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Terms of Service

1. Introduction

Welcome to JobTrack. The following are the terms and conditions for use of this JobTrack service, which can be found at www.jobtrack.io (the "Service" or "Site"). If you believe that any content or activity on the Site violates any of these Terms, please e-mail [email protected] immediately. JobTrack reserves the right to refuse service to anyone at any time without notice for any reason.

2. Definitions

i. A "User" is anyone who accesses, browses, crawls, scrapes, or in any way uses the Site. The terms "you" and "your" refer to you, as a User of the Site. The terms "we", "us", and "JobTrack" refer to JobTrack, Inc., a Delaware corporation. "Terms" or "Terms of Service" refer to the terms contained in this Agreement.

ii. "Content" means text, images, photos, audio, video, and all other forms of data or communication. "Your Content" means Content that you submit, post, or transmit to, or are using on, the Site, such as communications, saved job applicatinos, reviews, compliments, information that you display as part of your account profile, invitations, or other data that you may submit, post, or transmit to, or are using on, the Site. Your Content does not include the information that you submit in order to create an account on the Site. "User Content" means Content that Users submit, post, or transmit to, or are using on, the Site. "JobTrack Content" means Content that is created by JobTrack and made available on the Site. "Third Party Content" means Content that is made available on the Site by parties other than JobTrack or the Users, such as data providers that license data for use on the Site. "Site Content" means all of the Content that is made available on the Site, including Your Content, User Content, Third Party Content, and JobTrack Content.

iii. “Public Content” means the information that you submit or post to the JobTrack Sites for public display, such as information that you display as part of your public profile or any other social or public submission areas that JobTrack might make optionally available for you in the future.

iv. “Private Content” means the “User Content” that you submit, post, or transmit to the non-public areas of the site, including but not limited to secure job application trackers.

3. Acceptance

By using our Site in any way, you are agreeing to comply with and be bound by the following Terms and any related "Agreements" (which include, without limitation, the Privacy and Security Policy, and if applicable to you, the User Agreement, and all rules or policies posted on the Site). Please review the following Terms carefully. If you do not agree with the Terms or any of the related Agreements in their entirety, do not use the Service. You must be at least 18 years old to use this Service. You have the right to have a record of these Terms and any related Agreement you enter into with JobTrack made available on paper form upon request for no additional fee. Simply e-mail [email protected] with such a request.

4. User Accounts

You represent that you are authorized to create and access an account. Through the user process, you will establish a user name and password for access to your online account. You are responsible for maintaining the confidentiality of your user name, account data, and password.

You agree to comply with all billing procedures, including providing and maintaining accurate and lawful billing information for active JobTrack accounts. You agree that you are solely responsible for all acts or omissions that occur under your account or password, including the Content of your account as used throughout the Service. You will immediately notify JobTrack of any unauthorized use of your password or account.

You are prohibited from soliciting Users of this Site including Consultants for any purpose (including inviting other Users to contact you outside the Site or inviting Consultants to participate in a competing website) except with advance written consent. Without limiting any other remedies, JobTrack may suspend or terminate your account if we suspect, in our sole judgment, that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site or have engaged in activities in violation of these Terms or any related Agreements with JobTrack.

5. Restrictions on Use

You agree that you will not:

i. use the Site to threaten, stalk, defraud, incite, harass, or advocate the harassment or defrauding of another person, or otherwise interfere with another User's use of the Site;

ii. use the Site to transmit or post spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;

iii. use the Site for promotional or commercial purposes, except as expressly permitted by JobTrack;

iv. use the Site in a manner that may create a conflict of interest, such as soliciting shill reviews;

v. use the Site for keyword spamming or to otherwise attempt to manipulate search results;

vi. use the Site to promote bigotry or discrimination against protected classes;

vii. use the Site to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

viii. use the Site to transmit or post pornography or illegal content;

ix. use the Site to solicit personal information from minors or to harm or threaten to cause harm to minors;

x. use the Site in violation of the Terms or any applicable law;

xi. modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by JobTrack;

xii. reverse engineer any portion of the Site, except as may be permitted under the law;

xiii. remove or modify any copyright, trademark, or other proprietary rights notice on the Site or on any materials printed or copied off of the Site;

xiv. record, process, or mine information about other Users;

xv. use any robot, spider, site search/retrieval application, or other automated device, process, or means to access, retrieve, scrape, or index the Site or any Site Content;

xvi. access, retrieve, or index the Site to construct or populate a searchable database of business;

xvii. reformat or frame any portion of the Site;

xviii. take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on JobTrack's technology infrastructure;

xix. attempt to gain unauthorized access to the Site, User accounts, computer systems, or networks connected to the Site through hacking, password mining, or any other means; use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses, or other items of a destructive nature (collectively, "Viruses"); use any device, software, or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; make excessive traffic demands; use the Site to violate the security of any computer network or to crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site; or

xx. use the Site to consummate any transaction that was initiated using our Service that, by paying to us a fee, could cause us to violate any applicable law, statute, ordinance, or regulation;

xxi. use the Site if you are under 13 years of age.

6. Identity Verification

Because user verification on the Internet is difficult, JobTrack cannot and does not confirm each User's purported identity and may not be held liable or responsible for any damages sustained or incurred by you due to any User’s negligent or intentional concealment of his, her, or its proper identity.

7. Monitoring

JobTrack is under no obligation to monitor the Site or any Site Content. However, we reserve the right to investigate possible violations of the Terms of Service, block Users from the Site, and refer matters to law enforcement authorities for further investigation. JobTrack may disclose information to third parties, including Your Content, in accordance with its Privacy and Security Policy.

8. Feedback.

i. Dissatisfaction. If you are dissatisfied with the Site, please let us know by providing feedback to the customer support team through designated feedback areas of the Site or sending comments to [email protected].

ii. Suggestions and Improvements. By sending us any ideas, suggestions, documents, and/or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute, and sublicense the Feedback.

9. Information Control and Storage

We do not control the information provided by Users made available through our system. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and that JobTrack is not responsible for the acts or omissions of Users on the Site. You further hereby agree that JobTrack is not responsible or liable for the deletion or failure to store information.

10. Exclusion of Warranties

JOBTRACK SERVICES AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THIS SITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. JOBTRACK DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. JOBTRACK DOES NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF THE MATERIALS AVAILABLE THROUGH THE SERVICE, FROM THIRD PARTIES OR A LINKED SITE WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE, OR OTHERWISE. UNDER NO CIRCUMSTANCES WILL JOBTRACK BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE, FROM THIRD PARTIES (SUCH AS CONSULTANTS OR OTHERS), OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A THIRD PARTY OR A LINKED SITE.

11. Limitation of Liabilities

IN NO EVENT SHALL WE, OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR LOSS OF BUSINESS) ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES, OR THIS AGREEMENT BASED ON ANY THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION ON THIS SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. IN NO EVENT WILL OUR LIABILITY, AND THE LIABILITY OF OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE EXCEED THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold JobTrack, any and all parent, subsidiary, or affiliate organizations, officers, agents, and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party that are in any way due to or arising out of your use of or conduct on the Site or Service. JobTrack shall provide you reasonable notice of such claim.

13. Termination or Suspension of Service

If you wish to terminate your service, you may do so by furnishing us with written notice of your decision. Your notification must be sent via e-mail to [email protected].

We reserve the right to terminate your service at any time without cause or notice. In addition, we reserve the right to suspend your account indefinitely if we suspect any fraudulent or inappropriate activity is being conducted through the use of the Site (such as, for example, unauthorized use of a credit card), and such suspension will remain in effect until we are satisfied in our sole judgment that such activity is not occurring. JobTrack shall have no obligation to maintain any Content in your account. Notwithstanding anything to the contrary, if a signed agreement exists between JobTrack and a paying User and such signed agreement has a termination section or a clause related to termination, the termination of signed agreements and corresponding Use will be governed by the termination language in the signed agreement.

JobTrack reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized access to or use of the Site, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.

Termination does not affect your liability or obligations under this Agreement.

14. No Endorsement of Non-JobTrack Entity ; No Relationship with Users

JobTrack may endeavor to offer to its Users products and services offered by non- JobTrack entities. Placement of information, logos, links, or names of such non- JobTrack entities on the JobTrack Site does not constitute an endorsement or warranty of these entities, their products or services. Users take full responsibility for a decision to visit or patronize any such entity and hold JobTrack harmless from any liability arising from such actions. You further acknowledge that no relationship (such as partnership, agent, joint venturer, or employee) is created between you and JobTrack or between any User (including Clients and Consultants) and JobTrack by formation of this Agreement (or any of the related Agreements) or by your participation on the Site.

IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THE SITE, FROM ANY CLIENT, CONSULTANT, OR THIRD PARTIES, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT. THE MATERIALS AND CONTENT PROVIDED BY JOBTRACK AND ITS PROVIDERS ARE NOT INTENDED TO AND DO NOT CONSTITUTE PROFESSIONAL ADVICE. REGISTRATION OR ENROLLMENT FOR THE SERVICE AND ACCEPTANCE OF A NEW ACCOUNT DOES NOT CREATE A PROFESSIONAL-CLIENT RELATIONSHIP AND ARE NOT THE SUBJECT OF PRIVILEGE AND CONFIDENTIALITY STANDARDS ASSOCIATED THEREWITH.

15. Proprietary Rights of Content

You acknowledge and agree that JobTrack owns the rights to its website www.JobTrack.com and all Content displayed on the Site. You acknowledge that all Content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in listings, sponsor advertisements, or email-distributed, commercially produced information presented to you by the Service, by JobTrack, JobTrack Users, JobTrack advertisers, or other Content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way Content available through the Service, including code and software for commercial purposes. For permission to use third party materials appearing on the Site, please contact the copyright owner. You do not acquire ownership rights to any Content, document, or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

16. Disputes, Assignment, and Governing Law

These Terms and the related Agreements constitute the complete and exclusive statement of the Agreement between you and us. If there is a conflict between an oral representation of any JobTrack employee or agent and the Terms of this Agreement, the Terms of this Agreement will prevail. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, the Terms of this Agreement will prevail.

If any provision(s) of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. You and JobTrack agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. You may not assign this Agreement or any rights hereunder to any other party. JobTrack shall not be deemed to have waived any of our rights or remedies unless such waiver is in writing and signed by us. No delay or omission on the part of JobTrack in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies on future occasions. The section titles in these Terms are solely used for the convenience of the parties and have no legal or contractual significance.

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law provisions. Each party using our Site or Service agrees to the exclusive jurisdiction of the courts of the State of California, and agrees that venue for any action resulting from this Agreement or the use of our Service shall be in Orange County, California and waives any and all jurisdictional, venue, or inconvenient forum objections.

17. Contact and Violations.

Please contact us with any questions regarding the Terms. Please report any violations of the Terms to our legal department through the contacts page or [email protected].

18. Marks.

JobTrack and the JobTrack logo, including the checkmark symbol, are proprietary service marks of JobTrack

Privacy Policy

This Privacy and Security Policy applies to your use of the JobTrack website located at www.JobTrack.com (the "JobTrack Site"), but not does apply to any third party sites that may be linked to it, or any relationships you may have with the businesses listed on the JobTrack Site.

A "User" is anyone who accesses, browses, crawls, scrapes, or in any way uses the JobTrack Site. The terms "we", "us", and "JobTrack" refer to JobTrack. The terms "you" and "your" refer to you, as a User of the JobTrack Site. The term "personal information" means information that you provide to us that personally identifies you or how you are to be contacted or identified, such as your name, phone number, email address, and any other data that is tied to such information.

BY USING THE JOBTRACK SITE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS PRIVACY AND SECURITY POLICY. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THE JOBTRACK SITE.

1. Information We Collect and How We Use It

JobTrack values your privacy. We limit the collection of personal information to those items necessary to fulfill the purposes identified below. If we use your information in a manner different than the purpose for which it is collected, then we will ask you for your consent prior to such use.

Account information. If you create an account to take advantage of the full range of services offered on the JobTrack Site, we ask for and record personal information such as your name and email address. We use your email address to send you updates, news and reminders, and contact you on behalf of other Users (such as notification alerts from network activity).

Public Submissions. We store and may publicly display your public submissions on the JobTrack Site. When we display your submission, we do so together with your account name or chosen user name. The term "public submission" refers to the information that you submit or post to the JobTrack Site for public display, such as information that you display as part of your public profile, recommendations, and/or publicly facing network pages. For purposes of clarification, information within a job application tracker is private and not public, and will not be subject to this paragraph.

Private Content. “Private Content” means the content that you submit, post, or transmit to the non-public areas of the JobTrack Site, including but not limited to your secure job application tracker.

Feedback. If you contact us to provide feedback, register a complaint, or ask a question, we will record any personal information and other content that you provide in your communication so that we can effectively respond to your communication.

Activity. We record information relating to your use of the JobTrack Site, such as the searches you undertake, the pages you view, your browser type, IP address, requested URL, referring URL, timestamp information, job search activity data, transactions entered into, and parties transacted with on the JobTrack Site. We use this type of information to administer the JobTrack Site and provide the highest possible level of service to you. We also use this information in the aggregate to perform statistical analyses of User behavior and characteristics in order to measure interest in and use of the various areas of the JobTrack Site. You cannot be identified from this aggregate information.

Cookies. We might send cookies to your computer in order to uniquely identify your browser and improve the quality of our service. The term "cookies" refers to small pieces of information that a website sends to your computer's hard drive while you are viewing the JobTrack Site. We may use both session cookies (which expire once you close your browser) and persistent cookies (which stay on your computer until you delete them). Persistent cookies can be removed by following your browser help file directions.

Enforcement. We may use the information we collect in connection with your use of the JobTrack Site (including your personal information) in order to investigate, enforce, and apply our Terms of Service and Privacy and Security Policy.

2. Transfer of Information

We may disclose your personal information to third parties in a good faith belief that such disclosure is reasonably necessary to (a) take action regarding suspected illegal activities; (b) enforce or apply our Terms of Service and Privacy and Security Policy; (c) comply with legal process, such as a search warrant, subpoena, statute, or court order; or (d) protect our rights, reputation, and property, or that of our Users, affiliates, or the public. Please note that we are not required to question or contest the validity of any search warrant, subpoena, or other similar governmental request that we receive.

We may disclose information in the aggregate to third parties relating to User behavior in connection with actual or prospective business relationships with those third parties, such as advertisers and content distributors. For example, we may disclose the number of Users that have been exposed to, or clicked on, advertising banners.

3. Others' Information

You may choose to provide us with another person's e-mail address so that person may be invited to create an account on the JobTrack Site. We use this information to contact and, if necessary, remind that person about the invitation. By providing us with another person's e-mail address, you represent to us that you have obtained the consent of the person concerned as regards such disclosure to us of their personal information. All invitees are provided with the option not to receive further invitations. We may disclose such information if required to do so in order to comply with legal process, as described above.

4. Links

The JobTrack Site may contain links to third party sites to provide additional, value added services. Except as set forth herein, we do not share your personal information with those third parties, and are not responsible for their privacy practices. We suggest you read the privacy policies on all such third party websites.

5. Controlling Your Personal Data

To the extent you include personal information in your public submissions, such as a photo of yourself, third parties may be able to identify you, associate you with your user account, and contact you. Please do not include information in your public submissions that you expect to keep private.

Please also note that the private messages you send or receive using the JobTrack Site, and/or the Private Content contained generally within your job application tracker, are only private to the extent that you, the sender/recipient, and/or all participants with access to the information keep such information private. For example, we do not have any control over whether a recipient of one of your private messages or a participant publicly posts such information.

Users belonging to a group account (an account provided to them by an organization to which they belong) should note that certain information entered into the job application tracker is shared with the account and can be viewed by users with the Career Advisor or Administrator role. Certain data provided by the user is also used for reporting. Private notes entered by a user will not be visible to other users on the account.

6. Security

Your account is password protected. We use industry leading measures, including site wide secure sockets layer protocols to protect the Private Content, the job application tracker information, and personal information that is stored in our database or sent using the JobTrack Site. We limit the access to your personal information to those employees and contractors who need access to perform their job function, such as our customer service personnel. If you have any questions about the security on the JobTrack Site, please contact us. Although we take appropriate measures to safeguard against unauthorized disclosures of information, we cannot assure you that your personal information will never be disclosed in a manner that is inconsistent with this Privacy and Security Policy.

You hereby acknowledge that JobTrack is not responsible for any intercepted information sent via the internet, and you hereby release us from any and all claims arising out of or related to the use of intercepted information in any unauthorized manner.

7. Confidential Information

We take commercially reasonable steps to ensure that Private Content and any information shared in a private job application tracker remains private and confidential between the participants. We intend for confidential communications that are traditionally protected under a legally recognized privilege, such as attorney-client, doctor-patient, or psychotherapist-patient privileges, to be protected when those communications take place in a private job application tracker. Privileged and confidential information that is intercepted in an unauthorized or unlawful manner should continue to be privileged and confidential. However, information shared between participants in a job application tracker may not be considered privileged and confidential if you or other participants with access to the information make such information public or available to others. Information communicated by you in public submissions is not considered private and is most likely not protected by any of the aforementioned privileges.

On occasion, our employees or other companies hired by us may need to access information in your private job application trackers to perform certain services related to customer support or site maintenance. Those employees or other companies are required to maintain the confidentiality of the information and are prohibited from using it for any other purpose. Such access should not impact any privileges related to the information.

8. E-mails and Opt-out

You may opt-out of receiving e-mails from JobTrack. Despite your indicated e-mail preferences, we may send you notices of any updates to our Terms of Service or Privacy and Security Policy.

9. Terms and Modifications to this Privacy Policy

We may modify this Privacy and Security Policy at any time, and we will post any new versions on this page. If we make any material changes in the way we use your personal information, we will notify you by sending an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on the JobTrack Site. Any such changes will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on the JobTrack Site. These changes will be effective immediately for new Users of the JobTrack Site. Notwithstanding anything to the contrary, this Section will not apply to license or subscription agreements between JobTrack and its paying customers and any modifications to signed contracts between JobTrack and paying Users will require written agreement and acceptance by all parties to the contract. Please note that at all times you are responsible for updating your personal information to provide us with your most current e-mail address. In the event that the last e-mail you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. In any event, changes to this Privacy and Security Policy may affect our use of personal information that you provided us prior to our notification to you of the changes. If you do not wish to permit changes in our use of your personal information, you must notify us prior to the effective date of the changes that you wish to deactivate your account with us. Continued use of the JobTrack Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

10. Dispute Resolution

If you believe that JobTrack has not adhered to this Privacy and Security Policy, you may write to the JobTrack Privacy Office at [email protected].

11. Contacting the Website

Upon written request, subject to certain exceptions, JobTrack will inform you of the existence of your personal information and will give you access to that information. Access requests should be sent to our Privacy Officer at [email protected].

If you have any questions about this Privacy and Security Policy, the privacy practices of the JobTrack Site, or if you want to exercise any of the rights that you are given under this Privacy and Security Policy, you can contact us at [email protected].

User Agreement

1. Introduction

This User Agreement, in combination with JobTrack's general Terms of Service, sets forth the terms and conditions under which JobTrack makes the Service available to you. The Terms of Service is an integral part of this User Agreement and is incorporated herein by reference.

2. Definitions

Capitalized terms not defined in this Agreement will have the meanings set forth in the Terms of Service.

3. Acceptance

Your acceptance of these terms is signified by your registration for the JobTrack Service. By doing so, you agree to be bound by all of the terms and conditions contained in this User Agreement and the Terms of Service. You have the right to have a record of this User Agreement and any other Agreement you enter into with JobTrack made available via email upon request for no additional fee. Simply e-mail such request to [email protected].

4. User Accounts and Conduct

Without limiting any other remedies, JobTrack may suspend or terminate your account if we suspect, in our sole judgment, that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent or inappropriate activity in connection with the Site or have engaged in activities in violation of the terms of this User Agreement, the Terms of Service or related Agreements with JobTrack. If JobTrack suspends or terminates your account, you may not open a new account (under your name, a fictitious name, or someone else's name).

You will be solely and fully liable and responsible for all activities provided under your username and password.

5. Liability

Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, or (b) $100.

6. User Warranties

By submitting the User Agreement and completing the on-line registration process, you represent and warrant the following:

i. You will not misrepresent yourself or create a misleading username. You will always accurately describe and represent your background, skills, knowledge, and level of experience (including educational background, degrees, current business standing, etc), and other applicable information when using the Site or providing services. You will maintain and update such information so that it remains true, accurate, and complete.

ii. You will not provide any legal or medical advice or other professional advice or information (such as securities, tax, psychiatry, veterinary, etc) that may only lawfully be rendered or provided by a licensed professional unless you are such a licensed professional in good standing and you abide by all the rules and regulations of such profession.

iii. In addition to the other terms and conditions of the Terms of Service and this User Agreement, you expressly represent and warrant that you (a) have read, understand, and agree to be bound by this User Agreement and the Terms of Service, (b) will not engage in the restricted activities listed in Section 5 of the Terms of Service, and (c) will indemnify, defend, and hold harmless JobTrack against any claims or damage incurred by JobTrack resulting from or at all related to your failure to abide by the terms of this User Agreement or the Terms of Service.

iv. You will not conduct any illegal or fraudulent activities on our Site or in the use of our Service, and you hereby agree to indemnify, defend, and hold harmless JobTrack in the event that JobTrack concludes that you have engaged in any such illegal or fraudulent activities.

v. Unless otherwise expressly stated by JobTrack through a recognition program or otherwise, you agree and acknowledge that (a) nothing regarding your participation on the Site will be considered as an endorsement, referral, or recommendation by JobTrack or any other User of you or the work you provide and (b) you will not, either on the Site or in any other forum or by any other means, suggest such an endorsement.

7. Payment, Refunds, Upgrades, and Downgrades

i. A valid credit card is required for paying accounts.

ii. If you are eligible for a trial of a paying plan, your trial will begin upon your paid plan sign up or your upgrade to a paying plan, whichever is first. If you downgrade or cancel during your trial you rescind your right to any future trials.

iii. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.

iv. For any upgrade or downgrade in plan level, the credit card account that you provided will automatically be charged the new rate on your next billing cycle.

v. If Client elects to add additional Users during the subscription term, Client shall pay JobTrack, immediately, for each User added, the per User rate per month, multiplied by the number of months remaining in the entire Subscription Term. The additional Users will be added to future annual invoices as appropriate. All fees paid under this Agreement are non-cancelable and nonrefundable, except as otherwise explicitly provided in the Agreement.

vi. You agree to pay all fees and usage or subscription costs incurred through your use of the Service. In addition to any legal or other measures we may take to recover any monies due, JobTrack may terminate your access to the Service immediately should there be any unpaid fees or usage or subscription costs owed by you, including but not limited to monthly or annual subscription fees.

vii. Unless otherwise stated, all payments are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with your use of the Service in a timely manner.

8. Indemnification

You agree to indemnify, defend, and hold JobTrack, any and all parent, subsidiary, or affiliate organizations, officers, agents, and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party that are in any way due to or arising out of your use of or conduct on the Service, including, without limitation, that result from any of your work provided and/or relied upon on the Site. JobTrack shall provide you reasonable notice of such claim.

9. No Relationship

No relationship (such as partnership, agent, joint venture, or employee) between you and JobTrack is created by this User Agreement or your participation on the Site.