Your Career Genie Terms of Service

Your Career Genie Terms of Service
Last revised January 8, 2015

PLEASE READ CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to YourCareerGenie.com ('Your Career Genie' or 'us' or 'we')! We offers this website, including all information, software, products and services available from this website or offered as part of or in conjunction with this website (the "website"), to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated here. Your Career Genie reserves the right to make changes to these Terms of Service immediately by posting the changed Terms of Service in this location without notice to you. Your continued use of the Web site constitutes your agreement to all such terms, conditions and notices, and any changes to the Terms of Service made by Your Career Genie. If you do not accept these Terms of Service or do not meet or comply with their provisions, you may not use the website.

YOU AGREE THAT BY USING THIS SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. You certify to Your Career Genie that: (i) you are at least eighteen (18) years of age; (ii) you assume full responsibility for the use of the Service by any minors; (iii) you agree that all information you have submitted through the Service, online or otherwise, is accurate and complete, and that you have not knowingly submitted false information on or through the Website or Service; and, (iv) your use of the Service is subject to all applicable federal, state, and local laws and regulations.

General Use Restrictions

Where you provide "prior express written consent" within the meaning of the Telephone Consumer Protection Act (“TCPA”), you consent to receive telephone calls, including artificial voice calls, pre-recorded messages and/or calls delivered via automated technology, and text and SMS messages to the telephone number(s) that you provided from us and the marketing partners listed. You are not required to provide this consent to purchase goods or services offered on the YourCareerGenie websites. Your consent simply allows us to contact you via these means. If you provide consent, YourCareerGenie an affiliate of ours and any of our other affiliates or Marketing Partners named in the consent may send you SMS messages from their short codes or long codes. Recurring messages are maximum 9 messages per month. Message and data rates may apply. Text STOP to opt-out from future messages and HELP for help. The mobile carriers are not liable for delayed or undelivered messages.

All information, documents and Services provided on this website, including trademarks, logos, graphics and images (the "Materials") are provided to you by Your Career Genie. Except as expressly stated herein, you acknowledge that you have no right, title or interest in or to the Materials on any legal basis.

Your Career Genie grants you a limited right to display the Materials on your personal computer, and to copy and download the Materials displayed on this Site, provided that: (1) both the our copyright notice (set forth below) and this permission notice appear in the Materials so displayed, copied or downloaded, (2) such display, copy or download is solely for your personal and/or internal business purposes. You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner. This limited license will terminate automatically, without notice, if you violate these Terms. Upon any termination of this limited license, you agree to immediately destroy any electronic or printed Materials and cease using the website.

You are prohibited from taking any action to circumvent or attempt to circumvent the security and access control provisions of the website. If we become aware of any of these activities, we may investigate, respond, and, if appropriate, we may work with law enforcement authorities in such investigations and for the purpose of prosecuting offenders. Such prohibited conduct includes, but is not limited to, any efforts to (a) access personally identifiable information not intended for you, (b) test the security measures on the website and/or attempt to identify system vulnerabilities, (c) modify, reverse engineer, disassemble, decompile or otherwise attempt or allow others to attempt to discover the underlying computer code for the website, or (d) overwhelm or disable the website or otherwise interfere with the access and use of the website by any other user. Your continued use of the website is expressly conditioned on your compliance with these prohibitions. Without limiting the generality of foregoing, you acknowledge that we expressly prohibit and you agree not to:

  • Use the website to violate any applicable law or regulation, including, without limitation, the infringement of any copyright, trademark, trade secret or other intellectual property right of others, or violate the privacy or publicity rights of any other person.
  • Post any information that is abusive, defamatory, discriminatory, hateful, obscene, vulgar, sexually-orientated, threatening, or otherwise objectionable.
  • Post any position or business opportunity which requires payment from the applicant or requires recruitment of other individuals, sub-distributors or sub-agents such as a multilevel marketing scheme, pyramid scheme, franchise or distributorship arrangement.
  • Use the Site, Services and/or Materials for any purpose other than to identify employment opportunities for yourself or to identify prospective employees for users' employment opportunities.
  • Take any action that imposes an unreasonable or disproportionately large burden on website's infrastructure.
  • Use any robot, spider or other program or device to retrieve or index any portion of the website;

You understand that the website contains content created by Your Career Genie as well as content provided by third parties. The foregoing prohibitions do not impose on us, and we do not assume, any obligation to monitor or remove any postings or other information or communication submitted by third parties. You hereby acknowledge and agree that you may be exposed to content that may be offensive, indecent or objectionable or that is inaccurate, and you bear all risks associated with using that content. YOU HEREBY ACKNOWLEDGE AND AGREE THAT ALL SUBMISSIONS BY ANY USER OR EMPLOYER EXPRESS THE VIEWS OF THE AUTHOR, AND YOUR CAREER GENIE WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR THE CONTENT IN SUCH SUBMISSIONS. Your access to the website is taken at you own risk and we are not responsible for any offensive or otherwise objectionable materials that may be posted by any third party. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.

Third Party Content

Third parties may provide certain information, content and links to Your Career Genie ("Third Party Content"). The Third Party Content is, in each case, the copyrighted work of the creator/licensor, and may be subject to terms of use and/or privacy policies of such third parties. Please contact the appropriate third party for further information regarding such terms. YOUR CAREER GENIE DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO CONTENT PROVIDED BY THIRD PARTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

Links To Third Party Websites

Our website provides links to other Third Party Websites sites or resources over which we do not control ("External Web Sites"). Such links do not constitute an endorsement of those External Web Sites. You acknowledge that we provide these links only as a convenience, and further agree that we are not responsible for any content on such External Web Sites. If you decide to leave Your Career Genie and access the External Web Sites or to use or install any External Web Site applications, software or content, you do so at your own risk and you should be aware that these terms and our other policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site you navigate to or relating to any applications you use or install from such site. Your use of External Web sites is subject to the terms of use and privacy policies located on the linked to External Web sites.

Privacy Policy

Your use of the website is governed by the Your Career Genie Privacy Policy, available at http://yourcareergenie.com/privacy-policy (the "Privacy Policy").

Trademarks and Copyrights

The trademarks, service marks, brands, names, logos and designs ("Trademarks") of Your Career Genie or others used on this website are our property or the property if its respective owners. You may not remove or alter any Trademark. You may not use any trademark displayed on the website without the express prior written permission of intellectual property owner, and nothing contained on this website grants by implication, waiver, estoppel or otherwise, any right to use such trademarks. All of the Materials appearing on this website, including but not limited to, text elements, site design, images and icons, as well as the selection, assembly and arrangement thereof, are the sole property of Your Career Genie, unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.

Indemnification

You agree to defend, indemnify and hold harmless Your Career Genie and its affiliates, representatives, partners, agents and employees from and against any and all liabilities, claims, costs and expenses, including attorneys' fees, which arise out of or in connection with your use of this website or breach of these Terms.

Disclaimer of Warranty

YOU ACKNOWLEDGE AND AGREE THAT THIS WEBSITE AND ITS SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND MAY INCLUDE CERTAIN ERRORS, OMISSIONS, OUTDATED INFORMATION WHICH MAY AFFECT THE QUALITY OF THE MATERIALS. YOU ACKNOWLEDGE THAT THE MATERIALS HAVE NOT BEEN INDEPENDENTLY VERIFIED OR AUTHENTICATED IN WHOLE OR IN PART BY YOUR CAREER GENIE, AND AGREE THAT WE DO NOT WARRANT THE ACCURACY OR TIMELINESS OF THE MATERIALS AND FURTHER AGREE THAT YOUR CAREER GENIE HAS NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE MATERIALS, WHETHER PROVIDED BY US OR OUR LICENSORS.

YOUR CAREER GENIE, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE WEBSITE, INCLUDING WITHOUT LIMITATION THE MATERIALS AND ANY THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ANY INFORMATION OR MATERIAL CONTAINED ON THE WEBSITE IS PROVIDED TO YOU ON AN "AS IS" AND "WHERE-IS" BASIS, AND IS FOR PERSONAL USE. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. WE PROVIDE THE SERVICES "AS-IS" WITHOUT ANY WARRANTY OF ANY KIND.

WE MAKE NO REPRESENTATION THAT THE MATERIALS ON THIS WEBSITE CONFORM TO YOUR LOCAL LAWS, AND IF YOU ARE ACCESSING THIS WEBSITE FROM A LOCATION OUTSIDE THE UNITED STATES, YOU ALONE ARE RESPONSIBLE FOR COMPLIANCE WITH YOUR LOCAL LAWS. WE HEREBY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.

Limitation of Liability

YOUR CAREER GENIE AND ITS PARTNERS, AGENTS, AFFILIATES, THIRD PARTY PROVIDERS OR CONTENT PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FORM OF DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED USE OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO, THE RESULTS OF YOUR USE OF THE WEBSITE, OR ANY EXTERNAL WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS ON THE SITE, HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF YOUR CAREER GENIE WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

DMCA Notice and Trademark Infringement

Your Career Genie respects the intellectual property rights of others. If you believe something on this website has infringed your intellectual property rights, our policy is to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (the "DMCA"); please provide the following information in writing:

  1. An electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the work claimed to have been infringed;
  3. Identification of the material that is claimed to be infringing and where it is located on the website;
  4. Information reasonably sufficient to allow us to contact you, such as your address, telephone number, and e-mail address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of it not authorized by the intellectual property owner, its agent, or the law;
  6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the intellectual property owner or are authorized to act on behalf of the owner.

Our Agent can be reached using the Contact Us link on the website.

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORYNEYS' FEES.

In accordance with the DMCA and other applicable law, we have a policy of terminating, if appropriate, Users, third party posters and employers who are deemed to be repeat infringers.

Choice of Law, Arbitration and Class Action

This Agreement shall be treated as though they were executed and performed in Los Angeles, California and shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles. Should a dispute arise concerning these Terms of Service or the website or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association office in Los Angeles County, California; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found Here. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice ("Final Settlement Offer"). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before the American Arbitration Association, by filing a separate Demand for Arbitration. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration.

To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Your Career Genie and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that we may incur in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the website.

Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator's decision and any award contained therein.

General

We operate and control this website from within the United States and make no representation that the website or the Materials are appropriate or will be available for use outside of the United States. If you use this website from outside the United States, you are solely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Materials. All disputes, actions, claims, or causes of action related to these Terms of Service or in connection with this website may only be brought in the federal and state courts located in Los Angeles County, California. If any provision of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Your Career Genie to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us, in writing. No joint venture, partnership, employment or agency relationship exists between you and Your Career Genie. These Terms of Service comprise the entire agreement between you and Your Career Genie and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.

Contact us: If you would like to request additional information regarding these Terms of Service, please contact us using our contact form on the website.