This Subscriber Agreement governs your use of the subscription portion of Job Search Digest (“Jobsearchdigest.com”) and all related information and services received by you in connection with an account, membership or subscription (the “Service”).
a. Only you as the subscriber may access Jobsearchdigest.com and use the Service using the user name and password provided for your account. You agree not to resell, assign or otherwise allow another to use or access the Service. You agree not to grant access to your account to any other party, for any reason, and to take all reasonable precautions to prevent third-party access to the Service through your account.
b. Content available through Jobsearchdigest.com and related services (including but not limited to images, text, illustrations and audio clips) is owned or controlled by Jobsearchdigest.com, or third party providers of the content and is protected by copyright and other intellectual property laws of the United States and other jurisdictions. Display or distribution of the content available through Jobsearchdigest.com is strictly forbidden without written authorization by an authorized officer of Jobsearchdigest.com.
c. By this agreement you agree not to sell, publish, distribute, retransmit or provide other forms of access to the content received through Jobsearchdigest.com to anyone, including your fellow employees.
d. You agree not to post any content from Jobsearchdigest.com to newsgroups, mailing lists or electronic bulletin boards, without explicit written consent from an authorized officer of Jobsearchdigest.com.
e. You agree that you will not, in any way, modify, move, add to, delete or otherwise tamper with the information contained on the Jobsearchdigest.com web site, nor will you decompile, reverse engineer, dissemble or otherwise unlawfully use any of the software, copyrighted or trademarked material, trade secrets or other proprietary information contained in Jobsearchdigest.com web site.
f. Jobsearchdigest.com reserves the right to terminate or restrict your access to our services at our sole discretion and without limitation. We also may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive. We may also release current or past user information in the event we believe that you are in violation of this Agreement, or that you have used the Service to commit unlawful acts, or if the information is subpoenaed and/or if we deem it necessary and/or appropriate.
You will receive a username and password during the subscription process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur in connection with your password or account. You agree to notify Jobsearchdigest.com immediately of any unauthorized use of your password or account, or if have reason to believe that your account has been compromised in any way. If you believe that a third party has accessed Jobsearchdigest.com using your username and password without your authorization, you must contact Jobsearchdigest.com using the Contact Us link found on this site.
You agree to (a) provide true, accurate, current, and complete information about yourself in connection with your subscription, and (b) maintain and update this information to keep it true, accurate, current, and complete. If any information provided by you is untrue, inaccurate, not current, or incomplete, Jobsearchdigest.com has the right to terminate your account and refuse any and all current or future use of the Service.
You agree to pay the Subscription Fees and any other charges and taxes incurred in connection with your account at the effective rates when the charges were incurred. Subscription Fees are recurring and are billed automatically to your credit card, or such other payment means as may be specified by Jobsearchdigest.com. All fees and charges are nonrefundable. Jobsearchdigest.com reserves the right to change or add fees and charges applied to your account subject to advance notice. You are responsible for any fees or charges incurred to access Jobsearchdigest.com through an Internet access provider or other third party service.
Please note, the Money Back Guarantee is available only on your FIRST Premium subscription. You are not entitled to more than one refund per the Money Back Guarantee.
IF YOU PURCHASE A PREMIUM SUBSCRIPTION, YOUR SUBSCRIPTION WILL RENEW AUTOMATICALLY, UNLESS WE TERMINATE IT OR YOU CANCEL (VIA THE “MY ACCOUNT” SECTION OF WWW.JOBSEARCHDIGEST.COM) THE AUTO-RENEWAL FEATURE OF YOUR SUBSCRIPTION IN ADVANCE OF THE RENEWAL DATE. YOU MUST CANCEL BEFORE THE START OF THE BILLING CYCLE FOR THE RENEWAL TERM IN ORDER TO AVOID BILLING OF SUBSCRIPTION FEES FOR THAT TERM. YOU ARE RESPONSIBLE FOR CHARGES BEFORE THE DATE OF CANCELLATION.
We may change the terms of this Agreement or modify or discontinue, temporarily or permanently, the Service at any time and without notice. You agree that Jobsearchdigest.com shall not be liable to you or any third party for any modification or discontinuance of the Service. A current version of the Agreement is available at all times by contacting customer service via email. Use of Jobsearchdigest.com and related services after changes are made to this Agreement signifies that you accept and agree to be bound by such changes. Upon the decision by Jobsearchdigest.com to terminate this Agreement with you, Jobsearchdigest.com will refund the unused portion of membership fees already paid in the amount of a pro-rata share in relation to the remainder of the membership term. You acknowledge and agree that any termination of Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Jobsearchdigest.com may immediately delete data and files in your account and bar any further access to such files or the Service.
International customers, note that information that you provide to us is being sent to the United States. By subscribing to Jobsearchdigest.com, you consent to your data being sent to the United States.
We may link to, or promote, web sites or services from other companies on Jobsearchdigest.com or offer you the ability to download software from other companies. You agree that we are not responsible for, and do not control, those web sites, services and software. We do not make any representations regarding the quality of any product or service contained at any such site.
We endeavor to keep information available on the Jobsearchdigest.com web site accurate. However, we make no guarantee of any kind, either expressed or implied, regarding the quality, accuracy, or validity of the opinions, data and/or information available. You acknowledge that any reliance upon such opinions, data and/or information obtained from or through Jobsearchdigest.com is at your sole risk.
Jobsearchdigest.com is not responsible for any loss of data resulting from accidental or deliberate deletion, network or system outages, file corruption or any other reasons.
Jobsearchdigest.com does not verify, endorse or otherwise vouch for any potential employer. Jobsearchdigest.com makes no representation concerning an employer’s qualifications nor does it sanction potential employers. In the event of a dispute between you and any potential employers, you shall indemnify and hold harmless Jobsearchdigest.com as provided in Section 14 below arising out of or in any way connected with such disputes.
You are solely responsible for all information submitted to potential employers and other third-parties resulting from your use of the Service, including, but not limited to, your biographical and contact information, salary or fee proposals submitted to potential employers and other third parties, and all further communication with them. You shall indemnify and hold harmless Jobsearchdigest.com and other indemnified parties in accordance with Section 14 of this Agreement.
YOU AGREE THAT YOUR ACCESS TO AND USE OF JOBSEARCHDIGEST.COM AND THE CONTENT AVAILABLE THROUGH JOBSEARCHDIGEST.COM IS ON AN “AS-IS”, “AS AVAILABLE” BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT . JOBSEARCHDIGEST.COM MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES JOBSEARCHDIGEST.COM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. JOBSEARCHDIGEST.COM MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR INFORMATION OBTAINED THROUGH THE SERVICE (INCLUDING ANY LINKS TO THIRD PARTY WEB SITES) OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
JOBSEARCHDIGEST.COM AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS AND LICENSORS WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF JOBSEARCHDIGEST.COM FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, AND LOST REVENUES (COLLECTIVELY, THE “EXCLUDED DAMAGES”), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF JOBSEARCHDIGEST.COM HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
You agree to indemnify, defend, and hold Jobsearchdigest.com, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties including, without limitation, reasonable attorneys’ fees, in connection with any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any use by you or any user of your account of the information and services provided by or through Jobsearchdigest.com.
You and Jobsearchdigest.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Any controversy or claim arising out of or relating to this Agreement or the Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of California, and any court having jurisdiction thereof may enter judgment on the arbitration award. The arbitrator shall provide written reasons for the award. Either you or Jobsearchdigest.com may seek any interim or preliminary relief from a court of competent jurisdiction in San Diego County, California necessary to protect the rights or property of you or Jobsearchdigest.com pending the completion of arbitration.
We may discontinue or change Jobsearchdigest.com and its related services, or their availability to you, at any time. You may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of California, United States of America applicable to contracts made entirely within California and wholly performed in California, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in California. Any term, condition, or provision of this Agreement that is determined for any reason to be unlawful, invalid, void or unenforceable shall not affect any other portion of this Agreement.