Last Revised August 4, 2020
AGREEMENT TO TERMS
The information provided on our Sites are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access our Sites from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent that local laws are applicable.
Our Sites are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for our Sites.
INTELLECTUAL PROPERTY RIGHTS & OWNERSHIP
Provided that you are eligible to use our Sites, you are granted a limited license to access and use our Sites and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to our Sites, the Content and the Marks.
You agree that you will not impersonate another person when uploading information to our Sites and that you are solely responsible for the information you provide including profile data and content found in your resume and cover letter.
If you provide any information that is untrue, inaccurate, not current, incomplete, or belongs to someone else, we have the right to suspend or terminate the account and refuse any and all current or future use of our Sites (or any portion thereof).
You may not access or use our Sites for any purpose other than that for which we make our Sites available. Our Sites may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. You agree that you shall not use the Sites or the Services to transmit or knowingly or recklessly receive (or knowingly or recklessly authorize or permit any other person to receive or transmit) material which is obscene, threatening, menacing, offensive, defamatory, abusive, untrue, in breach of confidence, in breach of any intellectual property right (including copyright) or which may cause anxiety to others including racist or sexist content or material which otherwise violates any applicable law or regulation or code, or which makes excessive demands for bandwidth or contains any virus or which may otherwise impair or harm GCN's computer systems or any third party computer system.
As a user of our Sites, you agree not to:
- Upload resumes, cover letters, social media profiles, or other documents that are not your own to any of our websites. Also, you will not enter contact information (email or phone number) that is not your own.
- Systematically retrieve data or other content from our Sites to create or compile, directly or indirectly, a collection, compilation, or database without written permission from us.
- Make any unauthorized use of our Sites, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Circumvent, disable, or otherwise interfere with security-related features of our Sites, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of our Sites and/or the Content contained therein.
- Engage in unauthorized framing of or linking to our Sites.
- Trick, defraud, or mislead us and other users on any of our Sites, especially in any attempt to learn sensitive account information such as user passwords.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Interfere with, disrupt, or create an undue burden on our Sites or the networks or services connected to our Sites.
- Attempt to impersonate another user or person or use the username of another user.
- Use any information obtained from our Sites in order to harass, abuse, or harm another person.
- Use our Sites as part of any effort to compete with us or otherwise use our Sites and/or the content of our Sites for any revenue-generating endeavor or commercial enterprise.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of our Sites.
- Attempt to bypass any measures of our Sites designed to prevent or restrict access to our Sites, or any portion of our Sites.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of our Sites to you.
- Delete the copyright or other proprietary rights notice from any content.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of our Sites or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of our Sites.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses our Sites, or using or launching any unauthorized script or other software.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or our Sites.
- Use our Sites in a manner inconsistent with any applicable laws or regulations.
As part of the functionality of our Sites, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through our Sites; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through our Sites via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on our Sites. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through our Sites. You will have the ability to disable the connection between your account on our Sites and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use our Sites. You can deactivate the connection between our Sites and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
PAID SERVICES OF ResumeCertified.org, ResumeSending.com, LifeGuru.me, DirectHrContact.com, JobGrowing.com, JobAssist.io
Certain services offered by GCN Companies are made available to you on a paid basis. Users that choose to use our paid services agree to the following additional terms and conditions. You agree to provide current, complete, and accurate purchase and account information for all purchases made via our Sites. You further agree to promptly update payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. GCN reserves the right to change, modify, discontinue, temporarily or permanently, our Services (or any part thereof) and the pricing for those services at any time, with or without notice. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services. Any taxes due on services shall be paid by Customer. If the customer is exempt from otherwise applicable taxes, Customer must submit its tax identification number and exemption certificate to GCN for review before the start of paid services. Payment processing is through Stripe. We accept the following forms of payment: Visa, Mastercard, American Express, and Discover.
GCN reserves the right to cancel any purchase made through our Sites for any reason. We may, in our sole discretion, limit or cancel quantities purchased per person or per household. These restrictions may include orders placed by or under the same customer account, the same payment method, the same IP address, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. Other common situations in which orders are cancelled may include pricing errors, availability issues, or credit card payments that are declined by the issuing financial institution.
Customer agrees to compensate GCN for its reasonable expenses, including attorney and collection agency fees, incurred in the collection of payments and the enforcing of its rights under this agreement.
SERVICES OF GCN Websites
With respect to any paid or free services offered, GCN cannot promise the effectiveness of any of its services in relation to the procurement of a job or career advancement and will have no specific responsibility with respect to the veracity of our user’s resumes, their work performance, suitability before or after hire, and will not participate in any negotiations with respect to the hiring, firing or relocating of our user’s as a result of using any of GCN’s services. GCN makes no promise or guarantee of employment with either free or paid services and cannot guarantee any specific results from your use of job alerts, news articles or the licensed Data. All services are performed for general and informational use only.
Any and all assessment, cover letter, social media profile, and resume reviewing services by GCN are provided as optional, value added services to you and shall not be held liable for any inaccuracies, disparities, or misrepresentations. Any and all assessment services are not an exhaustive check of employment, education, references, and other background information.
REFUND POLICY & CANCELLATION
All sales are final and no refunds will be issued. For GCN’s paid services, we will begin providing relevant services and offering you access to purchased products immediately upon activation of your account.
If you sign up for any of our free services such as our newsletter or job alerts, you may cancel at any time by unsubscribing from the specific site by clicking on the unsubscribe link or contacting the Site directly using the emails listed at the end of this agreement.
You may be required to register on our Sites. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
In order to begin the resume review, certification, or distribution processes, you or an agent on your behalf (whom you have given permission) are required to upload your resume in an acceptable format and register with our Sites. For paid services, you must enter payment details and log in to activate your account. In some cases, account activation also requires you to update your profile.
Upon registration or uploading your resume to one of our Sites, you consent to submit your resume to a third party website, TopResume.com, for a free expert review of your resume. You may receive additional email notifications with jobseeker offers from other GCN Companies and free opportunities from our companies and partners including one or more of the following: job alerts related to your search criteria and location from JobAlerts.co, and a jobseeker newsletter from JobSeekerNewsHubb.com with relevant information to assist in your job search.
ACCOUNT ACTIVATION FOR PAID SERVICES
ResumeSending acts on your behalf to distribute your resume to Job Boards. As long as your resume is uploaded in an acceptable format, we will pass along your information but cannot verify the accuracy of your information. By activating your account at ResumeSending.com, you consent to submit your resume to third party Job Boards and Applicant Tracking Systems (ATS) and give us permission to register your information on any of these Job Boards and ATSs as well as any we have recently added. Upon account activation, your resume will be electronically reformatted with a unique email that we create on your behalf to manage your job search from your ResumeSending Dashboard. ResumeSending will first create and then activate accounts on your behalf at various third party Job Boards so that your resume can be submitted for distribution. Resume Distributions will begin upon account activation and may continue for up to 72 hours. ResumeSending will post your resume to various thirty party ATS on your behalf. You will receive real-time notifications from Job Board submissions to your Resume Delivery Report and a centralized Job Alert Mailbox that can be accessed via your ResumeSending Dashboard.
The specific requirements to register on Job Boards is determined by each Job Board. ResumeSending may use any of the bio-data (contact and/or personal information, relevant work experience, geographical data, job requirements, etc.) from your resume to submit to the job boards in order to activate the account on your behalf without seeking prior consent to do so. Uploading a resume on our site gives us the right to use the bio-data in your resume for commercial usage by us and our partners.
Registration on job boards is carried out by our proprietary software scripts from the bio-data that was parsed by our software scripts. We are not responsible for any errors caused by these scripts. Once we submit your resume to a Job Board, we have no control over how they may use your contact information to offer other services. Each job board has their own terms and conditions that allow them to do so. You should regularly review the Job Board list in the Resume Delivery Report to access links where their terms of service may be found. GCN assumes no responsibility and disclaims all liability for the resume you upload and subsequently distribute through our Sites. If you become aware of any errors or inaccuracies on any such material, it is your sole responsibility to correct such information.
Once your resume has been uploaded to ResumeCertified.org, you will be responsible for updating your profile and purchasing our product which enables you to certify your resume with the BREES™ icons. After updating your profile, ResumeCertified.org will provide you with the tools available through the BREES™ system to verify the information on your resume as true and accurate. Uploading your resume to our Sites does not initiate the BREES™ system automatically; you are solely responsible for utilizing the tools provided to verify the information on your resume. We will send notifications regarding the completion of the process as you take the necessary steps to certify your resume. The BREES™ system allows you to provide information that is usually procured by the hiring manager during the pre-employment screening process. This information obtained using the BREES™ system is not intended to be an exhaustive check of employment, education, references, and other background information.
Currently Under Development
Currently Under Development
DATA DELIVERY & SUPPORT
GCN will provide reasonable assistance and ongoing support to assist you in accessing the Data. GCN will make its support personnel available by email. Support technicians can answer questions regarding issue resolution or general questions and will make reasonable efforts to acknowledge support requests within 48 business hours. If you require assistance, please contact a support technician from the Contact Us link on our website.
LIMITED LICENSE AND ACCEPTABLE USE OF DATA
You acknowledge that the Data may include names, emails, and phone numbers that appear on one or more do-not-contact lists maintained by a federal, state, provincial, or other governmental entity or whose use may otherwise be regulated. You are responsible for subscribing to all applicable do-not-contact lists and you further agree to comply with all such relevant Laws, including those relating to any such do-not-contact lists.
Upon expiration or termination of the Agreement, you shall discontinue use of the Data. If your account is terminated by GCN for any reason, your limited, nonexclusive, non transferable license will be revoked immediately upon account termination.
GCN reserves the right to review your use of the Data to ensure compliance with this Agreement, but any failure of GCN to review such use will not constitute acceptance of such use or waive any of GCN’s rights hereunder or limit any of your obligations with respect to the Data. At any time with at least 30 days notice, GCN may audit your records to determine whether you are in compliance with this Agreement and you will make available to GCN or its representatives all records necessary for the conduct of such an audit.
LIMITATIONS ON USE OF DATA SERVICES
In any of your advertisements or promotional or marketing materials or use of the Data, you will not name or refer to DirectHrContacts.com or GCN. You will not use the Data for consumer credit purposes, underwriting consumer insurance, employment purposes, tenant screening purposes, or for any other purpose covered by the federal Fair Credit Reporting Act or for any other purpose not expressly authorized by the Agreement. Your use of the Data will comply with all applicable federal, state, local and foreign laws, statues, rules and regulations (“Laws”), including Laws regarding telemarketing, email and facsimile marketing, customer solicitation, do-not-call lists, the use of automatic dialing equipment, and all applicable guidelines of the Direct Marketing Association (“DMA”) and you shall be responsible for compliance in connection with your use of the Data. If you are not a member of the DMA, you will use your best efforts to comply with the DMA’s guidelines.
You will not use the Data for commercial purposes not permitted under this Agreement and you shall use the Data in a responsible and professional manner consistent with the intended and permissible uses herein and consistent with standard industry practice.
LIMITED (DATA) WARRANTY
The Data is provided on a strictly “as is” basis. GCN does not assure or warrant the completeness or correctness of the Data and GCN disclaims any and all warranties of any nature, express or implied, including any warranties of merchantability or suitability for a particular purpose. All sales are final and no refunds will be issued. However, we offer a BOUNCE-BACK GUARANTEE that states if more than 5% of our emails bounce back, we will provide credits for more data.
After utilizing our free services or making a purchase on any of GCN’s Sites, you may receive offers for our other products that may be of interest to you. If you no longer wish to receive information from any of our Sites listed above, you can opt out of being contacted by unsubscribing from the email list.
After uploading or submitting any content to ResumeScoring.com, you will be provided with the opportunity to opt-in to several offers from our partners at ZipDoctor and TopResume.com as well as from our other Sites, which provide job search content and resources. These include: ResumeSending.com (Resume Distribution), JobAlerts.com, JobGrowing.com, LifeGuru.com, ResumeCertified.org, DirectHRContacts.com, and JobSeekerNewsHubb.com. If you choose to opt-in to any of these additional resources, you are giving consent for these Sites to contact you via email address, mailing address, phone number, or other modes of communication you provided in the content submitted to ResumeScoring.com. If you no longer wish to receive information from any of the Sites listed above, you can opt-out of being contacted by clicking on the unsubscribe button in the footer of the email.
As part of your Resume Distribution service, we will create a web-based email account for you to receive communications related to your job search in a centralized location on your ResumeSending Dashboard. Email services are provided for your personal use in relation to your job search correspondences as a result of the resume distribution services provided by ResumeSending.com. You agree to use this email service solely for the purpose of reviewing messages as the result of your ResumeSending resume distribution.
Email services will be utilized via ResumeCertified.org to inform you of the progress made using the BREES™ verification process, including but not limited to: notifications on the status of your background check, reference checks, and requests to view your BREES™ Report. In order to process the background check, ResumeCertified.org will utilize a third party service from First Line Screening, Inc. Before completing the background check, you will be responsible for signing the disclaimer associated with First Line Screening.
USER GENERATED CONTRIBUTIONS
Our Sites may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Sites, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Sites and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral
rights of any third party.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
- Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
By posting your Contributions to any part of the Sites or making Contributions accessible to the Sites by linking your account from the Sites to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions.
We are not liable for any statements or representations in your Contributions provided by you in any area on the Sites. You are solely responsible for your Contributions to the Sites and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Sites (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
We allow advertisers to display their advertisements and other information in certain areas of the Sites, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on our Sites and any services provided on the Sites or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Sites, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
SITE AVAILABILITY & MANAGEMENT
We try to ensure continuous availability of our Sites and all the services available on it but accept no responsibility for the consequences of interruptions or delays, however caused. All liability of GCN and its companies, its directors or employees howsoever arising for any loss whatsoever arising from your use of or inability to use the Sites and/or the Services is excluded, insofar as it is possible to do so in law. We may, additionally, alter the design and specification of our Sites at any time.
We respect the intellectual property rights of others. If you believe that any material available on or through the Sites infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by our Sites infringes your copyright, you should consider first contacting an attorney.
TERM AND TERMINATION
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of our Sites at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Sites. We also reserve the right to modify or discontinue all or part of our Products/Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of our Sites.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined to by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Westchester County, New York. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
In no event shall any Dispute brought by either Party related in any way to our Sites be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
EXCEPTIONS TO ARBITRATION
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on our Sites that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on our Sites at any time, without prior notice.
DISCLAIMERS & WARRANTIES
Our Sites are provided on an as-is and as-available basis. You agree that your use of our Sites services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, expressed or implied, in connection with our Sites and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of our Sites’ content or the content of any websites linked to our Sites and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Sites, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from our Sites, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our Sites by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via our Sites. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through our Sites, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Any material downloaded or otherwise obtained through the use of the Services are accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from GCN or through or from the Services shall create any warranty not expressly stated in these terms.
Save to the extent required by law, no representations, warranties or terms of any kind are made in respect of the Sites and/or the Services or their contents (including, without limitation, any views or comments made). All information and/or data included in and/or on the Sites, the Services and/or in any articles, blogs, career guides or contact listings made available on or by the Sites and/or the Services has been so made available for guidance only. In addition, GCN makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published on our sites. The information contained on our Sites may contain technical inaccuracies or typographical errors. Your use of such information and/or data is therefore entirely at your own risk. All liability of GCN, its directors, employees or other representatives howsoever arising for any loss suffered as a result of your use of the Sites and/or the Services is expressly excluded to the fullest extent permitted by law.
Our Services are intended for job seekers. Other than as expressly set in these Terms, GCN makes no warranty that (1) the Services will meet your requirements or expectations, (2) that your access to or use of the Services will be uninterrupted, timely, secure or error free, (3) that any defects in the Services will be corrected, or (4) that the Services or any server through which you access the Services are free of viruses or other harmful components, (5) that it will be effective in meeting your employment objectives.
GCN is not responsible for the accuracy of the material you upload to any of our Sites; if you find an error on any material you upload, it is your responsibility to correct it in a timely manner.GCN is not a recruitment firm or employment agency. As such, we cannot make any guarantee about your ability to gain employment. GCN is not involved in any interaction occuring between you and the employer or recruiter. GCN does not guarantee that using our Services will result in an interview, job, or follow-up from employers or recruiters; any communication or lack of communication between you and the employer or recruiter is not the responsibility of GCN. Nothing on our Sites shall be considered an endorsement, assumption of responsibility, or warranty with respect to any third party, whether in regard to their website, products and services, technology, or business practices.
LIMITATIONS OF LIABILITY
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of our Sites, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
USER & PERSONAL DATA
We will maintain certain data that you transmit to our Sites for the purpose of managing the performance of our Sites, as well as data relating to your use of our Sites. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using our Sites. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
To the extent that either party transmits or receives personal information, such party shall comply with all applicable laws, rules, and regulations regarding privacy and the lawful processing of personal information. To the extent that personal data obtained by you from GCN is subject to the E.U. General Data Protection Regulation (the “GDPR”), each party agrees that it is a “controller” with respect to such data as defined in the GDPR and agrees to comply with all applicable provisions. Notwithstanding anything in this Agreement to the contrary, Licensee shall not use any information subject to the GDPR unless it is for a purpose that constitutes a “legitimate interest” (including direct marketing) as defined in the GDPR, or you have another lawful basis to process such information.
- You may not assign, transfer, sublet, lease or delegate all or any of your rights and obligations, without GCN's prior written consent.
- GCN reserves the right to assign or transfer all or any of its rights and obligations under this Agreement to any companies in the same group as GCN or any other third party. In the event of assignment or transfer, notification will either be given to you by e-mail or posted on the Website.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting our Sites, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on our Sites, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA our Sites. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
In order to resolve a complaint regarding our Sites or to receive further information regarding the use of our Sites, please contact us at:
Global Career Networks, Inc.
1858 Pleasantville Road, Suite 110
Briarcliff Manor, NY 10510, United States
General Inquiries should be sent to email@example.com.
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