By explicitly accepting the Terms, by signing up for an Account, OR by using any aspect of CJC’s Services, you are accepting the Terms in full. If you use the Services on behalf of another, you are deemed to be authorized to accept the Terms on their behalf. These Terms have the same effect as an agreement that you would sign with CJC, and are enforceable to the fullest extent at law and equity.
The Services are intended for users based in the United States of America and its territories. The Services are not intended for users based in, or who are residents of, the European Union or elsewhere.
Read these Terms carefully, since they govern the relationship between CJC and you. It includes important information about subscriptions, billing, warranties, and your use of the Services.
If you have questions about any of these Terms, or believe that any Term has been violated, contact firstname.lastname@example.org or call us at ___________.
- You or Our Users means any visitor to CJC’s website, user of its app(s) or website(s), and user of any other Service. You or Our Users also includes anyone contributing to the creation of Content and submitting it to the Services.
- Data means anything that you submit to CJC. Some Data is Personal Information; some is Content; some is not.
- Content means text, images, documents, information, sound files, or other sensory content that you generate, license, or provide to CJC to create your Profile or anything related to your Profile.
- Profile means the Data and Content you provide to CJC in relation to the Services, which CJC and you use to create a description of you, your business, and any other information relating to the Services.
- Account means your Profile, plus any billing information that you provide to CJC.
- Services means any and all sites, templates, products, applications, tools, products, and features owned or maintained by CJC.
- Personal Information means any information that CJC or its Host compiles or stores on your behalf, which is about you personally. This might include names, addresses, credit card numbers or other payment information, biometric data, protected classifications such as age, race, or religion, geolocation data, commercial information, employment information, internet or other network activity information, and the like.
- Host means HubSpot, Inc., CJC’s web hosting service, or any other third party web hosting service used by CJC.
- Minor, Child, or Children means, singularly or collectively (depending on context), any person(s) under the age of eighteen (18) years old.
- Account means any account relating to the Services set up by you or to which you contribute Data or Content.
- CJC, or us and we, in context, means Cyber Job Central, LLC.
- Visitor means a visitor to CJC’s website who does not set up an Account or submit any Data to us.
- End User means any person or entity who visits or uses your Profile, whether to apply for a job using CJC’s Services or otherwise.
- A third party is a person or entity that is not you or CJC. A third party may provide apps, services, content, or other information to create your Profile. A third party may also be an End User, or a professional or company retained by CJC to provide outside services. Third parties might include payment processors, license images, provide SEO or statistical information, or simply visit your Profile.
- A Claim is a loss, expense, damage, claim, demand, liability, fine, award, and cost, including reasonable attorneys’ fees, whether actual, potential, liquidated or fixed, sounding in law or equity, resulting from or arising from any violation of these Terms or any activity related to your CJC Account (including negligent or wrongful conduct) by you or any other person accessing your CJC Account.
- Your Account
- Creating an Account
2.1 Signing up. You must provide complete and accurate information to sign up for the Services. You must also update the information if it changes. If we need to contact you for any reason, we will need several different means of contacting you (such as an email address, telephone number, and physical address). When you sign up, you may be contacted by a CJC representative to clarify, or provide additional Data or Content, regarding your Profile.
2.2 Term. Your Profile will be created and maintained for a period of one (1) year from the date that your Profile is deployed. Your Account will be automatically renewed on each anniversary of the date your Profile is deployed.
- Securing your Account
2.3 Maintaining your Account information and password. Your Account enables you to access CJC’s Services. You must keep your Account information, contact information, and password safe and secure. CJC may, from time to time, update these Terms, provide notices, or contact you regarding your Account, so your contact information must be accurate and up to date. We are not responsible for inaccuracies in your information and we are under no obligation to confirm your contact information.
2.4 Security of your Account. You are solely responsible for the activity you undertake relating to the Content of your Account, whether you authorized that activity or not, unless CJC is directly responsible for that activity. If you become aware of any unauthorized activity in your account, or any unauthorized access, you must notify CJC immediately. Since your Account links to your Profile, it is essential that you safeguard your Account from misuse, misrepresentations from third parties, and the like.
2.5 Back up your Account and Content. You are responsible for maintaining, protecting, and making backups of your Content. To the extent permitted by applicable law, CJC will not be liable for any failure to store, or for loss or corruption of, your Content.
2.6 Suspected breaches of your Account. If you believe or suspect that your Account has been compromised or that information there has been breached, or that your payment method, password, or Personal Information has been misappropriated or stolen, you must immediately notify us at email@example.com so that we can investigate immediately.
- Who is not eligible for an Account.
2.7 Age requirement. The Services are in no way intended for Children. CJC does not knowingly collect Data from any Child, or allow a Child to register for an Account. If we learn that we have collected Data from a Child, or that a Child has opened an Account, we may delete Data without advance notice and terminate the Account. By signing up for an Account, you represent to us that you are of age to use the Services.
2.8 US users only. The Services are only intended to be used by persons and businesses inside of, and who are residents of, the United States and its territories.
2.9 Persons prohibited. The Services shall not be downloaded or exported to any country to which the United States has embargoed goods; or to any person on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders (the List). By using this site, you acknowledge that you are neither located in, nor under the control of, such a country or person, or are on any such list. Further, by using the Services, you agree to ensure that you do not provide access to the Services to any persons or entities on the List.
- Your Profile and What is Included.
2.10 Unlimited Job Posting and Candidate Searching; Monthly Payment. For unlimited job posting and candidate searching (an Unlimited Account), you can choose to pay on a monthly basis. This service will automatically renew annually unless you email us at firstname.lastname@example.org. See [LINK TO PAYMENT SECTION] for more information.
2.11 Unlimited Job Posting and Candidate Searching; Annual Payment. For unlimited job posting and candidate searching (an Annual Payment Unlimited Account), you can choose to pay on an annual basis for a discount. This service will automatically renew annually unless you email us at email@example.com. See [LINK TO PAYMENT SECTION] for more information.
2.12 Featured Employer. For a full-page company profile, featuring all open positions, and unlimited job posting and candidate searching (a Featured Employer Account), you would pay in full. This service will automatically renew annually unless you email us at firstname.lastname@example.org. See [LINK TO PAYMENT SECTION] for more information.
- Updates and upgrades to an Account.
2.13 Updates. CJC regularly updates its Services. Some updates may cause temporary difficulties with your Profile. We will provide advance notice to you of updates that might cause your Profile, especially any logos or design features, to look or function differently. You will have seven (7) days to preview any changes to your Profile and approve those changes. If you do not respond within the time frame, we will upgrade your Profile at our discretion to accommodate the update. CJC will not provide advance notice of updates that would not, under most circumstances, cause your Profile to look or function differently. If your Profile is affected negatively by an upgrade, contact us at email@example.com and we will be glad to assist.
2.14 Upgrades. CJC may offer upgrades to your Profile through separate purchasing options. You will be able to purchase upgrades at any time during the term of your Services.
3.1 Payments for Account Types.
3.1.1 Unlimited Account. An Unlimited Account costs $299.00 per month (not including applicable taxes), automatically billed on the first business day of each calendar month.
3.1.2 Payments for Annual Unlimited Account. An Annual Unlimited Account costs $2,999.00 per year (not including applicable taxes). The entire fee for the Annual Unlimited Account must be paid in full when the Annual Unlimited Account is set up or renewed.
3.1.3 Payments for Featured Employer Account. A Featured Employer Account costs $5,000.00 per year (not including applicable taxes).
3.2 Payment method. You agree to pay CJC the full amount of fees for each Service you use or purchase (including any upgrades) in accordance with the pricing and payment terms presented to you for that Service. If you provide us with payment information, then you agree that we will continue to use that method of payment unless and until either (a) you cancel the Services; (b) you supply us with alternate payment information; or (c) the account is no longer active or accepted by our third party payment processor. You also represent and warrant that you are an authorized user of that payment account, that all information you provide to us is accurate and current, and that you will promptly notify us of any changes to that payment method. All fees are non-refundable except as provided in the Terms or when required by law.
3.3 Taxes. You are also responsible for taxes or duties associated with your purchase of the Services, including any related penalties or interest (the Taxes). We will make every effort to charge the appropriate tax rate given your location and the location of CJC, and Taxes will be added onto your fees. Taxes are also non-refundable, except where provided in the Terms or required by law.
3.4 Chargebacks. If you contact your bank or credit card company to decline, charge back, or reverse the charge of any fees to us, or ‘charge back’ those fees to us, we may automatically terminate your Account. If you have a question about a payment made to CJC, email us at firstname.lastname@example.org to avoid an interruption in Services. We reserve our right to dispute any chargeback you initiate.
3.5 Third party payment processor. We use a third party payment processor to bill you through your Account. The processing of these payments are subject to the terms, conditions, and privacy policies of the payment processor, in addition to these Terms. Our current processor is Stripe and their policies and procedures are available at https://stripe.com/ssa. By using the Services, you agree that this processor’s terms and conditions are acceptable, and that you agree to pay that processor all charges at the prices then in effect. You also agree to make payment using the payment method you provide by initiating your Account. CJC reserves the right to correct, or instruct our processor to correct, any errors or mistakes – even if payment has already been requested or received.
3.6 Cancellation. To cancel your Account, provide at least thirty (30) days’ written notice to email@example.com. Cancellations must be in line with your billing cycle, in advance of the automatic renewal date of your Account. For example, if your Annual Unlimited Account starts on February 15, 2020, and you wish to cancel your Account on or before March 15, 2021, you must provide notice on or before February 14, 2021. However, if you have an Unlimited Account (which is month to month), which you wish to cancel on or before March 15, 2021, you must provide notice on or before January 31, 2021, since the billing cycle begins on the first business day of each month.
3.7 Periodic fee increases. CJC may increase the fees for your Account on an annual basis, but will provide prior notice of the increases and a time frame by which you will need to cancel in order for the increase not to apply to you.
3.8 Refunds. It is not our policy to issue refunds for your Profile. We may choose to provide a refund at our sole discretion or if we are required to do so by law.
3.9 Failure to pay. If you fail to pay any balance due and owing for your Account, your Profile may be suspended or cancelled. Be sure to update your payment information regularly.
- Intellectual Property.
- Your Content, Rights, and Responsibilities.
4.1 Your Content. You own your Personal Information, your Data, and the Content you generate that is maintained by CJC. This information is private by default, unless you yourself make them available to the public.
4.2 We never sell your Content, your Data, or your Personal Information to third parties. If we decide otherwise, we will provide advance notice to you and provide you with the option to cancel or delete your Account before the time when we would share that information.
4.3 You must ensure that your Content is yours. It is your responsibility to ensure that you are legally permitted to use or publish your Content. You must ensure that you have all the rights and permissions needed to use that Content in connection with the Services. For example, if you post an image, that image must be owned by you or licensed to you. CJC is not responsible for any actions you take with respect to your Content, including sharing it publicly.
4.4 Share Content responsibly. Content that you post or publish is accessible to third parties, even if you apply privacy controls. It is your responsibility to share Content responsibly, since CJC is not responsible for the Content that you generate or post through our Services.
4.5 Your Profile is your responsibility. Your Profile may have its own visitors and/or End Users. By using the Services, you understand and agree that your Profile, and any End Users of your Profile, are your responsibility. Your Profile will generate responsibilities – for example, if you will be hiring applicants through the use of your Profile, you must adhere to all applicable laws. You are responsible for compliance with any state, local, or Federal laws relating to your Profile and/or your End Users. CJC is not responsible for providing you with legal advice relating to your Profile or your End Users. This provision does not limit or affect any liability that we may have to you separately for any breach of other provisions of these Terms.
- CJC’s Content, Rights, and Responsibilities
4.6 CJC’s Content. CJC owns its Content, its models, forms, back-end coding, and intellectual property under any and all trademark, copyright, or other laws, whether in the United States or other countries. Included in this intellectual property is feedback that you may provide, such as reviews. CJC may also provide templates or other products with demo content to provide you with ideas for your Profile; these demos and templates are also CJC’s Content. You cannot use CJC’s Content or other intellectual property of any type, except as contemplated in these Terms.
4.7 Ways in which CJC may use your Content. CJC may choose to feature your Profile, your Content, and/or your feedback, whether in its original form or in an edited, summarized, or other form. Our use may include the use of your trademarks, service marks, or other intellectual property. We may edit, translate, reproduce, host, modify, publish, publicly display, publicly perform, publicly distribute, or create derivative works from the Content, provided that it is made clear that a user of our Services has generated the original Content. This license also extends to any trusted third parties we work with to the extent necessary to provide the Services to you. If you provide CJC with feedback about the Services, we may use your feedback without any obligation to you, including any payment obligation.
4.8 CJC’s license to use your Content. By using the Services, you grant CJC a limited, worldwide, non-exclusive, fully-paid, perpetual, irrevocable, sublicensable, and transferrable license to use your Content for our advertising or marketing purposes. We may also choose to use your Profile to create a template or model for our Services. This license permits CJC to share select Content publicly for our own advertising and promotions purposes, as well as to improve and provide Services. It does not affect any rights you may have under applicable data protection laws. The original Content remains yours in all respects except for the license outlined above, and you waive any Claims against CJC relating to moral rights, artists’ rights, or any other similar rights in your Content or other intellectual property. Nothing in this section affects any rights you may have under applicable data protection laws.
4.9 CJC may monitor your Content. CJC may also monitor your Content to ensure it complies with our [ACCEPTED USE POLICY LINK]. Content which violates that Policy will not be tolerated. If you use the Services in violation of this Policy, we may (among other remedies) cancel, terminate, delete, or suspend your Account or your Profile (but not suspend payment) unless and until all information outside of compliance with this Policy is no longer stored in your Account.
4.10 CJC’s Content is its property. All content appearing on or in the Services which is not Content, Data, or Information is owned or controlled by CJC and is protected by applicable intellectual property laws. You should presume that everything you see and read relating to the Services is copyrighted and/or trademarked, unless otherwise noted. If an item owned by CJC can be used on your Profile or otherwise by you, we will explicitly tell you – otherwise, presume that it cannot be used.
4.11 CJC’s Services are its property. In addition, CJC’s Services are its sole and wholly-owned property. By creating an Account and paying all fees associated with the Account, you have a right to use the Services on a non-exclusive, non-transferrable basis, without the right to sub-license the Services.
4.13 Beta testing. CJC may release Services that we are still evaluating. Those Services will be marked as beta, preview, early access, or similar. Services in beta testing phase may be less reliable than our typical Services. We reserve the right to discontinue beta tested Services at any time.
- Third Party content
4.14 Third party content generally. Third parties may have their own terms and conditions or other policies, and your use of them will be governed by those terms and conditions or policies. Third party sites may also be subject to other security measures – or may pose security risks. This might impact your Profile if you link your Profile to third party sites, even if those sites are – or should be – a website owned or managed by you, independent of your Profile. You bear the sole responsibility of meeting all terms and conditions or policies between yourself and third parties. You also bear the risk of dealing with those third parties.
4.15 Third party content. CJC may publish links in its Services to websites owned by unrelated parties, such as advertisers on our website. CJC does not represent that it has reviewed these third parties’ content, or the links, for accuracy, completeness, relevance, safety, security, or otherwise. Any links appearing on those third party sites, or any trademarks or service marks used in connection with such links, are and remain the sole property of the third parties who own them. Moreover, the content of those third party sites, and any effect they may have on you, your Profile, or your property, are solely the responsibility of such third parties, and not CJC. You post third party content, and visit links to third party content, at your own risk.
4.16 Third party updates. If third party content (such as apps or tools) is eligible for an upgrade, we may decide to upgrade. This may cause temporary difficulties with your Profile. We will provide advance notice to you of major upgrades that might cause your Profile to look or function differently. You will have seven (7) days to preview any changes to your Profile and approve those changes. If you do not respond to us within the time frame, we will upgrade your Profile to accommodate the update. However, CJC is in no way responsible for any content, apps, rollouts, plugins, or other hardware or software developed, sold, licensed, or implemented by a third party. We are also not responsible to you for any temporary suspension of your Profile or any disabling or removal of your Profile due to third party updates, and cannot be held liable for Claims such as loss of profits, revenue, data, goodwill, or other losses which you may experience as a result of third party updates (except where otherwise provided by applicable law).
4.17 Payment for third party services. Third party services (such as licensed images, services, or apps) which are purchased via your use of the Services may be subject to different refund policies that those third parties determine, and those may not be refundable. The purchase terms and conditions for those third party services may be displayed during the purchase process, such as through a link to their terms and conditions. It is your own responsibility to verify the supplier of those services, your ability to purchase, what you may receive for your purchase, any refund or cancellation terms, and other terms that the third party may impose. We do not offer refunds for purchases of services you make from third parties, even if they are within the context of our Services.
- Copyright Infringement.
4.18 Our philosophy. CJC respects intellectual property rights and expects its users to do the same. We respond expeditiously to Claims of copyright infringement which may be committed using our Services. We adhere to any and all applicable copyright or intellectual property law and we will, under appropriate circumstances and in our sole discretion, terminate Accounts of users who repeatedly infringe upon copyright or appear to be infringing. We may also remove content that allegedly infringes, or may restrict access to it. Therefore, please note that any information which is provided in a notice (or counter-notice) may be sent to the purportedly infringing User or any other person or entity if reasonably necessary to investigate an infringement Claim.
4.19 Notices of infringement. If you think that a Profile is infringing, you must provide us with a written notice that includes all of the following:
- “Infringement” in the subject line.
- Documentation of your original work, and either a link to the Profile you believe infringes or other information reasonably sufficient to permit us to locate the material on a Profile.
- Your full name, address, telephone number, and email address.
- A statement that you will agree to the jurisdiction of courts in and pertaining to Kent County, Delaware.
- A signature, whether electronic or physical, on behalf of the person or entity owning the copyright.
Refer to 17 U.S.C. § 512(c) for what else, if anything, must be included in the content of your notice, and be aware a notice that fails to include all relevant information required by statute will be deemed ineffective. Deliver the notice to CJC’s main office, addressed to Cyber Job Central, LLC, in care of Registered Agent Service Company, 614 N. DuPont Highway, Suite 201, Dover, Delaware 19901. Unless you confirm the delivery (such as by a commercial carrier or a read receipt), you cannot presume that CJC has received your notice.
If you send a notice described in this section knowing that statement(s) in the notice are not accurate or true, note that under applicable law, including 17 U.S.C. § 512(f), you may be liable for damages, including costs and attorneys’ fees incurred by CJC and others.
4.20 Counter-notices relating to notices of infringement. If you believe in good faith that a notice of copyright has been wrongfully filed against you, you may send us a counter-notice. The counter-notice must contain:
- “Infringement – Counter-Notice” in the subject line.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (the description from the copyright notice will suffice).
- Your full name, address, telephone number, and email address.
- A statement that you will agree to the jurisdiction of courts in and pertaining to Kent County, Delaware.
- A signature, whether electronic or physical, on behalf of the person or entity owning the copyright.
Deliver the counter-notice to CJC’s designated agent, Registered Agent Service Company, 614 N. DuPont Highway, Suite 201, Dover, Delaware 19901. Unless you confirm the delivery (such as by a commercial carrier or a read receipt), you cannot presume that CJC has received your counter-notice. We will then send the counter-notice to the party who notified us of the potential infringement, and that party will have thirty (30) days to notify us that they have filed legal action relating to the allegedly infringing material. If we do not receive that notice within thirty (30) days, we may restore the material to the Services.
This policy may be modified from time to time. We will post the most current version in our site. If there is a modification that meaningfully affects your rights, we will notify you in accordance with our [LINK TO NOTIFICATION POLICIES] in the Terms of Service.
- Your Responsibilities
5.1 Protecting End Users. The Services include features enabling you to use your Profile to collect Personal Information regarding your End Users. We are not a party to any agreement that you may have with your End Users. You alone are responsible for protecting the Personal Information of your End Users, as well as complying with any and all state, federal, or local law regarding Personal Information.
5.2 No tax advice or legal advice. Though CJC provides Services regarding employment, it cannot provide you with tax advice on any aspect of retaining talent or otherwise. CJC also provides no legal advice to any Account holders in any way. You are responsible for ensuring that your legal obligations are fully met.
5.3 Disclaimer. CJC is not responsible for any Claims, warranties (or limitations of warranty), or other issues arising from the use of your Profile. CJC does not review, vet, or otherwise check any user of Services.
5.4 Suspending, restricting, or disabling access to your Profile. If CJC believes that the Terms are being violated under this section, CJC may, in its sole discretion and without advance notice to you, suspend, restrict, or disable access to your Account, take down or suspend your Profile, or otherwise prevent the continuation of your unlawful conduct. CJC will do this without any liability to you or any of your End Users, including (without limitation) lost profits, revenue, goodwill, data, or intangible losses (except as provided by law).
- 6. CJC’s rights to promote security and integrity.
6.1 Reservation of rights. Except where prohibited, CJC can (a) change the Services, in whole or in part; (b) terminate, restrict, suspend or discontinue any part of or all of the Services; (c) terminate, suspend, restrict, or discontinue access to your Profile or any part of your Profile; (d) change our eligibility criteria to use your Profile and our Services. This may result in you losing control of or access to your Profile.
6.2 Disputes about ownership or Content. Our policy is not to become involved in a dispute about who owns your Profile or the Content in your Profile, who is authorized to access your Profile, and who is authorized to create or provide Content for your Profile. However, we reserve the right to make a determination as to the ownership of, unauthorized access to, or wrongful use of your Profile, and to request documentation as we may feel is needed to make that determination. A determination may include transferring your Profile to a different owner under the circumstances. Our decision is final.
6.3 Encryption. CJC may offer HTTPS encryption for your Profile. By using the Services, you agree that we may create and maintain a certificate for the limited purpose of providing HTTPS encryption for your Profile.
- Your Profile and End Users’ privacy.
- Suspending or terminating Services or your Account.
8.1 If you wish to suspend or terminate the Services. You can suspend or terminate the Services in compliance with Section 3.6 of these Terms.
8.2 If we suspend or terminate the Services. CJC may terminate your Services at the end of a billing cycle by providing at least thirty (30) days’ advance written notice to you. We may terminate your Services for any reason stated in these Terms. CJC may also suspend or terminate your Account if (a) you have materially breached these Terms or the terms and conditions required by any third party service provider, and you have failed to cure that breach within thirty (30) days after CJC or the third party has so notified you in writing; or (b) you fail to pay fees for thirty (30) days past the due date. Additionally, CJC may limit, suspend, or terminate the Services to you: (i) if you fail to comply with these Terms, (ii) if you use the Services in a way that causes legal liability to us or disrupts third parties’ use of the Services; or (iii) if we are investigating suspected misconduct by you or suspected violation of the Terms. If you repeatedly or egregiously breach these Terms, CJC may take additional measures to further prevent the use of any Services by you, including blocking your IP address.
8.3 Advance notice. If we limit, suspend, or terminate the Services you receive, we will endeavor to give you advance notice and an opportunity to export a copy of your Content from that Service. However, there may be time sensitive situations where CJC may decide that we need to take immediate action without notice. In those situations, we will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action.
8.4 Deletion of Account. Any Content, Data, and/or Personal Information which relates to your Account will typically be deleted immediately upon the termination of Services under this section. CJC has no obligation to retain your Content upon termination of the applicable Service. If CJC does not delete the Content, Data, and/or Information, you can request that your Account be deleted by emailing us at firstname.lastname@example.org. If you request that the Account be deleted, you understand that deletion means that all Personal Information, Content, and Data will likewise be deleted. We may verify the request prior to deletion. However, CJC is not required to delete the Account or information therein, if any of the following apply:
- You have a pending transaction for which CJC needs to be paid;
- We need your Account to be open in order to detect security incidents; protect against malicious, deceptive, fraudulent, or illegal activity; and comply with legal process to prosecute against such activity;
- We need your Account to be open in order to identify and repair errors that impair existing intended functionality;
- There is a dispute regarding the exercise of free speech, whether as to your free speech or the free speech of a third party; or a dispute regarding the exercise of other rights at law;
- We need your Account to be open in order to comply with any State or Federal law;
- CJC becomes involved in a public or peer-reviewed scientific, historical, or statistical research matter in the public interest that adheres to all other applicable ethics and privacy laws, when the business’s deletion of the information is likely to render impossible or to seriously impair the achievement of such research, so long as you have provided informed consent;
- We need your Account to be open for solely internal uses that are reasonably aligned with your expectations based upon your relationship with CJC;
- We need your Account to be open to meet a legal obligation; and/or
- We must otherwise use your Content, Data, and Personal Information internally in a lawful manner which is compatible with the context in which you provided us with your Content, Data, and Personal Information.
8.5 Billing for suspended or terminated Services. As stated in our [LINK TO FEES SECTION], if your Account is terminated partway through a billing cycle, your last payment will be at the end of the billing cycle before you notify us of the termination of your Account. You will not receive a refund for any period of time that you did not use in the billing cycle, unless you are terminating because either (a) we have materially breached these Terms and failed to cure that breach within thirty (30) days after you have so notified us in writing; or (b) a refund is required by law.
- Updates and changes to these Terms.
9.1 Changes to the Terms. CJC may change these Terms at any time and for many different reasons – whether to reflect changes in law, changes in Services, account for changes in functionality, or other reasons. The most recent version of these Terms will always be posted on our website in their entirety. If CJC believes, in its sole discretion, that a change to the Terms will affect you in a material way, then we will notify you via email. Changes will be effective on the day that they are posted to the Services, and will apply going forward.
Some changes may require your consent to become effective; some may require advance notice; some may simply require posting on our website. If you do not want to agree to any changes to the Services, therefore, the best way to make that clear is to discontinue using the Service in question. If you choose to continue using the applicable Service, you consent to the new Terms of that Service simply by continuing to use it.
9.2 Changing Services. CJC may add, alter, or remove functionality from a Service at any time, and may also discontinue, limit, combine, redesign, or suspend a Service at any time. If we discontinue a Service, we will do our best to provide you with reasonable advance notice to permit you to export Content, Data, or Information from the Services. However, we cannot extend a timetable to discontinue of a Service to permit you to do these exports.
9.3 Downgrading your Account. If you choose to downgrade your Account, you may lose Content, features, functionality, or storage capacity, among other items. Contact us at email@example.com for more information.
- Disclaimers; limiting liability.
10.1 Disclaimer. CJC makes no representation of any type regarding the materials, information, services, and products in this site, including, without limitation, text, graphics, and links. All are provided “AS IS” and without warranties of any kind, whether express or implied. To the fullest extent of all applicable law, CJC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, freedom from computer virus or file corruption, and warranties arising from course of dealing or course of performance. CJC does not represent or warrant that the functions contained in the Services will be uninterrupted and/or error-free, that defects will be corrected, or that hardware or software used in providing the Services are free from viruses or other harmful components. CJC does not make any warranties or representations regarding the use of the Services in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
10.2 Limitation on liability. You acknowledge and agree that to the fullest extent permitted by applicable law, in no event will CJC, its affiliates, and its and their directors, officers, employees and agents be liable with respect to any Claims arising out of or related to the Services or this Agreement for: (a) any indirect, special, incidental, exemplary, punitive or consequential damages; (b) any loss of profits, revenue, data, goodwill or other intangible losses; (c) any damages related to your access to, use of or inability to access or use parts, some or all of your Account, your Profile, or parts or all of the Services, including without limitation interruption of use or cessation or modification of any aspect of the Services; (d) any damages related to unavailability, degradation, loss, corruption, theft, unauthorized access or, unauthorized alteration of, any content, information or data, including without limitation your Content; (e) any Content or other conduct or content of any user or third party using the Services, including without limitation defamatory, offensive or unlawful conduct or content; or (f) any third party services or third party sites accessed via the Services.
10.3 No damages. CJC shall not be liable for any direct, indirect, special, punitive, incidental, exemplary, or consequential damages, or any damages whatsoever, even if CJC has been advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this site. Since CJC is primarily for the use of consumers, lost profits damages shall not apply under any circumstances. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. If any damages are adjudged to be due and payable, they shall be limited to only the amount of fees paid by you or on your behalf to CJC, not including taxes.
10.3 Indemnification. By accessing and/or using the site, or using any Services, you agree to indemnify, hold harmless, and defend CJC, its officers, directors, employees, contractors, agents, licensors, and suppliers from and against all Claims. This indemnification includes any Claims relating to your End Users; third parties; governmental entities or taxing authorities; Visitors to your Profile or a website maintained by you or on your behalf; or any other person or party or operation for which CJC could potentially be held jointly or severally liable. This indemnification does not apply to the extent that any Claim arises directly from CJC’s breach of these Terms, to the extent that the consequences were not reasonably foreseeable.
- Dispute resolution.
11.1 Principles of dispute resolution. Disputes relating to your Profile, your Account, or the Services must be resolved through alternative dispute resolution, including binding arbitration as stated in these Terms. The procedures of arbitration are different and usually more limited than the procedures of a typical lawsuit, and there may be rights available to either CJC or you in a lawsuit that would be unavailable in an arbitration.
11.2 Who will not be required to adhere to dispute resolution procedures. Note that the dispute resolution procedures detailed here will be used to resolve disputes arising from your Account, the Services, or these Terms, except as provided in the copyright section above.
11.3 Dispute resolution procedure. If you have a Claim relating to CJC, you must follow these steps:
11.3.1 Email firstname.lastname@example.org to attempt to resolve the Claim. Provide a full description of your Claim and your current contact information. We will try to resolve the dispute informally by reaching out to you via email, phone, or otherwise. If we cannot resolve the dispute within thirty (30) days after your email, you or CJC may bring a formal Claim.
11.3.2 Unless you opt out during the Opt-Out Period, you and CJC agree to resolve any and all Claims, disputes, and matters arising out of your Profile, the Services, or your Account (including but not limited to the existence, formation, operation, or termination of same) through final and binding arbitration. You and CJC expressly waive the right to any formal court proceedings, such as trial by jury, except as stated in these Terms.
11.4 Time for filing for arbitration. Any arbitration must be commenced by filing a demand for arbitration within one hundred eighty (180) days of the date that the party who asserts a Claim first knows or reasonably should know of the act, omission, or default giving rise to the Claim. If the Claim has a shorter statute of limitations under applicable law, the shorter statute of limitations shall apply instead.
11.5 Arbitration procedures. CJC works with JAMS, Inc. (JAMS), which will administer the arbitration in accordance with the JAMS Streamlined Arbitration Rules & Procedures (“JAMS Rules”) in effect at the time of the dispute. You and CJC agree that this Agreement affects interstate commerce, so the US Federal Arbitration Act and federal arbitration law apply and govern the interpretation and enforcement of these provisions (despite Section 12.2 below). Any arbitration hearings will take place at a location to be agreed upon in Dover, Delaware, in English, and shall be settled by one (1) commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the JAMS Rules. The arbitrator must follow these Terms as an agreement between the parties and can award the same damages and relief as a court (including without limitation reasonable attorneys’ fees and costs), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
11.6 Arbitration fees. JAMS Rules will govern the payment of all arbitration fees. We will not seek our attorneys’ fees or costs in arbitration unless the arbitrator determines that your claim is frivolous.
- Exceptions to arbitration.
11.7 Opting out of arbitration. You can decline to arbitrate under these Terms by emailing us at email@example.com within thirty (30) days after your Profile is deployed. Your email must be set from the email address used on your Account and must include your name, your relationship to the Account holder, your corporate or residence address, and a clear statement that you want to opt out of arbitration. If you opt out of arbitration, then you do still need to adhere to Sections 11.9, 11.10, and 12. However, the other arbitration policies will not apply to you. If you have questions, email us at firstname.lastname@example.org.
11.8 Exceptions to arbitration. Either you or CJC may bring a lawsuit for injunctive or equitable relief only, to stop unauthorized use or abuse of the Services, or for issues relating to infringement or suspected infringement of intellectual property rights. If you do bring claims, you must do so in courts of competent jurisdiction in and pertaining to Kent County, Delaware.
11.9 Time for filing. Any claim which is not subject to arbitration must be commenced within one hundred eighty (180) days after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim. If applicable law prohibits a one hundred eighty (180) day limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
11.10 No class actions. By using the Services or opening an Account, you agree that you may only resolve disputes with us on an individual basis. You agree not to bring a Claim as a plaintiff or class member in a class action, consolidated action, or representative action. Class actions, class arbitrations, private attorney general actions, and consolidation with other arbitrations will not be permitted.
12.1 Entire agreement. These Terms, along with the [LINK TO PRIVACY, ACCEPTED USE POLICIES], and any changes to the Terms, are the entire agreement between you and CJC respecting the Services, your Profile, and your Account. The Terms supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. You agree that you have not relied upon, and have no remedies in respect of, any term, condition, statement, warranty or representation except those expressly set out in the Terms. You also may be subject to additional terms, policies or agreements that may apply when you use other services, including services, apps, or other items supplied by third parties. These Terms create no third party beneficiary rights.
12.2 Intended for US users only. The Services are intended for users who are residents of the United States of America and its territories. By using the Services, creating an Account, or obtaining your Profile, you agree and acknowledge that you are not based in the European Union or otherwise outside of the United States or its territories.
12.3 Controlling law and judicial forum. These Terms (including the existence, formation, operation and termination of any Term) and the Services as well as all disputes and matters arising out of or in connection with the Terms and the Services (including non-contractual disputes and matters) shall be governed in all respects by the laws of the State of Delaware, without regard to its conflict of law provisions. If Section 11 is found not to apply to you or your claim, or if you opt out of arbitration pursuant to Section 11.7, you and CJC agree that any judicial proceeding (other than small claims actions) arising out of or in connection with any of these Terms (including their existence, formation, operation and termination) and/or the Services (including non-contractual disputes and matters) must be brought exclusively in the federal or state courts of Kent County, Delaware and you and CJC consent to venue and personal jurisdiction in such courts.
12.4 No waiver. A party’s failure to enforce, or delay in enforcing, a Term is not a waiver of its right to enforce that Term, or any Term, later.
12.5 Severability. If any Term is found unenforceable, the remaining Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.
12.6 Assignment. You may not delegate, transfer or assign your Account, your Profile, or the Services, or any of your rights or obligations hereunder, without our prior written consent, and any such attempt will be of no effect. We may delegate, transfer or assign the Services, your Profile, your Account, or these Terms, or some or all of our rights and obligations hereunder, in our sole discretion, to any of our affiliates or subsidiaries or to any purchaser of any of our business or assets associated with the Services, with thirty (30) days prior written notice.
12.7 Modification. We may modify the Terms from time to time, and will always post the most current version to our site. If a modification meaningfully affects your rights, we will notify you (for example, by email or on our site). The notice will designate a reasonable period for you to review the modifications, after which they will take effect. Modifications to Terms will not apply retroactively. By continuing to use the Services or your Account after Terms are modified, you are deemed to accept the modified Terms and to be bound by them. If you disagree with a new Term, you must stop using your Account and the Services.
12.8 Events beyond our control. If there are events beyond our reasonable control, such as riot, flood, solar flare, fire, civil commotion, terrorism, insurrection, failure of any computer interconnection or necessary technological system, failure of any internet service provider, failure or delay in transmission of communications, pandemic, or other natural or man-made disasters, that prevents our partial or full failure to provide Services or your Account, we are not in breach of these Terms.
12.9 Translation. These Terms are prepared and written in English. To the extent that any translated version conflicts with the English version, the English version controls, except where prohibited by applicable law.
12.10 No relationship. These Terms do not create a partnership, employer-employee relationship, agency relationship, or other type of relationship at law.
12.11 No third party beneficiaries. Notwithstanding anything in these Terms, these Terms do not create a third party beneficiary relationship between you, CJC, and any other person or entity.