EFFECTIVE DECEMBER 1ST, 2017
These Terms are a legally binding agreement between you and RocketPost. In the event that you purport to be the agent of, represent or otherwise act on behalf of an entity or any other person, references to "you," "your" or users shall include such entity or person in addition to you. You represent and warrant that you are in fact an authorized representative of such entity or other person and have the authority to bind such entity or other person to these Terms and your acceptance of these Terms shall constitute acceptance on behalf of such entity or person.
BY USING OR OTHERWISE ACCESSING THE SERVICE, OR ACCESSING OR DOWNLOADING CONTENT OR ANY OTHER INFORMATION FROM THE SERVICE, YOU HEREBY AGREE TO, AND SHALL BE SUBJECT TO, THESE TERMS. IF YOU DO NOT UNEQUIVOCALLY AGREE, YOU MAY NOT USE OR OTHERWISE ACCESS THE SERVICE, ANY CONTENT, OR ANY OTHER INFORMATION IN THE SERVICE, OR ENTER INTO ANY TRANSACTIONS IN AND THROUGH THE SERVICE.
1. License Granted We hereby grant you a limited, non-exclusive, non-sub-licensable, non-assignable, non-transferable license to access and use the Service and Content solely for your internal business purposes and for no other purpose. All rights not otherwise expressly granted by these Terms are reserved by us.
2. Access to the Service You acknowledge and agree that your access to the Service, any Content, products, and services offered in the Service, will not be uninterrupted, timely, secure, or error-free. You also agree that we may, under certain circumstances and with or without cause, immediately suspend and/or terminate your access to the Service or any part thereof (including any Content, products, services, and any features within the Service) in our sole discretion. We may also limit, at our sole discretion, the nature, level, or quantity of your access to the Service, including the number of transmissions you may send or receive, and the bandwidth you may use, all without any prior notice to you. You further agree that all such measures shall be taken in our sole discretion and without liability to you or any third party.
2. Access to the Service You agree to use the Service only for the purposes that are permitted by these Terms. You may not use the Service if: (a) you are not of legal age to enter into a binding contract; or (b) you are a person prohibited by the laws of the United States of America or any other country from receiving the products and services on the Service. Furthermore, you agree that you must NOT:
We may terminate or suspend your access to all or part of the Service, without notice, for any conduct that we, in our sole discretion, believe is disruptive to the Service (or other users) or is in violation of any applicable law or these Terms.
4. Changes to the Service We may change the Service from time to time, at our sole discretion. We may stop (permanently or temporarily) providing the Service or any features within the Service to you or to Registered Users generally. We also retain the right to create limits on use of the Service at our sole discretion at any time. We may also remove or refuse to distribute any Content on the Services, suspend or terminate Registered Users, without liability to you.
5. Modifications to Terms and Additional Terms We reserve the right, in our sole discretion, to modify, alter, update, or remove portions of these Terms at any time, and will post updates on the Site with a new effective date. You should revisit and review these Terms from time to time. YOUR CONTINUED USE OF THE SERVICE AFTER ANY CHANGES TO THESE TERMS ARE POSTED BY US WILL BE CONSIDERED BY US AS YOUR BINDING ACCEPTANCE OF THOSE CHANGES.
The disclaimers, terms and conditions on these Terms are of general application and may be supplemented by additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application disclosed by us, including through a registration process, a purchase or other means ("Additional Terms").
7. Content and Intellectual Property The Service contains data, information, and materials ("Content"), including, but not limited to, text, data, analytics, documents, software, images, photographs, graphics, audio, video, applications, graphs, charts, and technical specifications, which are supplied by us and other sources. All Content is protected by international copyright, trademark, and other laws. Furthermore, the entire content of the Service is copyrighted as a collective work under the United States Copyright Laws. The use of any Content on any other website or networked computer or environment without our express written consent is prohibited.
The Content may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way, and the Service and Content may not be decompiled, reverse engineered or disassembled, except that you may i) download the Content for your personal, non-commercial use only and ii) download or print the Content expressly labeled as downloadable, solely for internal viewing and browsing purposes, provided that, in each case of i) and ii), you keep intact all copyright, trademark and other proprietary notices and make no change in or deletion of author attribution in each case. Any data and analytics that you download are also governed by the terms and conditions of any applicable written license agreement or partnership agreement with RocketPost and its third party licensors. The limited authorizations granted to you in this paragraph is not a transfer of title in the Service or the Content, and, by your use of the Service and Content, you acknowledge that you do not acquire any license, ownership or other rights to and to the Service or the Content. Your modification of the Content or any other use of the Content (except as permitted in these Terms) is strictly prohibited and may be a violation of our and our licensors’ copyright, trademark and other proprietary rights and may violate other laws.
You acknowledge that the Service and the Content may, at times, contain inaccuracies or errors, and may be changed or updated without notice. Accordingly, you understand that we cannot guarantee that the Service, or any products, services, Content or other data or information provided through or on the Service, will be accurate or up-to-date.
RocketPost retains all right, title, and interest to the Intellectual Property Rights in the Service, and of any modifications, extensions or derivative works thereof. You acknowledge that the Service, all copies, derivative works, compilations, and collective works of the Service, and any know-how and trade secrets related to the Service, are proprietary materials of RocketPost and are the sole and exclusive property of RocketPost. "Intellectual Property Rights" means all rights (anywhere in the world, whether statutory, common law or otherwise) relating to, arising from, or associated with Intellectual Property, including (a) patents and patent applications, utility models and applications for utility models, inventor's certificates and applications for inventor's certificates, and invention disclosure statements; (b) copyrights and all other rights with respect to Works of Authorship and all registrations thereof and applications therefor (including moral and economic rights, however denominated); (c) other rights with respect to Software, including registrations thereof and applications therefor; (d) industrial design rights and registrations thereof and applications therefor; (e) rights with respect to Trademarks, and all registrations thereof and applications therefor; (f) rights with respect to databases and other compilations and collections of data or information, including registrations thereof and applications therefor; (h) publicity and privacy rights, including all rights with respect to use of a person's name, signature, likeness, image, photograph, voice, identity, personality, and biographical and personal information and materials; and (i) any rights equivalent or similar to any of the foregoing. "Intellectual Property" or "IP" means all (a) technology, formulae, algorithms, ideas, creations, inventions, discoveries, and improvements (whether patentable or non-patentable and whether or not reduced to practice); (b) technical, engineering, manufacturing, product, marketing, servicing, financial, supplier, personnel and other information and materials; (c) specifications, designs, models, devices, prototypes, schematics and development tools; (d) Works of Authorship, including Software; (e) databases and other compilations and collections of data or information; (f) Trademarks; and (g) tangible embodiments of any of the foregoing and of any Intellectual Property Rights, in any form or media whether or not specifically listed herein. "Software" means all (a) computer programs and other software, including software implementations of algorithms, models, and methodologies, whether in source code, object code or other form, including libraries, subroutines and other components thereof; (b) computerized databases and other computerized compilations and collections of data or information, including all data and information included in such databases, compilations or collections; (c) screens, user interfaces, command structures, report formats, templates, menus, buttons and icons; (d) descriptions, flow charts, architectures, development tools, and other materials used to design, plan, organize and develop any of the foregoing; and (e) all documentation, including development, diagnostic, support, user and training documentation related to any of the foregoing. "Trademarks" means trademarks, service marks, logos and design marks, trade dress, trade names, corporate and company names, domain names, fictitious and other business names, and brand names, together with all goodwill associated with any of the foregoing. "Works of Authorship" means Software, and all other content, images, graphics, text, photographs, artwork, audiovisual works, sound recordings, graphs, drawings, reports, analyses, writings, and other works of authorship and copyrightable subject matter.
8. Job Postings Registered Users may be able to post Job Postings through the RocketPost Portal. You understand and agree that you are solely responsible for any liability arising out of publication of Job Postings you submit, make available, provide, post or distribute through the Service and RocketPost Portal, whether on your own behalf or on behalf of a third party. You represent and warrant that:
RocketPost will make reasonable efforts to distribute Job Postings to third-party services, publishers, job boards or other entities in our distribution network (each a “Publisher”). However, you acknowledge and accept that we have no control over the Publishers and therefore we provide no guarantee that your Job Postings will actually be delivered over the Internet, be accepted by a Publisher, or be received or read by a job seeker. You accept that Publishers have no obligation to use or display a Job Posting and may reject a Job Posting with or without a reason. You agree that RocketPost is not liable to you or any third party if your Job Posting is rejected or not posted, is posted too early or too late or otherwise in a manner that differs from your intentions whether known to us or not, and you will not be entitled to any refund for Job Postings so posted or distributed. By submitting a Job Posting, you give us permission to distribute that Job Posting in and through the Publishers). We make no guarantee as to the number or quality of candidates that you will receive as a result of your Job Posting. You are solely responsible for interviewing, performing background and reference checks on, verifying information provided by, and selecting an appropriate candidate.
9. Feedback We welcome your comments and feedback regarding the Service and our Content. However, we do not want any ideas, materials or suggestions you consider to be confidential or proprietary. Accordingly, all comments, feedback, ideas, suggestions and other similar submissions disclosed, submitted or offered to us using the Service or otherwise (collectively, "Feedback") are not confidential and will not be given confidential treatment. Furthermore, by sending us any Feedback, you agreed to assign and you hereby assign all rights in and to such Feedback (along with any underlying or related ideas, concepts, techniques and know-how) to RocketPost without charge. You further agree to take all acts reasonably requested by us to confirm our ownership of such items. As the sole and exclusive owner of such Feedback, we shall be entitled to use, display, publish, reproduce, modify, transmit, sublicense, translate and create derivative works from and distribute the Feedback, in any medium and through any method of distribution, transmission or display, for any purpose whatsoever, commercial or otherwise, without compensation or any other obligation to the provider of the Submissions.
10. Paid Services Certain aspects of the services available on our Service may be provided for a fee. If you elect to use paid features on our Service, you agree to the pricing and payment terms for the applicable services. Charges are billed in advance prior to distribution of the Job Posting(s). All information that you provide in connection with a monetary transaction must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction at the prices in effect when such charges are incurred. You will also pay applicable taxes relating to such transactions.
11. Copyright and Copyright Notices We respect the Intellectual Property of others, and we ask our users to do the same. We will promptly review and remove Content from the Service if properly notified that the materials infringe a third party's copyright. In addition, we may, in appropriate circumstances, terminate the accounts of Registered Users that engage in copyright infringement.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:
Please contact our Copyright Agent for Notice of Claims of copyright infringement at:RocketPost
12. Links and Third Party Content The Service may contain links to other Services on the Internet that are owned and operated by other third parties. We are providing these links solely as a convenience. The appearance of a link does not imply our endorsement of the link or the website (or any content, products, or services on those website), nor are we responsible for the content of any linked Service. You access these linked Services at your own risk.
From time to time, we may also make suggestions or recommendations of certain products or services offered by third parties. However, we make no guarantee as to satisfaction for our suggestions or recommendations or that the suggested or recommended products or services will meet your expectations.
Certain content from third party vendors may be made available as part of the Service. We do not endorse or guarantee the accuracy or completeness of this content.
You must give us prior written notice if you wish to link any other webpage or items to our Service. Such notice should be sent to us as outlined in the Section entitled “Notices” below. We reserve the right to refuse anyone permission to link to our Service, for any or no reason.
13. Indemnity To the extent allowed by law, you agree to defend, indemnify and hold harmless RocketPost and its affiliates, officers, directors, representatives, employees, licensors, consultants, and agents (collectively the "Indemnified Parties") from and against any claims, allegations, damages, losses, liabilities, fines, penalties, or costs and expenses (including, but not limited to attorneys' fees) that the Indemnified Parties may suffer or incur as a result of (i) your use or misuse of the Service, (ii) your infringement of any Intellectual Property or other right of RocketPost or any third party, (iii) your violation of any applicable law, (iv) your breach of these Terms and the Additional Terms, or (v) Job Postings provided by you or any other content provided by you. RocketPost reserves the right to participate in the defense of any such claim, at its own cost, without limiting or relieving you of your indemnification obligations.
14. Disclaimers THE SERVICE AND THE CONTENT ON THE SERVICE ARE PROVIDED BY US ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ROCKETPOST AND ITS LICENSORS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, OF ANY KIND, REGARDING THE USE, VALIDITY, ACCURACY, AVAILABILITY, SECURITY, RELIABILITY OF, THE RESULTS OBTAINED FROM THE USE OF, OR OTHERWISE WITH RESPECT TO THE SERVICE, ANY CONTENT ON THE SERVICE, OR ANY INFORMATION OR WEB SERVICES LINKED TO OR FROM THIS SERVICE. FURTHER, WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY CONTENT OR THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICE OR CONTENT WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE SERVICE OR CONTENT WILL MEET YOUR EXPECTATIONS. ROCKETPOST AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND THAT THE SERVICE OR CONTENT WILL BE ERROR-FREE OR THAT SUCH ERRORS WILL BE CORRECTED. YOUR USE OF THE SERVICE AND ANY CONTENT ON THE SERVICE IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES CAUSED BY YOUR USE OF THIS SERVICE OR ANY CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
15. Limitation of Liability TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL ROCKETPOST, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY, IN CONNECTION WITH THESE TERMS OR THE SUBJECT MATTER HEREOF, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, UNDER ANY THEORY OF LIABILITY (INCLUDING TORT, CONTRACT OR ANY OTHER THEORY), INCLUDING ANY DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, OR LOSS OF BUSINESS.
FURTHERMORE, TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL ROCKETPOST, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY, IN CONNECTION WITH THESE TERMS OR THE SUBJECT MATTER HEREOF, FOR ANY DAMAGES IN EXCESS OF $100.00.
THE ABOVE LIMITATIONS OF LIABILITY WILL APPLY EVEN IF SUCH PERSONS OR PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE(S) AND EVEN IF ANY WARRANTY OR AGREED UPON REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
16. Data Privacy You agree to implement appropriate physical, technical, organizational, and administrative measures (a) to prevent unauthorized or unlawful processing of any Personally Identifiable Information; for the purposes of this Agreement, "Personally Identifiable Information" means data which relates to an identifiable person such as a job seeker or is likely to come into your possession; (b) to protect Personally Identifiable Information against accidental loss, destruction or damage; (c) to include taking reasonable steps to ensure the reliability of the personnel having access to the Personally Identifiable Information; and (d) having regard to the state of technological development and the cost of implementing those measures so as to ensure a level of security appropriate to: (i) the harm that may result from breach of those measures; and (ii) the nature of the Personally Identifiable Information to be protected. You agree to comply with applicable data protection and privacy laws that apply to you. You further agree to indemnify, hold harmless, and defend RocketPost at your own expense against all costs, claims, damages or expenses incurred by RocketPost for which we may become liable due to any failure by you or your personnel or agents to comply with any of your obligations under this section 16 and applicable data protection and privacy laws and regulations.
18. Injunctive Relief You agree that breach of the terms of these Terms would cause irreparable harm and significant injury to us, which would be both difficult to ascertain and which would not be compensable by damages alone. As such, you agree that we have the right to enforce the provisions or terms of these Terms by injunction (without necessity of posting bond), specific performance or other equitable relief without limitation to any other rights and remedies we may have.
19. Applicable Law and Access from Outside of the USA The validity and effect of these Terms shall be governed by and construed and enforced in accordance with the laws of the State of Michigan, United States of America ("USA"), without regard to its conflicts or choice of laws principles.
The Service is controlled by us from our offices within the State of Michigan, USA. We make no representation that the Service or any Content in the Service is appropriate for access outside of the USA. If you are using our Service from outside the USA, please be aware that your information may be transferred to, stored and processed in the USA, where our servers are located and our central database is operated. The data protection and other laws of the USA and other countries might not be as comprehensive as those in your country. By using the Service in any way, you hereby consent to the transfer of your data and information to, and the storage and processing of such data and information in, the USA.
20. Limitations on Claims, Jurisdiction, Waiver of Jury Trial, Attorney’s Fees NO CLAIM OR ACTION ARISING UNDER OR RELATING TO THESE TERMS MAY BE BROUGHT BY EITHER YOU OR US MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR THE CLAIM HAS OCCURRED.
Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Detroit, Michigan, before one (1) arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
In the event of any dispute, the prevailing party shall be entitled to recovery of its reasonable attorneys’ fees and costs.
YOU ACKNOWLEDGE AND AGREE THAT ANY CONTROVERSY THAT MAY ARISE UNDER THESE TERMS OR YOUR USE OF THE SERVICE AND ANY CONTENT IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, YOU IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR YOUR USE OF THE SERVICE AND ANY CONTENT. YOU HEREBY CERTIFY AND ACKNOWLEDGE THAT (A) NO REPRESENTATIVE OF ROCKETPOST HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT WE WOULD NOT SEEK TO ENFORCE THE FOREGOING WAIVER IN THE EVENT OF A LEGAL ACTION, (B) YOU HAVE CONSIDERED THE IMPLICATIONS OF THIS WAIVER, AND (C) YOU MAKE THIS WAIVER VOLUNTARILY.
23. Miscellaneous No joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms or your use of the Service or the Content. Those provisions outlined here that normally would survive after you cease using the Service and Content will survive.
The section titles in these Terms are solely used for the convenience of the parties and have no legal or contractual significance. The words “include”, “including”, and all other forms of “include” are deemed to be followed by “without limitation.” Our failure to enforce any provision of these Terms will not be deemed a waiver of that or any other provision of these Terms.
24. Notices You may give notice to us by letter delivered by first class postage prepaid U. S. mail or overnight courier to the following address:RocketPost