1. Acceptance of Terms of Use and Amendments
Each time you use or cause access to GlobalPitch.com (the "Website") and the services available through the Website (the "Services"), you agree to be bound by these Terms of Use (the "Terms of Use"), as amended from time to time, with or without notice to you. By using the Website, You represent and warrant that you have read and understood, and agree to be bound by, the Agreement and GlobalPitch.com's Privacy Policy (the "Privacy Policy"). IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE SERVICES.
1b. Thirty-Day Money Back Guarantee for Purchased Services
If after the first fifteen days of service you are not 100% satisfied, we'll refund your money. Money Back Guarantee offer expires 30 days after purchase.
2. Website's Service
You agree that the Website reserves the right to modify or discontinue provision of the Website and the Services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you. The Website will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.
3. Your Responsibilities and Registration Obligations
In order to use the Website or certain parts of it, you may be required to register for a user account on the Website; in this case, you agree to provide truthful information when requested, and -- if a minimum age is required for eligibility for a user account -- you undertake that you are at least the required age. By registering for a user account, you explicitly agree to this site's Terms of Use, including any amendments made by the Website that are published herein.
4. Privacy Policy
Registration data and other personally identifiable information that the Website may collect is subject to the Privacy Policy.
5. Registration and Password
You are responsible for maintaining the confidentiality of your password, and you will be responsible for all usage of your user account and/or user name, whether authorized or not authorized by you. You agree to immediately notify the Website of any unauthorized use of your user account, user name or password.
6. Relationship and Obligation of the Parties
Certain of GlobalPitch.com's Services are designed to match prospective employees with employers. You acknowledge and agree that employers and employees enter employment contracts directly with the each other. The Website is not a party to any contract between employers and employees, and is not involved in the contracting between employers and employees. All rights and obligations as they pertain to employment are solely between employers and employees. Employers and employees are solely responsible for the enforcement and performance of their rights and obligations. The Website has no control over and does not guarantee the quality, safety or legality of the requested employment, the truth or accuracy of job listings, the qualifications, background, or abilities of employees, the ability of employees to deliver services, the quality of employees services, the ability of employers to pay for services, or that a employer or employee will complete the transaction. Each employee and employer must look solely to the other for enforcement and performance of all the rights and obligations pursuant to an employment agreement, and any other terms, conditions, representations, or warranties associated with such dealings.
7. Information Provided by You
To use certain of the Services, you may be asked to provide to the Website certain personal information (such as name, telephone number, and email address) and certain employment information (skills, training, work experience, employment history, and education). In addition, you may have the option to post photographs, video and other information. The Website relies on you to provide truthful and accurate information, and the Website does not and cannot exhaustively investigate your profile information and resume. Accordingly, the Website must assume that information contained in your profile and resume, if applicable, is truthful and accurate. THE WEBSITE IS NOT RESPONSIBLE AND HEREBY DISCLAIMS ALL RESPONSIBILITY FOR ANY UNTRUTHFUL OR INACCURATE STATEMENTS MADE BY YOU THROUGH THE WEBSITE, OR OTHERWISE IN CONNECTION WITH THE SERVICES.
8. Your Conduct
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("Content"), made available publicly or privately, will be under the sole responsibility of the person providing the Content, or of the person whose user account is used. You agree that the Website may expose you to Content that may be objectionable. The Website will not be responsible to you in any way for Content displayed on the Website, nor for any error or omission.
By using the Website or the Services, you explicitly agree that:
(a) you will not provide any Content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of the Website or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;
(b) you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;
(c) you will not collect or harvest any information about other users;
(d) you will not provide, and you will not use the Website to provide, any Content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use the Website to promote or operate any service or content without the Website's prior written consent;
(e) you will not provide any Content that may give rise to the Website being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including -- but not limited to -- laws relating to copyrights, trademarks, patents, or trade secrets.
9. Submission of Content on the Website
By providing any Content to the Website:
(a) you agree to grant the Website a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights.) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part, to the Content. Such license will apply with respect to any form, media, technology already known at the time of provision or developed subsequently;
(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant the Website the license specified in this section 7;
(c) you acknowledge and agree that the Website will have the right (but not obligation), at the Website's entire discretion, to refuse to publish, or to remove, or to block access to any Content you provide, at any time and for any reason, with or without notice.
10. Third-Party Services
Goods and services of third parties may be advertised and/or may be made available on or through the Website. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. The Website will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.
11. Indemnification
You agree to indemnify and hold harmless the Website and the Website's representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with the Website or Services, your provision of Content, your violation of these Terms of Use, or any other violation by you of the rights of another person or party.
12. DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND OF ANY SERVICES OR CONTENT PROVIDED - IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU "AS IS", AND THE WEBSITE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THE WEBSITE MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER THE WEBSITE NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS WEB SITE MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT THE WEBSITE WILL NOT BE HELD LIABLE IN ANY WAY.
a) Disclaimer Involving Personal Information Made Available Through the Website and Services. INFORMATION CONTAINED ON THE WEBSITE, OR OTHERWISE SUPPLIED IN CONNECTION WITH THE SERVICES, IS MADE AVAILABLE BY THE INDIVIDUAL OR ENTITY PROVIDING SUCH INFORMATION; THE WEBSITE DOES NOT ASSESS OR WARRANT THE ACCURACY OR THE COMPLETENESS OF SUCH INFORMATION. YOU ACKNOWLEDGE THAT RELIANCE UPON ANY INFORMATION MADE AVAILABLE THROUGH WEBSITE SHALL BE AT YOUR SOLE RISK. YOU AGREE TO RELEASE, HOLD HARMLESS AND INDEMNIFY THE WEBSITE FROM ANY AND ALL LIABILITY ARISING FROM INCORRECT OR INCOMPLETE INFORMATION REGARDING ANY ASPECT OF THE WEBSITE OR SERVICE.
b) Your Responsibility for Defamatory Comments. YOU AGREE AND UNDERSTAND THAT YOU MAY BE HELD LEGALLY RESPONSIBLE FOR DAMAGES SUFFERED BY OTHER WEBSITE USERS OR THIRD PARTIES AS THE RESULT OF YOUR REMARKS, INFORMATION, FEEDBACK OR OTHER CONTENT POSTED OR MADE AVAILABLE ON THE WEBSITE THAT IS DEEMED DEFAMATORY OR OTHERWISE LEGALLY ACTIONABLE. UNDER THE FEDERAL COMMUNICATIONS ACT OF 1996, THE WEBSITE IS NOT LEGALLY RESPONSIBLE, NOR CAN IT BE HELD LIABLE FOR DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION TO ANY DEFAMATORY OR OTHERWISE LEGALLY ACTIONABLE REMARKS, INFORMATION, FEEDBACK OR OTHER CONTENT POSTED OR MADE AVAILABLE ON THE WEBSITE.
Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.
13. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE WEBSITE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE WEBSITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES.
In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.
14. Reservation of Rights
The Website reserves all of the Website's rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that the Website may have in respect of the Website, its content, and goods and services that may be provided. By making the Services available to you, the Website is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of the Website or provided services without the Website's prior written consent.
15. Notification of Copyright Infringement
If you believe that material located on or linked to by the Website infringes one or more of your copyrights, please immediately notify the Website by means of an email. Your email should include: a signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf; an identification of the copyright claimed to have been infringed; a description of the nature and location of the material that you claim to infringe your copyright, in sufficient detail to permit the Website to find and positively identify that material; your name, address, telephone number and email address; and a statement by you (i) that you believe in good faith that the use of your copyrighted material is not authorized by law, or by the copyright owner or such owner's agent and, (ii) under penalty of perjury, that all of the information contained in your emailed notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf
16. Governing Law; Jurisdiction and Venue
The Website, Services, and the Terms of Use, including without limitation the Terms of Use's interpretation, shall be treated as though The Terms of Use were executed and performed in San Francisco, California and shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law principles. ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO THE WEBSITE, SERVICES, OR TERMS OF USE MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE OR BE FOREVER WAIVED AND BARRED. ALL ACTIONS SHALL BE SUBJECT TO THE LIMITATIONS SET FORTH IN ABOVE. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.
a) Requirement of Arbitration.
You agree that any dispute, of any nature whatsoever, between you and the Website arising out of or relating to the Website, Services, or the Terms of USE, shall be decided by neutral, binding arbitration before a representative of JAMS in San Francisco, California unless You and the Website mutually agree to a different arbitrator, who shall render an award in accordance with the substantive laws of California. A final judgment or award by the arbitrator may then be duly entered and recorded by the prevailing party in the appropriate court as final judgment. The arbitrator shall award costs (including, without limitation, the JAMS' fee) to the prevailing party, but not attorney's fees.
b) Remedies in Aid of Arbitration; Equitable Relief.
This agreement to arbitrate will not preclude you or the Website from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or the Website from applying to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. THE PROPER VENUE FOR ANY ACTION PERMITTED UNDER THIS SUBSECTION REGARDING "EQUITABLE RELIEF" WILL BE THE FEDERAL AND STATE COURTS LOCATED IN SAN FRANCISCO, CALIFORNIA; THE PARTIES HEREBY WAIVE ANY OBJECTION TO THE VENUE AND PERSONAL JURISDICTION OF SUCH COURTS.
17. Termination
Either party may terminate these Terms of Use and its rights hereunder at any time, for any or no reason at all, by providing to the other party notice of its intention to do so. These Terms of Use shall automatically terminate in the event that you breach any of these Term of Use's representations, warranties or covenants. Such termination shall be automatic, and shall not require any action by the Website. Upon termination, all rights and obligations created by these Terms of Use will terminate, except that Sections 11-14, 16, and 18 will survive any termination of these Terms of Use. For clarification, termination of these Terms of Use will not relieve you of your obligation to pay any fees owed the Website.
18. Miscellaneous Information
These Terms of Use constitute the entire agreement between the Website and you concerning your use of the Website and Services. These Terms of Use may only be modified by a written amendment signed by an authorized executive of the Website or by the unilateral amendment of this Agreement by the Website. The language in these Terms of Use shall be interpreted in accordance with its fair meaning and not strictly for or against either party. If any part of these Terms of Use is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms of Use or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. These Terms of Use and all of your rights and obligations thereunder will not be assignable or transferable by you without the prior written consent of the Website. Notwithstanding the foregoing, these Terms of Use will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. You and the Website are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement.