The JobSearch Guides+ Assessment Terms of Use

Revised: January 2, 2024

Introduction.

The JobSearch Guides+ Assessment is a product of JobShop, Inc and JobShop Publishing, LLC (Hereafter referred to as JobShop).

By enrolling in the program after paying a fee, and creating an account or otherwise using the Services (as defined below) in any manner, you are entering into a legally binding agreement with JobShop, Inc, a Virginia corporation headquartered in Shacklefords, VA, as set forth in these Terms of Use (“Terms”). These Terms also include our Privacy Policy which is incorporated by reference.

You must be at least 16 years of age to use the Services. If you are under 16 years of age, you may not, under any circumstances or for any reason, use the Services. The Services are not targeted to or meant for anyone who has not reached 16 years of age and we will not knowingly collect information from anyone under the age of 16. If the applicable law in the country or state in which you are using the Services requires that you be older than 16 to use the Services, then you must be at least the minimum age legally defined for such country or state in order to use the Services.

Services.

The “Services” collectively include the “Website” (meaning www.jobsearch-help.com and including all webpages, subdomains, and any successor or affiliated websites), emails, newsletters, and other communications, user accounts, and any other products or services offered by JobShop., and any other services that state they are governed by these Terms. “Content” means any and all text, articles, images, videos, graphics, software, music, audio, information, or other materials appearing on the Website, including, without limitation, information about career resources, advice, questions, answers, or other content, whether created or posted by you, JobShop,Inc, a third party, or any other user.

Modifications.

We may update these Terms from time to time. We will give you notice of the changes by posting an updated version of these Terms online, updating the “Revised” date above, or by emailing you at an email address you have provided. Changes to these Terms will be effective as of the date we post them or otherwise notify you of them, unless we specify a different effective date when we make a particular change. Your continued use of the Services will constitute your acceptance of the changes. If you do not agree to a change, you must stop using the Services.

We may modify, add to, suspend, or discontinue the Services or certain features of the Services, or remove any Content at any time for any reason, without prior notice to you. Unless expressly stated otherwise, any new feature that augments, enhances, or otherwise modifies the Services is subject to these terms.

Accounts.

While you are not required to provide your personal information to us, unless you create an account with us (a “JobSearch Guides+ Assessment Account”) and give us certain personal information, we may not be able to provide you with access to, or use of, some of the Services. If you choose not to create or continue to maintain an Account, you may still access certain features as a visitor to our Website. Your access and use of the Services, whether as a visitor or as a JobSearch Guides + Assessment Account holder, is subject to these Terms.

Your JobSearch Guides+ Assessment Account is for your personal, non-commercial use only and you must provide complete and accurate information when creating an Account. You are responsible for maintaining the confidentiality and security of your account information, including any usernames or passwords, and are solely responsible for the activity that occurs on your JobSearch Guides+ Assessment Account. You may not create an account for someone else or allow someone else to use your Account. You agree to notify us immediately of any actual or suspected unauthorized access to or use of your username or password or any breach of security related to your Account. If your Account has been canceled by us, or you have been removed or otherwise blocked from the Website due to a violation of our Code of Conduct or for any other reason, you may not continue to use the Services.

You may cancel your JobSearch Guides + Assessment Account at any time by sending an email to customerservice@jobsearch-help.com. If your JobSearch Guides + Assessment Account is cancelled, we have no obligation to maintain, delete or return to you any Content or personal information data you have posted through your use of the Services unless you specifically request such deletion in accordance with our Privacy Policy and have a legitimate right to such deletion under applicable law.

Assessment of Job Search Preparedness.

The Jobsearch Guides+ Assessment website allows you to take the Assessment of Job Search Preparedness for free. You will also be presented with the results of your assessment. JobShop. Makes no claims concerning the accuracy or validity of this assessment. The purpose of the assessment is gather information about the users issues related to the job search.

Paid Services.

The Services include a variety of products and services that are free to use (Assessment of Job Search Preparedness), as well as certain products and services that require payment (“Paid Services”). We reserve the right to charge for Free Services or change the price for Paid Services, at any time. If you purchase any of our Paid Services, you agree to pay us any applicable fees and taxes and you agree to any additional terms that may apply. You hereby authorize the collection of such amounts either directly by JobShop. or indirectly via a third-party payment processor.

Failure to pay these fees will result in the termination of the applicable Paid Service. If you are directed to a third-party payment processor, you may be subject to terms and conditions governing the use of that third-party’s service and that third-party’s personal information collection practices.

Please note that JobShop. is not liable for any bank fees, foreign exchange fees, or differences in prices based on geographic location. JobShop. or its third-party payment processor may store and continue billing your payment method in order to charge you for other Paid Services you may buy.

Content: Licenses.

Your Content. Your content would include the results of your assessment and documentation of your accessing the Guides. We do not acquire ownership of the Content you post through the Services, but by posting any Content, you agree to grant us a universal, perpetual, sub-licensable, commercial, royalty-free, and irrevocable license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, display, and distribute such Content, in all media and distribution methods now known or hereafter devised, and you represent to us that you have the right to grant such a license. Any feedback, comments, or suggestions you may provide regarding the Services is entirely voluntary and we are free to use such feedback, comments, or suggestions as we see fit and without any obligation to you. We reserve the right, but do not have any obligation to, remove or block any Content in our sole discretion, at any time, without notice to you and for any reason (including, without limitation, upon receipt of claims or allegations from third-parties or authorities relating to such Content or if we are concerned that you may have violated these Terms), or for no reason at all. If the Content you submit to the Services contains your personal information, your right to access that personal information is governed by our Privacy Policy.

Guides. The Website and Services contains Guides posted by JobShop. We retain all right, title and interest in and to such JobShop.Content, including all associated intellectual property rights, including, without limitation, copyrights, trademarks, trade names, trade dress, logos, patents, know-how, trade secrets, instructions, and all other proprietary information. Subject to your compliance with these Terms, JobShop. grants you a revocable, limited, non-exclusive, non-transferable license, to access and view any JobShop. Content solely for your personal and non-commercial purposes. You agree not to sublicense, copy, distribute, display, disseminate, reproduce, or otherwise exploit any JobShop. Content or Services without our prior written permission, regardless of whether it is created or owned by JobShop. or a licensor to JobShop..

Links to Third-Party Sites.

The Website may direct you to third-party websites that are not owned or maintained by JobShop.. We are not responsible for your use of such third-party websites and we make no representations whatsoever concerning the content or accuracy of, opinions expressed in, or other links provided by such websites. The inclusion of any such link to a third-party website does not imply any association between us and their operators. Your use of any third-party websites is governed by the terms of such third-party websites and not by these Terms.

Code of Conduct.

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Services. In connection with your use of the Services, you agree that you will not:

Violate any local, state, provincial, national, or other law or regulation, or any order of a court.

Run any bots, spiders, scrapers, web crawlers, indexing agents, or other software to aggregate or browse our Services, including, without limitation, company or user accounts or profiles, or otherwise interfere with or circumvent the integrity of the Website or Services.

Introduce any viruses, trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software to the Website or Services or transmit any other computer programming routines that may damage, interfere with, or surreptitiously intercept any data, or personal information.

Use the Services to transmit, distribute, post, or submit any confidential information concerning any other person or entity.

Stalk or harass, interfere with, or disrupt the access of any user of the Services, or collect or store any personally identifiable information about any other user without explicit consent from the user.

Defame, defraud, mislead, or impersonate any person or entity, or otherwise misrepresent yourself or your affiliation with any person or entity.

Post false information, including, without limitation, in respect of a job, company, or your own credentials as a job applicant.

Infringe, violate, or otherwise interfere with any copyright, trademark, or other intellectual property rights of another party.

Act in any manner which, in our sole discretion, is objectionable, interferes with the proper working of the Services, or which may affect our reputation in any way.

Disclaimers.

The disclaimers in this section apply to the maximum extent allowable under applicable law.

You are solely responsible for your use of the Services and we are not responsible for the activities, omissions, or other conduct, whether online or offline, of any other user. You are solely responsible for ensuring that your use of the Services is in compliance with all laws, rules, and regulations applicable to you. We make no representations concerning any Content contained in or accessed through the Services.

The Services are provided “as is” and without warranty of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, accuracy, or non-infringement, all of which are expressly disclaimed. JobShop. does not warrant that: (a) the Services will be secure or available at any particular time or location; (b) the Services will function without errors; (c) any defects or errors will be corrected; (d) any Content or software available through the Services is free of viruses or other harmful components; and (e) the results of using or relying on any Content or Services or advice contained therein will meet your requirements or produce desired results. Your use of, or reliance on, the Services or any Content is solely at your own risk.

Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JobShop. BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, OR REPUTATION ARISING FROM YOUR USE OF THE WEBSITE, CONTENT, OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL THE AGGREGATE LIABILITY OF JobShop., WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.

DMCA Notices.

We respect the intellectual property rights of others and take copyright infringement seriously. If you believe that your copyright has been infringed on the Website or otherwise in our Services, please notify us via mail or email with a message which contains:

Your name and contact information, including your address, telephone number, and an email address;

The name of the party whose copyright has been allegedly infringed, if different from your name; The name and description of the original work that is allegedly being infringed;

The location of the alleged infringing copy (such as the URL);

A statement that you have a good faith belief that use of the copyrighted work is not authorized by the copyright owner (or by a third-party who is legally entitled to authorize its use on behalf of the copyright owner) and is not otherwise permitted by law; and

A statement that you swear, under penalty of perjury, that the information contained in the notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.

You must sign this notification and send it to:

Attn: Legal JobShop.

P.O. Box 654

Shacklefords, VA 23156 United States

Legal@jobsearch-help.com

We review all infringement claims, determine their merit, and act accordingly.

Indemnification.

You agree to indemnify, defend and hold harmless JobShop., its affiliates and each of their respective principals, shareholders, agents, officers, directors, consultants, and employees from or against third-party claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses arising from or relating to any third-party claim, suit, action or proceeding arising out of or related to your use or purchase of the Services, your violation of the rights of any third-party or person, or your breach of these Terms or any representation or warranty contained herein. JobShop. reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify JobShop., and you agree to cooperate with JobShop’s defense of these claims. JobShop will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

Dispute Resolution.

You agree that the laws of the Commonwealth of Virginia , USA, excluding its conflict of laws rules, shall exclusively govern any dispute relating to these Terms and/or the Services.

PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH JobShop. AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM JOBSHOP. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.

You and JobShop. agree to arbitrate any dispute arising from these Terms or your purchase or use of the Services, except that you and JobShop. are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. You and JobShop. agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to JobShop shall be sent by mail to JobShop., Attn: Legal, P.O. Box 654, Shacklefords, VA 23156 or by email to: legal@jobsearch-help.com. You and JobShop further agree: to attempt informal resolution prior to any demand for arbitration; that any arbitration will occur in a place of JobShop’s chosing; that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and that the state or federal courts in Virginia have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Whether the dispute is heard in arbitration or in court, you and JobShop. will not commence against the other a class action, class arbitration, or other representative action or proceeding.

Miscellaneous.

These Terms, together with the Privacy Policy, and any other legal notices published on the Website, shall constitute the entire agreement between you and JobShop. concerning your use of the Services. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by JobShop. at any time without restriction. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, JobShop. shall have the sole right to elect which provision remains in force. No waiver of any one provision set forth in these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and JobShop’s failure to assert or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision.

Any inquiries about your rights under these Terms, or any matters regarding your privacy, can be directed to:

Attn: Legal JobShop.

P.O. Box 654

Shacklefords, VA 23156