User Agreement

 

Last Updated: January 5th, 2019

 

The following User Agreement (the "Agreement") governs the use of the Jobroo.com online service (the "Service"), including, without limitation, the creation of job records and/or details related to a job search, the use of job search monitoring and alerts, and any additional services, whether free or provided on a paid subscription basis, as provided or made available by Opvitae, Inc. ("Opvitae," "Jobroo," "us," or "we"). PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS." THESE INCLUDE VARIOUS LIMITATIONS OF LIABILITY AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED." You can access this Agreement any time at https://www.Jobroo.com/useragreement. Your use of and/or registration with the Service constitutes your acknowledge that you have read and understood this Agreement and will constitute your ongoing acceptance of this Agreement. If you cannot accept this Agreement, please do not use the Service.

 

Opvitae reserves the right to modify or replace this Agreement at any time and in Opvitae's sole discretion. Opvitae will indicate at the top of this Agreement the date such document was last updated. Any changes will be effective immediately upon posting the revised version (or such later effective date as may be indicated at the top of the revised Agreement). It is your responsibility to regularly check the Jobroo.com website to determine if there have been changes to this Agreement and to review such changes. Your continued use of the Service following the posting of any changes to the Agreement will constitute your acceptance of any such changes. If you do not agree to the changes, you must stop using the Service.

 

Your failure to abide by this Agreement or any other terms or conditions posted anywhere within the Service may result in suspension or termination of your access to the Service, without notice, in addition to Opvitae's other remedies.

 

1.     Registration and Account Creation

1.1.    Registration Information

Jobroo may require that you register and/or set up an account to use all or a portion of the Service. In order to do so, you may be provided, or required to choose, a password, User ID, and/or other registration information, such as credit card information for elective services made available on a paid subscription basis (collectively, the "Registration Information"). You agree and represent that all Registration Information provided by you is accurate and up-to-date. If any of your Registration Information changes, you must immediately update it by editing your customer profile on the Service. In our sole discretion, we may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is offensive.
For additional information regarding use of personal information you supply or communicate to the Service, please see our Privacy Policy, at https://www.Jobroo.com/privacypolicy.

1.2.    Maintenance of Registration Information

If you register and/or set up an account on the Service, you are solely responsible for maintaining the confidentiality of your Registration Information, and for any failure to do so. You are solely responsible for all use of the Service by you and anyone you allow to access the Service. You may not sub-license, transfer, sell or assign your Registration Information and/or this Agreement to any third party without Opvitae"s written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement.

1.3.    Security; Mobile Use Precautions

If you have reason to believe that your account is no longer secure (e.g., loss, theft or unauthorized disclosure or use of your Registration Information or computer or mobile device used to access the Service), you must promptly change the affected Registration Information and notify Opvitae via the Contact Us page.

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If you elect to receive messages or other communications from the Service directly to your mobile device, you are solely responsible for keeping the Service updated with your current phone number. Opvitae shall not be liable for information sent to a device that is associated with your outdated mobile phone number. If you install any software or enable any service that stores information from the Service on any mobile device or computer, it is your responsibility, prior to transfer of such device, to remove your information or otherwise disable access to such software or service, in order to prevent unauthorized access to your information or account.

2.     Use of the Service

2.1.    Personal and Lawful Use Only

Unless otherwise specified, Opvitae grants you a limited right to use the Service for your personal, noncommercial use only. You agree to use the Service only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.

You will not do, nor attempt to do, any of the following with respect to the Service, except as expressly authorized in writing or otherwise enabled by Opvitae:

2.1.1.     access the Service in a manner or through an interface not provided or authorized by Opvitae, including but not limited to, any automated means (e.g., scripts or bots);

2.1.2.     reproduce, duplicate, copy, sell, trade, resell or exploit the Service; and

2.1.3.     republish or syndicate the information available on the Service (including but not limited to information made accessible to non-paying users via any portion of the Service provided on a paid subscription basis).

2.2.    Use by Children

The Service is not intended for users under the age of 18, and Opvitae does not knowingly collect personally identifiable information from users under the age of 18. Such users are expressly prohibited from submitting their personally identifiable information to us; any information submitted by such users will not knowingly be used, posted, or retained by us.

2.3.    User Conduct

You agree not to use the Service to upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable. You further agree not to upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

3.     Intellectual Property

3.1.    Use of Material

The Service contains material that is protected by state, national and international copyright, trademark and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from the Service. You may only download material from the Service and only use the Service for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.

3.2.    Ownership and Control

The content, organization, graphics, text, images, video, design, compilation, advertising and all other material on the Service, including without limitation, the "look and feel" of this website, are protected under applicable copyrights and other intellectual property or proprietary rights and are the property of Opvitae or its licensors. The copying, rearrangement, redistribution, modification, use or publication by you, directly or indirectly, of any such matters or any part of the website, including but not limited to the removal or alteration of advertising, except for the limited rights of use granted hereunder, is strictly prohibited.

3.3.    Compliance with Laws and Agreement

You agree to use the Service only for purposes that are permitted by any applicable law, rules, or regulations, and as permitted by this Agreement.

3.4.    Interference

You agree not to disrupt, overwhelm, attack, modify, or interfere with the Service or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others" use of the Service. You further agree not to alter or tamper with any information or materials on or associated with the Service. Other than connecting to Opvitae"s servers by http requests using a Web browser or through use of the mobile application provided by Opvitae, you may not attempt to gain access to Opvitae's servers by any means - including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Service or otherwise.

3.5.    Linking to Other Sites

You acknowledge that Opvitae has not reviewed and does not endorse the content of all sites linked to/from this Service and is not responsible for the content or actions of any other sites linked to or from this Service. Your linking to any other service or site is at your sole risk. By linking this Service to another service or site, you expressly agree to the disclosure of User Content permitted by or required to support such linking. You acknowledge that the Service may include links to job listings on third party sites and that Opvitae is not responsible for the content of such job listings.

3.6.    Export Control

You agree not to export or re-export any Opvitae products and/or services except in compliance with the export control laws of any relevant jurisdictions.

4.     User Content

4.1.    User Responsibility

You are solely responsible for the photos, profiles (including your name, image, and likeness), reviews, messages, notes, text, and other content that you upload, publish or display (hereinafter, "post") on or through the Service, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Service that you did not create or that you do not have permission to post. You understand and agree that Opvitae may, but is not obligated to, review the Service and may delete or remove (without notice) any site content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Service or provide to Opvitae.

4.2.    Content License

When you post User Content to the Service, you authorize and direct us to use and disclose the User Content as necessary to provide the Service and to make such copies thereof as we deem necessary in order to facilitate the transmission, posting and storage of the User Content on the Service. By posting User Content to any part of the Service, you automatically grant, and you represent and warrant that you have the right to grant to Opvitae and all other users an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to freely sublicense) to use, copy, modify, publicly perform, publicly display, reformat, translate, syndicate, republish, excerpt (in whole or in part), distribute, and prepare derivative works based on such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Service or the promotion thereof. You may remove your User Content from the Service at any time, but you acknowledge that Opvitae may not be able to and has no obligation to restrict any use by any other person, including other users, and the license that you have granted remains in effect.

4.3.    Ownership

We do not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in this Agreement and the terms of Section 4.4, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

4.4.    Feedback

Notwithstanding anything to the contrary in this Agreement, if you provide Opvitae with feedback, suggestions, testimonials, comments, ideas, ratings, reviews, bug reports, or any similar or related information ("Feedback"), you agree that (a) any and all right, title and interest to such Feedback shall become the exclusive property of Opvitae, (b) Opvitae shall be able to use and share such Feedback without your consent, only if Opvitae does not use your first and last name, (c) if you give prior consent, Opvitae shall be able to use and share such Feedback, while including your first and last name, (d) Opvitae owes you no obligation or compensation whatsoever regarding the Feedback, and (e) Opvitae may already have contemplated or be contemplating the same or similar ideas as your Feedback. If you do not agree with these terms regarding Feedback, or want to maintain ownership of any intellectual property contained in any specific Feedback, your sole option and recourse is to not submit such specific Feedback to Opvitae.

5.     Fees and Payments for Paid Accounts

5.1.    Premium Service Subscriptions

As used in this Section 5, " Premium Service " means any service made available as part of the Service on a paid subscription basis. If you subscribe to any Premium Service, you agree to pay any and all applicable fees (e.g., recurring monthly or annual subscription fees) incurred in connection with your account at the rates in effect when the charges were incurred. Opvitae will automatically charge your credit card at the beginning of the billing period, and billing will recur automatically at the interval you chose at signup until you change or terminate your account. Any change in the chosen payment method will go into effect for the next billing period. If you change your account to a type that does not require a paid subscription, you will retain access to the features for which you have already paid until the end of the current billing period. In contrast, if you terminate your account, such termination will be effective immediately, and you will not receive a refund for any amounts you already paid. You agree to pay any applicable taxes, and reimburse us for any collection costs and interest for any overdue amounts.

5.2.    Premium Service Free Trial Offers

If you receive a Premium Service free trial offer for a specific number of days, you will not be charged during the free trial time period if you elect to create an account for such Premium Service, but will be automatically charged on the day after your free trial period has ended for the subsequent period, in advance, in accordance with the "Premium Service Subscriptions" terms stated above in Section 5.1. Thereafter, you will be charged at regular intervals depending on your choice of service (monthly, annually, etc.) until you decide to cancel. Please make a note of when your free trial will expire as you may not receive additional notice prior to the automatic charge if you do not cancel before the free trial period expires. You are limited to one free trial per Premium Service. If you cancel a Premium Service after you have already registered under a free trial offer for the Premium Service and attempt to register for an additional free trial of the same Premium Service, Opvitae will automatically charge your credit card in accordance with the "Premium Service Subscriptions" terms stated above in Section 5.1. If you do not wish to pay the applicable fees for a Premium Service, you should cancel your account before the free trial period ends and not complete any subsequent registration for that Premium Service.

5.3.    No refunds

Unless we state in writing otherwise, all fees and charges are nonrefundable.

5.4.    Third Party Charges and Mobile Alerts

You are solely responsible for any fees or charges incurred to access the Service through an Internet access provider or other third party, including without limitation charges incurred to receive SMS messages or other mobile access, which may be billed to You or deducted from Your prepaid balance by Your mobile provider. You agree that Opvitae is not liable in any way for any third party charges.

6.     Indemnification

You agree to indemnify Opvitae and its affiliates, employees, agents, representatives and third party Service Providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys" fees) which may arise from your submissions, from your unauthorized use of material obtained through the Service, or from your breach of this Agreement, or from any such acts through your use of the Service.

7.     Liability Disclaimer And Limitation Of Liability

YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS", AND OPVITAE, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE. OPVITAE, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE.

WITHOUT LIMITATION, OPVITAE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CREATED OR PROVIDED THROUGH THE SERVICE. USERS ARE SOLELY RESPONSIBLE FOR ENSURING THE ACCURACY OF ALL INFORMATION PROVIDED TO THE SERVICE AND OPVITAE SHALL UNDERTAKE NO RESPONSIBILITY FOR DAMAGES CAUSED BY THE INCLUSION OF ERRONEOUS, INCOMPLETE OR OUTDATED INFORMATION.

THE THIRD PARTIES THAT SUPPLY JOB DETAILS AND ANY OTHER INFORMATION OR SERVICES THROUGH OR IN CONNECTION WITH OPVITAE"S SERVICE ARE INDEPENDENT CONTRACTORS, AND NOT AGENTS OR EMPLOYEES, OF OPVITAE OR ITS AFFILIATES. OPVITAE"S DISPLAY THROUGH THE SERVICE OF JOB INFORMATION OF SUCH THIRD PARTIES DOES NOT IN ANY WAY IMPLY, SUGGEST, OR CONSTITUTE ANY SPONSORSHIP OR APPROVAL BY OPVITAE OF SUCH THIRD PARTY OR ANY AFFILIATE OF SUCH THIRD PARTY. YOU AGREE THAT OPVITAE IS IN NO WAY RESPONSIBLE FOR THE ACCURACY, TIMELINESS, OR COMPLETENESS OF INFORMATION IT MAY OBTAIN FROM THESE THIRD PARTIES. YOUR INTERACTION WITH SUCH THIRD PARTIES IS AT YOUR OWN RISK. OPVITAE AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH THIRD PARTIES OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.

OPVITAE, ITS AFFILIATES, AND THEIR RESPECTIVE SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO: THE PROVIDING OF SERVICES HEREUNDER, THE DELIVERY OR NON-DELIVERY OF INFORMATION, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR USE OF OR RELIANCE ON THE SERVICE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. "SHOULD OPVITAE, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE SERVICE PROVIDERS NEVERTHELESS BE FOUND TO BE LIABILITY TO YOU OR ANY THIRD PARTY NOTWITHSTANDING THE FOREGOING, SUCH LIABILITY WILL NOT EXCEED $100.00 IN THE AGGREGATE.

8.     Service Modification; Termination Or Suspension Of Access To The Service

Opvitae has the right to modify the Service at any time without notice, including adding or removing features or functionality. Opvitae has the right to terminate and/or suspend your ability to access the Service or any portion thereof, for any or no reason, without notice.

9.     Dispute Resolution

If a dispute arises between you and Opvitae, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Opvitae agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (each, a "Claim") in accordance with one of the subsections below or as Opvitae and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution.

This Agreement and the relationship between us will be governed by the laws of the state of California and the Federal Arbitration Act. If any controversy or claim between you and us arises out of your use of the Services or this Agreement that is not resolved through direct discussions or mediation, the dispute shall be resolved by final and binding confidential arbitration before a single neutral arbitrator administered by the American Arbitration Association in accordance with its consumer arbitration rules or subsequent versions thereof ("AAA Rules," available at www.adr.org) or, if the claims qualify, in small claims court. In arbitration there is no judge or jury, and court review of an arbitration award may be limited. However, an arbitrator can award on an individual basis the same damages and relief as a court. To begin an arbitration proceeding, the party bringing a claim must send a letter to the other party requesting arbitration that describes the claim. We will send the letter to the address you have provided us. You must send the letter to us at: 3749 Buchanan Street, #371, San Francisco, CA  94123, Attention: Arbitration Request. The AAA Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in California. You may choose to have the arbitration conducted by telephone, based on written submissions or in person in the county where you live or at another mutually agreed location. We each agree that the statute of limitations for asserting any claims arising out of use of the Services or these terms shall be a period of one year from your last use of the Services. We each agree that any and all disputes, claims, and causes of actions arising out of or connected with this Agreement or the Services shall be resolved individually, without resort to any form of class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. Notwithstanding the foregoing, either of us may bring suit in court to enjoin infringement or other misuse of confidential information or intellectual property rights.

10.  General Provisions

Opvitae, Inc. is a Delaware corporation with its offices located at 3749 Buchanan Street, #371, San Francisco, CA  94123. This Agreement, together with the Privacy Policy, constitutes the entire and exclusive agreement between us with respect to their subject matter and governs your use of the Services, superseding any prior agreements or discussions between us with respect to that subject matter." If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.