Terms & Conditions
THE TERMS AND CONDITIONS OF THIS AGREEMENT
The Site is owned and operated by the Ultimatejoblist.com
By accessing the Site or otherwise using the Services, you acknowledge that you have read and agree to be bound by this Agreement. If you do not agree with any of the terms of this Agreement, you do not have permission to access the Site or use the Services.
In addition, you may also be asked to enter into additional agreements before being permitted to access certain of the Services. Those additional agreements are made a part of this Agreement and will govern your use of the Services covered by the additional agreements. In the event of a conflict between the terms of this Agreement and those additional agreements, the terms of the additional agreements shall govern.
Ultimatejoblist.com reserves the right, in its sole discretion, to modify this Agreement at any time by posting a modified version of this Agreement to the Site. You agree to be bound by the modified Agreement through your continued access to the Site or use of the Services.
- Minimum Age. If you are an individual, to use the Services you agree that you must be the “Minimum Age,” which is 16 years or older. However, if law requires that you must be older in order for us to lawfully provide the Services to you (including the collection, storage and use of your information) then the Minimum Age is such older age. The Services are not for use by anyone under the age of 16. If you are under 18 years old, you may use the Services only with the approval of your parent or guardian.
- Registration. In order to access any Services, you will be asked to submit certain information about yourself ("Registration Information"). You represent and warrant that all Registration Information you have provided is true, accurate, current and complete.
- Consent to Communications. You must provide your electronic mail ("email") address when registering to access any Service. We may use your email address, when necessary, to communicate with you regarding the administration of the Site. Occasionally, you may receive newsletters and updates with information that we deem to be of interest to the members of ultimatejoblist.com.. Registering for the Site or providing your contact information constitutes an inquiry and/or application for purposes of telemarketing laws. When using the Site or Services or otherwise engaging with us, you may have the opportunity to opt-in to receive text messages (including SMS and MMS messages) from ultimatejoblist.com. The specific content and frequency of the messages will be communicated to you in conjunction with your consent, but the messages will generally be about employment opportunities, job search assistance, career advancement, and other related matters. Your consent will be valid for the specific phone number or other telephonic or electronic form of contact you provided, including your home, work, cellular, or other telephone number, even if that number is registered on a corporate, state, or national do not call registry. You also understand and agree that your consent to such calls and text messages is not required to use the Services. We are able to deliver messages to most mobile service providers. Carriers are not liable for delayed or undelivered messages. Your mobile service provider's standard data and messaging rates apply to all SMS correspondence we have with you (including those that we send to you, and those that you send to us). All charges are billed by and payable to your mobile service provider. If you have any questions about your text plan or data plan, please contact your mobile service provider. You represent that you are the owner or authorized user of the wireless device on which messages will be received, and that you are authorized to approve any applicable charges and to consent to receive calls, texts or other communications at the number you provide. SMS message service subscribers may opt out of the SMS message service by replying with the keyword "STOP", "END", OR "QUIT" any time. After you unsubscribe, we may send you a final SMS message to confirm that you have been unsubscribed SMS message service subscribers may receive assistance for the SMS message service by replying with the keyword "HELP" to the message received. If fees are charged to your wireless account invoice, we may provide your carrier with your applicable information in connection therewith. Your wireless carrier and other service providers may also collect data about your wireless device usage, and their practices are governed by their own policies.
- Use of the Site and the Services – Permissions and Restrictions. You may access and use the Site and the Services only for lawful purposes and solely in accordance with the terms of this Agreement. ultimatejoblist.com.com reserves the right to discontinue any aspect of the ultimatejoblist.com Site or Services at any time and without notice. All rights not expressly granted to you under this Agreement are reserved by ultimatejoblist.com and its licensors. You will not:
- license, sublicense, rent, lease, loan, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Site or Services; or
- modify or make derivative works based upon the Site or Services; or
- reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code or method of operation of the Site or Services, or authorize any third party to do any of the foregoing; or
- access or make use of the Services and Site by scripts or automated services; or
- impersonate any person or use a name that you are not authorized to use; or
- compromise, violate or impair system or network security or operation.
- Ownership of Intellectual Property. ultimatejoblist.com and its licensors own all rights, title and interest in and to the Site and Services, including, without limitation, any Results (defined below) and any Intellectual Property Rights therein and/or related thereto. "Intellectual Property Rights" means all worldwide patent, patent applications, copyrights, trade secrets, trademarks, service marks, trade names and any other intellectual property, proprietary, and database protection rights. The ultimatejoblist.com name and logo are trademarks of ultimatejoblist.com, Inc., and no right or license is granted to you herein to use such trademarks.
- Data Collection. ultimatejoblist.com will have the right to utilize data capture, analysis tools, and other similar tools, to review, extract, compile, synthesize, and analyze queries entered by you as well as any non-personally identifiable data or information resulting from your use of the Services ("Results"). To the extent that any Results are collected by ultimatejoblist.com, such Results will be solely owned by ultimatejoblist.com and may be used by ultimatejoblist.com for any lawful business purpose without a duty of accounting to you, provided that the Results are used only in an aggregated form, without specifically identifying the source of the Results.
- Email Policy Your email address will only be shared with our preferred mailing partner. If You receive an email from the Company, its advertisers, service providers, or other third parties, Your email address was obtained as a result of either Your express and voluntarily request to receive information from the Company, its advertisers service providers, or other third parties or Your existing relationship with the Company, its advertisers, service providers, or other third parties. Each email sent contains an automated method to "opt out" of receiving additional emails from the Company. If You no longer wish to receive emails from the Company, please follow the instructions at the end of any email. If You remove Your information from the Company's database, it will no longer be used by us for secondary purposes, disclosed to third parties, or used by us to send promotional correspondence to You.
- Representations and Warranties. You represent, warrant and covenant for the benefit of ultimatejoblist.com that: (1) you have the legal right and authority to enter into this Agreement, and, if you are accepting this Agreement on behalf of a company or other entity, to bind the company or other entity to the terms of this Agreement; (2) you have the legal right and authority to perform your obligations under this Agreement and to grant the rights and licenses described in this Agreement and in any applicable additional agreement you enter into in connection with any of the Services; (3) all information you provide to ultimatejoblist.com in connection with this Agreement and your access to the Site and use of the Services is correct and current.
- Disclaimer. THE PARTIES ACKNOWLEDGE THAT THE SERVICES ARE PROVIDED TO YOU STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTIES WHATSOEVER. YOU RECOGNIZE THAT THE CURRENT STATE OF TECHNOLOGY DOES NOT ALLOW FOR ERROR-FREE ACCESS TO THE SITE AND USE OF THE SERVICES, AND INTERRUPTIONS, CRASHES AND DOWNTIME MAY OCCUR FROM TIME TO TIME. ULTIMATEJOBLIST.COM DOES NOT REPRESENT OR WARRANT THAT: (A) THE USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (B) THE SERVICES WILL MEET CUSTOMERS’ REQUIREMENTS OR EXPECTATIONS; OR (C) ANY RESULTS GENERATED BY USING THE SERVICES WILL BE ACCURATE, UP-TO-DATE, COMPLETE, OR RELIABLE. ULTIMATEJOBLIST.COM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NO ORAL OR WRITTEN INFORMATION GIVEN BY ULTIMATEJOBLIST.COM. ULTIMATEJOBLIST.COM WILL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. YOU AGREE THAT YOUR ACCESS TO THE SITE AND THE INFORMATION THEREON IS AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LIABILITY OR DAMAGE YOU INCUR THROUGH ACCESS TO THE SITE OR USE OF THE SERVICES.
- Limitation of Liability. IN NO EVENT WILL ULTIMATEJOBLIST.COM BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, ARISING OUT OF, OR IN CONNECTION WITH THE SITE, THE INFORMATION THEREON, OR THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION, THE USE OR INABILITY TO USE THE SITE, EVEN IF ULTIMATEJOBLIST.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE. YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICES PROVIDED BY ULTIMATEJOBLIST.COM IN CONNECTION WITH YOUR FREE MEMBERSHIP SHALL BE TO DISCONTINUE YOUR FREE MEMBERSHIP.
- Privacy Policy. ultimatejoblist.com's privacy policy is incorporated in this Agreement by reference. By accepting this Agreement, you expressly consent to the use and disclosure of your personally identifiable and other information as described in the Privacy Policy.
- Notices. All notices by you under this Agreement must be delivered in writing by courier, by electronic facsimile, or by certified or registered mail (postage prepaid and return receipt requested) to ultimatejoblist.com's address set forth on the Site, as appropriate. Such notice will be effective upon receipt or three business days after being deposited in the mail, whichever occurs sooner. ultimatejoblist.com may deliver a notice to you by posting of a general notice on the Site, which will be effective 48 hours after posting to the Site.
- General Provisions. This Agreement is the complete and exclusive statement of the Agreement between ultimatejoblist.com and you regarding the Services and supersedes any other agreement or proposal, oral or written (including information on the Site), and any other communications between ultimatejoblist.com and you. This Agreement will be governed by the laws of the State of Florida without regard to conflicts of law principles. All disputes arising under this Agreement must be brought in the state or federal courts located in Massachusetts. Each party irrevocably hereby consents to the jurisdiction and venue of any such court in any such action or proceeding. There are no other third party beneficiaries under this Agreement. The waiver of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach. If any provision of this Agreement is deemed unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. You may not assign, delegate or otherwise transfer this Agreement or any of your rights or obligations under this Agreement without the prior written consent of ultimatejoblist.com. Any such assignment, delegation or transfer in violation of the foregoing will be null and void.