your bank or card issuer. Provider does not support all payment methods, currencies or locations for payment. If the payment method you use with us, such as a credit card, reaches its expiration date and you do not edit your payment method information or cancel your account or such service, you authorize us to continue billing that payment method and you remain responsible for any uncollected amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. All applicable taxes are calculated based on the billing information you provide us at the time of purchase.
You may cancel your subscription anytime by contacting our customer service department or by going to the online cancel page under My Accounts and My Settings. Provider will send an email with a cancellation number to confirm any cancellation request. If you do not receive this confirmation and still wish to cancel, please contact our customer service department directly for further assistance. Provider may issue a refund if notice of cancellation is provided before the end of any trial period. However, Provider does not guarantee refunds after trials are expired.
You acknowledge that any products or services that you purchase are subject to these Terms and any additional terms related to the provision of any product or service. Note that employers’ payment terms and subscriptions are governed by Provider Employer Additional Terms .
37.Job Seeker Accounts.
When you create an account or provide career information to Provider on or through the Site (including via forms available on the Site or by uploading a resume) you agree that you are solely responsible for the accuracy of your User Content. You further understand that Provider may keep and use data in various ways as outlined in these Terms and the Privacy Policy for the Site. You understand and agree that Provider may offer information that is of most interest to you. You acknowledge that you have no ownership rights in your account or an email account you might register with us. If you request that your information be deleted, it will no longer be publicly available and to the extent permissible by law, we will take all reasonable steps to delete it. Provider has no obligation to maintain any account you open and may delete it if you violate these Terms as determined in Provider’s sole and absolute discretion. Provider may review emails in any email account you establish with Provider, in its sole discretion, and you have no reasonable expectation of privacy in same.
38.Notice for California Users.
Under California Civil Code Section 1789.3, California users of the Site are 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 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
39.How To Contact Us.
This Site is controlled and operated by Provider. Please forward any comments or complaints about the Site to [email protected]. Please forward any questions regarding privacy to [email protected] and other legal matters to [email protected] or write to BOLD LLC, City View Plaza II, 48 Road 165, Suite 6000, Guaynabo, PR 00968.
40.General.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and Provider relating to the matters contained here and the Site.