PLEASE READ THESE TERMS CAREFULLY, AS THEY CREATE A BINDING CONTRACT BETWEEN YOU AND EPLOYED.COM. FURTHER, THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THAT YOU AND EPLOYED.COM ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT AND LIMITS CLASS ACTION CLAIMS, UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE AS DESCRIBED IN THE ARBITRATION SECTION (SEE THE SECTION "AGREEMENT TO ARBITRATE").
Welcome to Eployed.com. http://Eployed.com and all related domains, subdomains, mobile applications and other services (collectively “The Services”) are owned and operated by Eployed.com (“Eployed.com,” “we,” or “us”). Eployed.com is a corporation located at 72 Sharp Street Hingham, MA 02043.
· Aggregated Data. You hereby grant the non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable, transferable right for Eployed.com to aggregate your data to Eployed.com. This aggregated data does not identify you (collectively, "Aggregated Data" – information we compile from individualized information while maintaining and using it in a form that combines information about numerous individuals so that no individual can be identified.) Eployed.com may analyze, copy, use and disclose such Aggregated Data for any purpose.
· Accuracy. You agree to provide true, accurate, current and complete information as an end user about yourself and your Third Party Accounts maintained at other web sites. You also agree not to misrepresent yourself when you fill out your account information page. All of your personal information must be kept up to date.
· Loss of Data. Should you wish to retain your data, you are solely responsible for backing up said data and protecting it. Any loss of or damage to your data will be your responsibility as Eployed.com will not be held liable.
· Liability. Eployed.com acts as a platform where your information, content or data may be sold and as such, we are not held liable for your data. Eployed.com does not necessarily represent all opinions, statements, advice, services, offers or other information contained in this data as espoused by respective authors or distributors. Likewise, we do not endorse such content and cannot guarantee accuracy or completeness therein. You are responsible for ensuring that content and data you submit to or through our Services does not violate any copyright, trade secret or other intellectual property rights of another person or entity or of any applicable law. If there is any infringement of copyrights, intellectual property or trade secrets, the resulting damages will be your responsibility
Eployed Status Members
While each retailer/brand can be vetted for legitimacy and market reputation, consumers or data sellers, can also go through an extensive Eployed.com vetting process to ensure the validity of personal data. After each consumer/data seller is vetted, Eployed.com will issue the trademarked blue brain graphic to the profile of the registrant. The blue brain symbol will indicate to retailers and other data buyers that consumers have undergone an extensive and industry comprehensive data integrity checklist. Similarly, Eployed.com marketing profile registrants can also go through a vetting process that entails in person ID verification. Registrants can utilize an additional feature within their profile that prevents brands from contacting them if they choose to have a heightened level of privacy.
Eployed.com will issue status indicators that are contingent on the depth of data that consumers are willing to provide and the scope of Eployed.com vetting. For example, market profile owners can achieve platinum, gold, silver and bronze levels to indicate the degree and depth of information provided on their profile.
Note: There is no cost for utilizing an Eployed agent service for a member or Data purchaser.
You agree that none of your data does or will (A) violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or (B) contain harmful, libelous, defamatory or otherwise unlawful material. You agree not to:
· Collect email addresses or other information of Users from the Service for the purposes of sending them unsolicited communications;
· Use the Service unlawfully leading to the damaging, disabling, overburdening or impairing the Service;
· Upload, post, transmit, share, store or otherwise make available any content that we deem harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
· Impersonate any person or entity or falsely state or misrepresent yourself, your age or affiliation with any person or entity;
· Propagate any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
· Solicit personal information from minors;
· Solicit passwords or personally identifying information for commercial or illegal purposes;
· Upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
· Intimidate or harass other Users; Upload, post, transmit, share or otherwise make available any material that constitute or encourage a criminal offense, violates any one’s rights or that would create liability or violate any state, national or international law; or Use or attempt to use another User’s account, Service or system to create a false identity on the Service without authorization
Approval of Terms
By accessing or using the Service, you and any organization you are authorized to represent (collectively, the "User", "you", or "your") signify that you have read, understood and agree to be bound by these Terms, whether you are a registered member of the Service or not. If you do not accept these Terms, do use or continue use of the Service.
Eployed.com implements a third party payment service into our policy as well as a referral payment system. This is to transfer funds to users for payments from Data Purchasers. Eployed.com charges $3.00 every transaction for our Service. This information will be included on our website. We also pay $1.00 for every new member referred to Eployed.com, they will receive $1.00 every time their profile is purchased. Processing payments will be subject to the third party provider’s terms and conditions as well as these Terms.
Changes to these Terms
Changes will be made to the Terms from time to time. If you register with us, we will inform you of any changes that are made. As well, the date the Terms are updated will be visible at the top of this page. Using or continuing to use the Service once changes have been made signifies you understand, agree with and accept the new Terms, provided that any such changes shall only apply to your use of the Services after the date of such change, unless you expressly accept retroactive application of such changes, via a click-through or signed agreement or otherwise.
IF YOU ARE USING OUR SITE OR APP, YOU REPRESENT THAT YOU ARE 13 YEARS OLD, WITH WRITTEN PERMISSION OF YOUR PRENT OR GUARDIAN OR 18 YEARS OR OLDER AND IN SO DOING, INDICATE UNCONDITIONAL ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE EPLOYED.COM’S WEBSITE, MOBILE APP OR SERVICES.
In our sole discretion you may at any time, with or without notice, have your membership with Eployed.com terminated. Your profile will be deleted along with any information or content you have posted on/through Eployed.com. You may be prohibited from using or accessing the Service (or any aspect, feature or portion of the Service) for any reason whether disclosed or not, including without limitation if we reasonably suspect the Terms have been violated.
Likewise, at any time you may terminate your membership with or without notice. Once your membership is terminated or suspended, however, these Terms will still be enforceable against you.
Limited License to Use the Services
Some data and content links will be shareable through tools provided by the Service. Content delivered to you on the Service can only be used on the Service and such works cannot be copied, reproduced, distributed, sold or plagiarized in any way with regard to concept or content. Any data, content or links falling outside of the ready-to-share category may not be republished anywhere (including internet, extranet or any other database). You may not reverse engineer the technology and that includes any technology associated with the Service.
This limited license is contingent on your agreeing to and complying with these Terms. All use of Eployed.com that is not expressly authorized and permitted by Eployed.com is strictly prohibited. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights.
Your license may at any time be revoked by Eployed.com without notice. Cause for cancelation may or not be disclosed. All rights are reserved that are not expressly granted by Eployed.com
Registering Data and Account Security
Certain features of the Service will only be available to registered members. The act of registering with Eployed.com as a member signifies that you agree to (A) submit up-to-date , accurate information about you as prompted by registration forms on Service (“Registration Data”); (B) securely maintain your login information; (C) not share your login information with any third parties; (D) keep Registration Data current, updating your information as necessary; and (E) be held responsible in any instance when your account is utilized in any way, whether by you or someone else.
The act of registering likewise signifies your agreeing to receive email updates and alerts sent to your email address. Eployed.com will not be held liable for any damage caused by your lack of compliance to security requirements previously listed (nor will the Company be held liable for unauthorized use of your account.)
All Eployed.com graphics, logos, designs, page headers, button icons, scripts, service names, trademarks or trade dress of Eployed.com and Eployed.com name are registered trademarks in the U.S. and/or other countries and may not be used in connection with any product or service in any manner that is likely to cause misperception. This includes using any or part of these trademarks in any or part of other trademarks or domain names. They may not be copied, imitated or used, whether whole or in part, without express, written permission of Eployed.com
Patented Rights Eployed.com IP
All content that is not your shared personal data or Third Party Content as previously mentioned would be shared on our platform via the tools we provide on our Website is the proprietary property of Eployed.com. Without express, written permission from Exployed.com, you may not reverse engineer, decompile, disassemble, modify, copy, distribute, frame, reproduce, republish, downloaded, display, post, transmit, or sell the Services or Eployed.com IP in any form or by any means, in whole or in part.
Eployed.com is not responsible for the online or offline conduct of Users or Data Purchasers. Neither will its affiliates be responsible. If there are disagreements between either members or Data Purchasers or third party providers, Eployed.com disclaims any liability or claims that arise. You are solely responsible for your conduct and interactions between yourself, other Users, other Data Purchasers or third party providers. Eployed.com reserves the right to monitor these disputes as it sees fit but is not obligated to monitor, mediate or resolve such disputes. In such an interaction, by utilizing Eployed services, you hereby expressly release Eployed.com from any and all claims, demands or damages, actual or consequential, of every kind, known and unknown arising out of or in any way related with such disputes.
You alone are responsible for understanding the system requirements (whether on a mobile device, internet or network access) to use Service. Eployed.com is not responsible for whatever changes, fees, updates, mobile device provider terms of service, etc. that relate to the use of your device.
Eployed.com may occasionally be unavailable. Eployed.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. Eployed.com is not responsible for technical issues regarding telephone network or lines, internet systems, internet traffic, servers or providers, computer hardware or software, email providers or hosts caused by using the Internet or the Service or a combination, including injury or damage to Users or to any person’s computer involved in using the Service or downloading materials from the Service. Eployed.com will under no circumstances be responsible for any loss or damage, including any loss or damage to any of your data or personal injury or death, resulting from anyone's use of the Service, any data, content posted on or through the Service or transmitted to users or Data Purchasers, or any interactions between users or Data Purchasers, whether online or offline.
Eployed.com reserves the right to make changes to information or content contained in the Service at any time without prior notice. Any references to outside products or services by business name, trade mark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof or any affiliation with the Service.
Eployed.com is not a financial planner, broker or tax advisor. As such, Eployed.com does not provide and will not provide legal, tax or financial advice. Please seek the aid of the above listed types of professionals for this type of advice, since each person’s financial situation is different.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. EPLOYED.COM AND FINANCIAL VENDOR MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICE AT ANY TIME OR FROM ANY LOCATION; (vi) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES OR SERVICES; AND (vii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES, WEBSITES, YOUR DATA, CONTENT AND EPLOYED.COM IP ON OR ACCESSIBLE FROM THE SERVICE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT.
ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL WILL BE YOUR SOLE RESPONSIBILITY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR SERVICE PROVIDER THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Limitation on Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL EPLOYED.COM, ITS Service Providers OR ANY OF THEIR AFFILIATES, ACCOUNT PROVIDERS, DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS OR EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS OR LOST DATA, EVEN IF EPLOYED.COM IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE; (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; (vii) FROM YOUR USE OF THE SERVICE OR ANY OF THE EPLOYED.COM IP OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SERVICE OR (vii) ANY OTHER MATTER RELATING TO THE SERVICE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE EXTENT PERMITTED BY APPLICABLE LAW, EPLOYED.COM'S OR ITS SERVICE PROVIDERS' AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO EPLOYED.COM FOR THE SERVICE DURING THE SIX MONTH PERIOD IMMEDIATELY PRECEDING YOUR CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF NO AMOUNT IS PAID TO EPLOYED.COM FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM EPLOYED.COM, REGARDLESS OF THE CAUSE OF ACTION.
Governing Law; Venue and Dispute Resolution
These Terms and any dispute between you and Eployed.com, shall be governed and interpreted pursuant to the laws of the State of Massachusetts, United States of America, notwithstanding any principles of conflicts of law that would apply the laws of any other jurisdiction, provided that the Federal Arbitration Act shall govern the interpretation and enforcement of the Arbitration. Unless you and we agree otherwise, in the event that the Agreement to Arbitrate Section is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Arbitration Procedures or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Eployed.com must be resolved exclusively by a state or federal court located in the State of Massachusetts, except that you or we are permitted to bring small claims actions in state court in the county in which you reside if such court has a small claims procedure. Except for such small claims court exceptions, you and Eployed.com agree to submit to the personal jurisdiction of the courts located within the State of Massachusetts for the purpose of litigating all such claims or disputes. You and Eployed.com agree to waive trial by jury in any court proceeding.
Agreement to Arbitrate
Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any change to the arbitration procedures set forth herein (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against Eployed.com prior to the effective date of the change. Moreover, if we seek to terminate the arbitration procedures from these Terms, such termination shall not be effective until 30 days after the version of these Terms not containing the arbitration procedures is posted to the Website, and shall not be effective as to any claim that was filed in a legal proceeding against Eployed.com prior to the effective date of removal.
This Arbitration section will survive the termination of your relationship with Eployed.com.
You agree to indemnify, defend, and hold harmless Eployed.com, its subsidiaries and affiliates, Service Providers, and each of Eployed.com's and each Service Provider's their directors, officers, agents, contractors, partners and employees, from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with (A) your Content, (B) any Third Party Content you post or share on or through the Service, (C) your use of the Service or infringement by any other user of your account, of any intellectual property or other right of anyone, (D) your conduct in connection with the Service or with Data Purchasers or users of the Service, (E) any violation of these Terms or of any law or the rights of any third party, or (F) any actions performed using your account.
Third Party Beneficiary
You agree Service Providers are recognized as a third party beneficiary of these Terms, with all rights to enforce such provisions as if they were a party to this agreement.
You may not transfer or assign these Terms as well as any rights and licenses granted to anyone. Eployed.com reserves the right to transfer or assign them without restriction. Assignment contrary to this section shall be void.
Upon termination of these Terms or your access to the Service, which may be for any reason or for no reason at all, you will continue to be bound by the provisions contained in the Terms that, by nature, should survive termination, including but not limited to, ownership provisions, any licenses granted by you, warranty disclaimers, indemnities, limitations of liability and the agreement to arbitrate.
Waiver and Severability
Should Eployed.com fail to exercise or enforce any of the aforementioned rights or provisions contained in these Terms, this does not constitute a waiver of such rights or provisions in the specific instance or any other instance. If any provision of these Terms is held invalid, the remainder of the Terms shall remain in full force and effect. If any provisions are deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Questions, comments or concerns regarding these Terms? Please contact info@Eployed.com.
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