Terms of Use

Welcome! By accessing or using our website located at https://jobpose.com/ (the "Website") and/or the JobPose mobile application, resources, tools, plugins, functionalities, services and software (collectively with the Website, the "Services"), you indicate that you have read and understand this Terms and Conditions of Use Agreement (the "Terms of Use"), which incorporates by reference our Privacy Notice, located at https://jobpose.com/privacy-policy and agree to be bound by it in its entirety. If you do agree with the Terms of Use, or do not understand or have questions about the Terms of Use, immediately stop all use of the Services and info@jobpose.com.

The Terms of Use apply only to the Services and do not apply to any websites that are linked to the Website or Services. For access to the terms and conditions or privacy policies of linked websites, please refer to the policies of such websites. It is your obligation to review the Terms of Use before accessing the Services. Any changes to the Terms of Use will be effective immediately upon our posting them here, unless otherwise stated. We reserve the right to change the contents of the Services at any time, with or without notice.

I. Definitions
For the purposes of this Terms of Use, the following definitions apply:
"Affiliates" refers to companies and divisions under the ownership of the Companyor that own the Company.

"Company" or "JobPose" or "we" or "us" or "our" means JobPose LLC, the owner and operator of the Services.

"Content" includes all Text, Graphics, design, video, information, Programming and other content, including the Intellectual Property,used on or in the Services.

"Graphics" includes all logos, buttons, and other graphical elements on the Services, including the color combinations and the page layout of the Services, with the exception of trademarks and intellectual property belonging to third-parties and displayed with permission.

"Profile" means a User profile containing personal or professional information about that User.

"Programming" includes, but is not limited to, both client-side code (including but not limited to HTML, JavaScript, etc.) and server-side code (including but not limited to Active Server Pages, VBScript, databases, etc.) used on the Services.

"Text" includes all text on every page of the Website or used for the Services, whether editorial, navigational, or instructional.

"User" means a user of the Services, whether as an individual (an "Individual User") or on behalf of a corporate entity or other organization or as a recruiter (a "Corporate User").

"User Content" means all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by any User via the Services. All User Content and Submissionsare the sole responsibility of the User from which such User Content originated.

"You" or "your"(whether or not capitalized) refers to the User accessing the Website and agreeing to this Terms of Use, whether as an Individual User or Corporate User.

II. Use Of This Website
The Services are designed to facilitate professional and personal networking as well as employment opportunities among Users. A limited license is granted to you by us to view, download, and use a single copy of the Website solely for your personal, non-commercial use and only as an aid to participating in the Services, unless otherwise authorized by the Company in writing. The Services may only be used in a manner consistent with this purpose, and only within the context of the products, services and information set forth therein. Except as provided herein, you are not permitted to download (other than page caching), copy or change any portion of the Services, unless you have our express written consent.

We attempt to ensure that information on the Services is complete, accurate and current. Despite our efforts, the information contained in the Services may occasionally be inaccurate, incomplete or out of date, and we make no representation as to the completeness, accuracy or currency of any information on the Services, including but not limited to the Content and the User Content.

Account Registration
Certain functions of the Services may require registration, such as creating a Profile or browsing other Profiles, contacting other Users,responding to surveys or participating in other promotions or contests.You may only create and use an Individual User account for your own personal use. If you would like to utilize the Services as a company, organization, entity, employer or recruiter, you must create a Corporate User account. Profiles may not contain any hyperlinks, or any misleading, inaccurate, false or unrelated content. The Services may be used only by individuals seeking employment and/or career information and for permitted professional and personal networking purposes, and by employers seeking employees. If you register or provide information to us in any manner, you agree to provide only true, accurate, current and complete information. You are responsible for maintaining the security of your account, and you are fully responsible for all activities and actions that occur in connection with the account.

If we issue a username and/or password to you, you agree to protect such information by, among other things, keeping your password and other nonpublic information relating to your account confidential. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including but not limited to any damages of any kind incurred as a result of such acts or omissions. Without limiting the foregoing, you shall only use the Services in accordance with all applicable privacy and data protection laws, and you agree not to disclose any of the User Content to any third party, unless you are authorized in writing by the Company to do so as a Corporate User who is an authorized recruiting or staffing agency for employment purposes. If you delete your account, we may still need to retain certain information, including your Profile data and User Content, for record keeping, administrative, legal and technical purposes. However, we may not be able to recover any information from a deleted account if you later change your mind.Accounts and profiles may be deleted after a certain period of inactivity. By registering for an account, you grant us permission to send emails, surveys, offers, promotions and other marketing material to you via email, including both commercial and transactional/relationship content. You may unsubscribe at any time.

Corporate Users
Corporate Users are solely responsible for the User Content that they post or submit to the Website and any employment decisions that they make as a result of using the Services. Corporate Users may use the services only as an employer seeking employees. Corporate Users may not post job opportunities or descriptions that do not comply with applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property, or other User Content that is intended to sell, promote or advertise products or services. All pertinent information pertaining to a job opportunity or description must be clearly identified, including but not limited to commission only, distributorship, or multi-level marketing jobs. All job opportunities must represent bona fide employment opportunities, which generally is indicated by the employer's use of IRS forms W-2 or 1099. The Company reserves the right to remove any job posting, Profile or other User Content at its discretion, for any or no reason at all.

Sweepstakes, Contents and Promotions
Sweepstakes, contests, or other promotions made available through the Services, via a third-party provider, or otherwise may be governed by specific rules that are separate from this Terms of Use. By participating in any such sweepstakes, contest, or promotions, you agree to participate subject to those rules. Our Privacy Notice will govern any information you submit in connection with such activities, unless otherwise stated.

III. Employer Access Purchase Terms and Cancellation

Employer Access
Access to the Services by Employer Users (“Employer Access”) requires Employer User account registration and the payment of an access fee (the “Employer Access Fee”). Payment of the Employer Access Fee entitles an individual Employer User to access the Services for the calendar month in which the Employer Access Fee is paid. From time to time, the Company may offer special pricing for the pre-purchase of several months of Employer Access at a discounted rate.You must pay the Employer Access Fees before the Company will grant you Employer Access to the Services. The Employer Access Fees will be prorated for your first month, and charged on the first day of each calendar month for which you will have Employer Access thereafter.

Cancellation of Employer Access
You may cancel your Employer Access at any time, with such cancellation to be effective at the end of the period for which you have paid the Employee Access Fees. Employee Access Fees cannot be refunded. If you violate these Terms of Use or any provisions of our Privacy Notice, your Employer Access will be terminated immediately and you will not be entitled to any refund.

Payment Method
You must provide and maintain at all times a valid method of payment in order to continue receiving Employer Access. If your payment method is not honored, your Employer Access will be terminated until another valid method of payment is provided to the Company. By providing the Company with a payment method, you represent with respect to the payment method selected: (i) represent that any credit information supplied is true, complete and that you are authorized to use the payment method that you provided; (ii) authorize the Company to charge you for the Employer Access Fee using your payment method; and (iii) agree to pay all Employer Access incurred, including any charges incurred for dishonored payments. You agree to pay one percent (1%) compounding interest on any outstanding balance you may incur, as well as any costs of collection and reasonable attorneys’ fees.

IV. Restrictions on Use of the Services
The information displayed via the Services may not be used for any purpose except in connection with your direct use of the Services as permitted by this Terms of Use, and may not be excerpted, summarized, duplicated or otherwise removed from the Services except with our explicit, written permission. You may not collect or use any portion of the content of the Services in any derivative way, or download, or copy or sell information or other matter for use of any other party, without our written permission. You may not gather information and data on the Services from mining, robots or other extraction tools or transmit, post, distribute, store or destroy material, including without limitation the Content and User Content, in violation of any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information, or in breach of the JobPosePrivacy Notice.

In addition, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Services for any purpose or in any manner that is prohibited by this Terms of Use or by applicable law. You also may not interfere with the proper operation of the Services including, but not limited to, by attacking, hacking into, or otherwise attempting to penetrate any non-publicly accessible elements of the Services or its servers or network, through the use of bots, Trojan Horses, viruses, DNS attacks, or other technology which is designed or intended to interfere with the proper operation of the Services or the use of the Services by any Users. You agree that you will not circumvent or attempt to circumvent any security or access control technology implemented on the Services, or the servers and network associated with the Services. Any unauthorized use or breach of these Terms of Use by you terminates all of the permissions or licenses granted by us, in addition to all rights at law or in equity. In addition, you specifically agree not to use the Services to do any of the following:

  • Email or transmit content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, or otherwise unlawful, misleading or false;
  • Impersonate or misrepresent your connection to any other entity or person, post or submit any incomplete, false or inaccurate biographical information or information which is not your own, or otherwise manipulate identifiers to disguise the origin of the content;
  • Email or transmit content that infringes on the intellectual property or the rights of any entity or person, or access data not intended for you, or log into a server or account which you are not authorized to access;
  • Intentionally or unintentionally violate any applicable local, state, national or international law;
  • Email or transmit material that includes viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
  • Disrupt the normal flow of communications or affect the ability of others to engage in activities via the Services; and/or
  • Aggregate, copy or duplicate in any manner any of the Content or information available from the Services other than as permitted by these Terms of Use.

Any such use shall immediately terminate your right to use the Services, as set forth below.

V. Termination of Access
Use of theServices is a privilege. We reserve the right to suspend or terminate your access to the Services for any reason at any time, in our sole discretion. The Services and its contents are not intended for the use of children under the age of 13. Children under the age of 13 may not use or submit any information to the Website. Individuals under the age of 18 may only access the Website under the supervision of a parent or legal guardian who is at least 18 years of age, and who agrees to be bound by, and responsible for, actions taken and information submitted via the Services.

VI. Information You Provide to Us Via this Website or Services
If you choose to provide any personal information via the Services, the information will be used only for certain purposes, as described in our Privacy Notice. Additionally, we may collect or share certain information based on your usage of the Services, as described in our Privacy Notice.

If you submit audio/video/digital media of yourself (the "Media") you hereby permit JobPose to use the Media either separately or together, either wholly or in part, in any way and in any medium or format (now existing or existing in the future), for whatever lawful purpose (including advertising), with or without any reasonable retouching or alteration, provided that in the event the Media is edited, it will not mischaracterize any of your words, actions or statements. Provided your words and actions are not mischaracterized, you agree that you shall not prosecute or institute any legal proceedings, arbitration demands, or claims or demands against either JobPose, or any of its officers, directors, members, owners, employees, agents or assigns with respect to the use of any or all of the Media, and hereby waive and release any and all claims or damages of any kind or sort in connection with the Media or use thereof by JobPose or its assignees.

In order to facilitate communications between you and us, we offer you the ability to contact us via the Website and Services. Although we strive to protect and secure our online communications, and use the security measures detailed in our Privacy Notice to protect your information, please note that no data transmitted over the Internet can be guaranteed to be completely secure and no security measures are perfect or impenetrable. We shall have no liability whatsoever for any unaccepted or unprocessed email instructions or requests, or for any loss or damage arising from or in connection with any unauthorized use by third-parties of any information that you send by email.

Limitations on Information Submitted
We do not seek to receive any confidential or proprietary information or trade secrets of third-parties through the Services. Any information you send to us, including inventions, creative ideas, suggestions, information posted to any Profile and other User Contentor Media ("Submissions") will be deemed non-confidential, and by submitting it, you are granting us an irrevocable and unrestricted worldwide nonexclusivelicense to use, modify, reproduce, adapt, transmit, sell, license and sub-license,adapt, create derivative works from,publicly display, perform and distribute your Submissions for any purpose whatsoever (commercial or otherwise), in any form, media or technology, whether now known or hereafter developed, alone or as part of other works, with no additional payment or other compensation to you, subject to the Privacy Notice, so long as the Submissions are not misrepresented or distorted.

You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission, as further set forth below. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory.

This Section V will survive termination of this Terms of Use by you or the Company for any reason.

VII. Monitoring Of Information
We do not assume any obligation to review or monitor the content or other information submitted to the Website by Users or otherthird-parties, including the User Content. You assume the risk of verifying the accuracy of such information posted through independent investigation. Notwithstanding the foregoing, we may,at our discretion, review information submitted to the Website for any purpose whatsoever and we reserve the right, in our sole discretion, to remove, edit or reject any information submitted to the Website for any reason whatsoever.

We reserve the right to cooperate with any law enforcement authorities or court orders requesting or directing us to disclose the identity of anyone believed to be violating the Terms of Use or law. You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we may unilaterally choose to comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto. You agree to waive and indemnify and hold us harmless from and against any and all claims whatsoever resulting from, or in connection with, any action by us regarding any investigations either by us or law enforcement authorities.

VIII. Intellectual Property Rights
The Company owns any and all intellectual property rights relating to the JobPosebrand, trade name, trade dress, and other content including: copyright, trademark, service mark, trade name, trade dress, proprietary logo, insignia, business identifier, and/or other Text and Graphics that has or provides the "look and feel" of the Company'sbrand image, as well as all of the Content, including the Text, Graphics, Programming, photographs, video and audio contained herein (the "Intellectual Property").

Your use of the Website does not grant you any rights or licenses relating to theIntellectual Property, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein, except as expressly provided for in these Terms of Use. None of the Intellectual Property may be used, reproduced, published, transmitted, distributed, displayed, performed, exhibited, modified, used to create derivative works, sold, re-sold or used in any sale, or exploited for in any way, in whole or in part, except as provided for herein and with our prior written consent. You may not reproduce, modify, display, sell, or distribute the Intellectual Property, or use it in any other way for public or commercial purposes. The foregoing limitations include, but are not limited to, copying or adapting the HTML code used to generate web pages on the Website, as well as any Graphics or Programming or Content contained in the Services. All otherthird-party content, including product names, names of services, trademarks, service marks and other intellectual property is the property of their respective owners, as indicated, and may only be used as permitted.

IX. Procedure for Making and Responding To Claims of Copyright Infringement
We will respond to claims of copyright infringement, and will promptly process and investigate notices of alleged infringement by third-parties and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA"), Title 17, United States Code, Section 512(c)(2), where applicable. In keeping with the DMCA, notifications of claimed copyright infringement by third-parties should be sent to our designated agent noted below (the "Designated Agent"). If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on the Services, please notify us by contacting the Designated Agent.

In order to give effective notification of a claim of copyright infringement by a third-party under the DMCA, you must send a written communication to the Designated Agent that includes substantially the following: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work, or, if multiple copyrighted works are covered by a single notification, a representative list of such works that are claimed to have been infringed; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material on the Services; (4) information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that neither the copyright owner, nor its agent nor the law has authorized the use of the material in the manner complained of; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Designated Agent for notice of claims of copyright infringement can be reached at:

Jobpose, LLC
200 Broadway 3rd FL,
New York NY 10038
Attn: Designated Copyright Agent

If a valid notification of alleged copyright infringement is received, we will remove or disable access to the material identified in the notice as being infringing or as being the subject of infringing activity, and take reasonable steps to notify the alleged infringer that it has removed or disabled access to this material. Please note that under the DMCA, an alleged infringer has the right to submit a counter-notice to have the allegedly-infringing material re-published on the Services. Should that occur you will receive notification from us and, should you wish to have the material subsequently removed, you will be required to file a copyright infringement claim in a United States federal court.

Additionally, a claimant who makes a misrepresentation concerning copyright infringement may be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer who is injured by such misrepresentation as a result of reliance upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or ceasing to disable access to it.

X. Disclaimer of Warranties & Limitations of Liability
Your consent and agreement to the following disclaimers and limitations is a material inducement for us to permit you to access the Services. Your use of the Services, and the obligations and liabilities of us in respect of your use of the Services, is expressly limited as follows:

DISCLAIMER OF WARRANTIES
THE WEBSITE, THE SERVICES AND THEIR CONTENTIS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY WHATSOEVER. THE COMPANY DISCLAIMS ANY AND ALL EXPRESS AND/OR IMPLIED WARRANTIES WHATSOEVER TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD-PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. YOUR USE OF THIS WEBSITE AND SERVICES, AND/OR RELIANCE ON ANY OF ITS CONTENT, INCLUDING THE USER CONTENT IS AT YOUR OWN RISK.

THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR-FREE. YOU, AND NOT THE COMPANY, ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT THAT THERE IS ANY LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH THE USE OF THE SERVICES OR ITS CONTENT. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION WHATSOEVER REGARDING THE USE, OR THE RESULT OF USE, OF THE CONTENT OF THE SERVICES RELATED TO ACCURACY, RELIABILITY OR OTHERWISE. THE CONTENT OF THE SERVICES MAY INCLUDE ERRORS (INCLUDING, WITHOUT LIMITATION, TECHNICAL OR TYPOGRAPHICAL ERRORS), AND WE MAY MAKE CHANGES OR IMPROVEMENTS TO THE SERVICES AT ANY TIME WITH OR WITHOUT NOTICE.

NEITHER THE COMPANY NOR ANY OTHER PERSON OR ENTITY ASSOCIATED WITH THE DESIGN OR MAINTENANCE OF THE SERVICES SHALL BE HELD LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY DAMAGE, LOSS, INJURY, OR MALFUNCTION ASSOCIATED WITH YOUR USE OF THE SERVICES.

LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY AND/OR ITS SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD-PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT OR SPECIAL DAMAGES, (INCLUDING LOST PROFITS AND DAMAGES) WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THIS PARAGRAPH MAY NOT APPLY TO YOU. IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF THE COMPANY TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE AMOUNT YOU PAID THE COMPANY FOR SERVICES OR ONE HUNDRED U.S. DOLLARS, WHICHEVER IS GREATER.

Release and Indemnification
You, on behalf of your successors, assigns, heirs, and personal representatives hereby irrevocably and fully release the Company, and its subsidiaries, Affiliates and each of their officers, directors, employees, assigns, agents and representatives from and against any and all suits, claims, actions, causes of action, arbitration, liabilities, obligations, damages, losses, penalties or fines known or unknown, arising out of or in connection with your use of the Services or information, including the Submissions submitted thereto.

You agree to indemnify, defend at the Company's option, and hold the Company and its subsidiaries, Affiliates, officers, agents, employees, partners, and licensors harmless from any claim, liability, causes of actions, damages, cost and expenses and/or demands, including reasonable attorneys' fees and costs of suit, made by any third-party due to or arising out of: (1) your use of this Website or the Services, (2) information that you submit, transmit, or otherwise make available via this Website, the Services or otherwise, including but not limited to Submissions and User Content,and/or (3) your breach of the Terms of Use.

Exclusions
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE SOME OF THE EXCLUSIONS AND/OR LIMITATIONS STATED ABOVE MAY NOT APPLY TO YOU.

Third-Party Websites
The Services may contain links to other websites for your convenience and information and to help us collect survey information. These websites may be operated by companies that are not affiliated with the Company, and may have different privacy policies and terms of use. The Company does not control the content that appears on these websites or their privacy practices. Notwithstanding the presentation of, or links to, any third-party information or website on the Website, no such presentation shall be considered an endorsement, guarantee, representation or warranty, either express or implied, by us on behalf of any third-party. We shall have no liability or responsibility whatsoever for the content, subject matter or substance of any information accessed or obtained from third-party websites accessed from or via the Services. Access to third-party websites from the Services is done at your own risk.

This Section X will survive termination of this Terms of Use by you or the Company for any reason.

XI. Term and Termination
These Terms of Use shall remain in effect for so long as you are a User of the Services. You may terminate this Agreement at any time by deleting your Profile and User account and discontinuing use of the Services, provided that those provisions of this Terms of Use that are intended to survive termination shall remain in effect.

XII. General Information
Entire Agreement. These Terms of Use, together with the Privacy Notice, constitute the entire agreement between you and the Company governing your use of this Website, superseding any prior agreements between you and the Company with respect to this Website. You also may be subject to additional terms and conditions that may apply when you use or purchase certain services of the Company.

Waiver and Severability. The failure of the Company to enforce any right of the provisions in the Terms of Use or Privacy Notice shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, it shall not affect any other provision of the Terms of Use or Privacy Notice, and the Terms of Use or Privacy Notice shall be construed without regard to the invalid, illegal, or unenforceable provision.

Choice of Law; Jurisdiction; Venue. Your use of this Website and any dispute arising out of or in connection with this Website shall be governed by the laws of the State of New York without giving effect to any conflict of laws provisions. By accessing this Website, you agree that any action or proceeding arising out of or in connection with this Website shall be brought solely in a court of competent jurisdiction sitting in the State of New York, and you agree to submit to the personal and exclusive jurisdiction of the courts located in New York County, New York. You hereby waive any defense of an inconvenient forum to the maintenance of any action or proceeding in other courts and any objection to venue with respect to such proceeding.

Viruses and Transmission of Sensitive Information
We cannot and do not guarantee or warrant that the materials contained on this Website will be free of viruses, worms or other code or related hazards that may have destructive properties (collectively "viruses"). It is your responsibility to ensure that you have sufficient procedures, firewalls, checkpoints, and safeguards within your computer system to satisfy your particular requirements to protect against viruses. The Company does not assume any responsibility or risk for your use of the Internet, nor do we assume any responsibility for any products or services of, or hyperlinks to, third-parties.

Miscellaneous
We do not represent that materials and Content on the Website and Services are appropriate or available for use in your location. Persons who choose to access the Services do so on their own initiative and at their own risk, and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website must be filed within one (1) year after such claim or cause of action arose or be forever barred.

This Section XII will survive termination of this Terms of Use by you or the Company for any reason.