Terms & Conditions

1. INTRODUCTION

Welcome to JobVu. JobVu is a registered trade name of Cloverwell, LLC. The following Terms and Conditions govern your use of our websites, products, services and applications (the “Services”). These Terms and Conditions (the “Terms”) are a binding contract between you and Cloverwell, LLC. (“JobVu,” “JobVu.com," “we” and “us”). By using the Services in any way, you agree to all of these Terms, and these Terms will remain in effect while you use the Services.

2. SERVICES

A. Summary

JobVu provides professional services and web solutions for users and clients to create or enhance online visibility for the purposes of: personal branding, employer branding, recruitment marketing, job advertising, job candidate engagement, and business promotion.

‍B. Paid Services

If you purchase any of our Paid Services, you agree to pay us all applicable fees, as described on the JobVu.com website, or those applicable fees communicated to you within a signed service agreement, in connection with such Services selected by you. You also agree to any additional terms that we may notify you of that are applicable to the Paid Services. You hereby authorize the collection of such amounts either directly by JobVu 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 JobVu is not liable for any bank fees, foreign exchange fees, or differences in prices based on location. JobVu or its third-party payment processor may store and continue billing your payment method (e.g., credit card), to charge you for other Paid Services that you choose to purchase.

C. Standalone Websites

Your Website and your end-users are your responsibility. JobVu has no control over, and assumes no responsibility, for your Website or any interaction with your end-users. JobVu assumes no liability for any content that you, your end-users, or any other user or third-party posts or sends with regard to your Website. You are solely responsible for your content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your content. You agree that you will comply with all applicable laws and regulations related to your Website and your end-users. If you collect or process any personal information of your end-users or if you send marketing or other electronic communications to any end-users you must comply with all applicable data protection, security and privacy laws and regulations (including, where applicable, the EU General Data Protection Regulation). If applicable law requires, you must provide and make available to your end-users on Website a legally compliant privacy policy.

     i. CMS Software and Hosting - JobVu utilizes a third-party platform for content management functionality and web hosting. You may not decompile, reverse engineer, or otherwise attempt to discover the source code of the software. You do not have the right to sublicense the Services, download or modify any portion of the Services, or resell the Services. If you violate these Terms, we reserve the right to terminate your license to the Services without notice.

The software may automatically update from time to time. These updates are designed to improve, enhance, and further develop the software and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates (and permit us to deliver these to you with or without your knowledge) as part of your use of the software.

Managed web hosting includes enterprise-grade speed and performance, a powerful Content Delivery Network (CDN), infinite scalability, daily backups, and the benefits of an included SSL certificate. JobVu, however, shall not be responsible or liable for any loss or damage incurred as the result of any technical disruption, downtime, or breach; and makes no guarantees of uptime.

Standalone web hosting limitations are as follows:

• Up to: 100 static web pages
• Up to: 100,000 monthly visits
• Up to: 1,000 monthly form submissions
• Up to: 2,000 CMS items, including dynamic pages and elements
• 2 CMS user accounts
• File uploads:
• Image max size: 4MB per file
• Background video max size: 30MB per file
  

     ii. Ecommerce Activities - You are solely responsible for all of all ecommerce activities you conduct through your Website, including your products and services, all applicable taxes and fees, compliance with the Payment Card Industry Data Security Standard (PCI DSS), and compliance with any applicable laws.

We are not involved in your relationships or transactions with any end-user, customer or potential customer. You are responsible for resolving all support questions, comments, and complaints, including refunds, chargebacks, or pricing questions. You should provide contact information so that customers may contact you with questions or complaints. You are responsible for providing all products and services sold to your customers, and for fulfilling all promises, representations, or warranties you make to them in connection with a sale.

We may enable you to collect payment from your end-users via third party ecommerce payment processors through an integration with your Website. Payments from your end-users to you via such integration will be processed in accordance with the applicable payment processors’ terms and policies. Your end-users will submit their payment information directly to such payment processors. We don’t collect or store your end-users’ payment information.

     iii. Third-Party Applications, Services, and Integrations - Your interactions with third-party organizations, including any third-party software or application integration, are solely between you and such organizations. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that JobVu shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

D. Consulting Services

Some Services include consultation or direct communication with a representative of JobVu. For any such Services, you acknowledge that we cannot guarantee any particular results, as such outcomes are based on subjective factors that are not within our control. Services are not to be considered advice, therapy, or counseling. Any content or comments expressed about potential outcomes are expressions of opinion only. We cannot and do not make any guarantees other than to deliver the Services purchased as described. Additionally, we are not an employment agency and we do not directly find employment for individuals or directly recruit candidates for employers.

E. Changes to Services

Our Services may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We will make attempts to provide you notice when we make a change to the Services that would adversely affect you, but this isn’t always practical.

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3. CONTENT

A. Our Content

We retain all right, title and interest in and to our Content and Services, which includes all materials within the Services except your Content (defined below). This includes all associated intellectual property rights, including, without limitation, copyrights, trademarks, trade names, logos, patents, trade secrets, instructions, and all other proprietary information.

You agree not to sublicense, copy, distribute, display, disseminate, reproduce, or otherwise exploit any Content or Services without our prior written permission.

B. Your Content

Content that you submit to be posted on JobVu.com or on any website, web page, portal or other entity designed or managed by JobVu is your Content. You retain full ownership of your Content, and agree to grant us a universal, perpetual, sub-licensable, commercial, royalty-free, and irrevocable license to use, publish, display, edit, 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. In connection with providing the Services, we may modify or adapt your Content in order to publish, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

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.

You understand and agree that the Services include public content distribution on JobVu.com, social media platforms, and other content distribution methods. Users may search for, see, use, and/or re-post any Content that you make publicly available through the Services. You agree that this license includes the right for JobVu to make your Content available to others for the publication, distribution, syndication, or broadcast on other media and services. You agree that any Content that you make publicly available through the Services, that includes images or videos of people, is your responsibility, and is submitted with the consent of those individuals.

We reserve the right at all times to remove or refuse to distribute any Content 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. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to satisfy any applicable law, regulation, legal process or governmental request.

All Content in or on the Services, whether publicly posted or privately transmitted by you or your end-users, is the sole responsibility of the person who originated such Content. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. If you use or rely on any Content or materials posted via the Services or obtained by you through the Services, it is at your own risk. Under no circumstances will JobVu be liable in any way for any Content, or any loss or damage of any kind incurred as a result of the use of any Content in the Services.

C. Third-Party Websites

JobVu.com may include links to third-party websites posted by either JobVu or users of JobVu services or solutions. We have no control over, and assume no responsibility for any activities, content, or practices posted on third-party websites or resulting from our providing access to third-party websites.

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4. ACCEPTABLE USE

You agree to use and/or participate in our Services responsibly. You agree not to misuse the Services. Your use of the Services is subject to the following restrictions:

You represent, warrant, and agree that you will not contribute any Content or otherwise use the Services or interact with the Services in a manner that:

• Infringes or violates the intellectual property rights or any other rights of anyone else; Violates any law or regulation, including any applicable export control laws;
• Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable; Jeopardizes the security of JobVu’s systems or anyone else’s (such as allowing someone else to log in to the Services as you);
• Attempts, in any manner, to obtain the password, account, or other security information from any other user; Violates the security of any computer network, or cracks any passwords or security encryption codes;
• Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
• “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
• Copies or stores any significant portion of the Content;
• Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
• May create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
• May create a risk of any other loss or damage to any person or property;
• Seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
• May constitute or contribute to a crime or tort;
• Contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
• Contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);
• Contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
• Contains any information or content that you know is not correct and current.
  

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

5. DMCA NOTICES

We respect the intellectual property rights of others and take copyright infringement very seriously. Our Services may include curation and promotion of third-party content and websites for the purpose of assisting our users and/or directing our users to these third-party websites and content providers. If, through our efforts, we include links to, or publish content from or about organizations, third-party content providers, or website owners that is unwanted or deemed inappropriate or infringing by the organization, content provider or website owner, we will remove the content or link upon request. For any removal, update, or attribution requests, please contact us.

If you believe that your copyright has been infringed on JobVu.com 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 infringed, if different from your name;
• The name and description of the work that is being infringed;
• The location on the Website of the infringing copy;
• 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.
  

Please sign this notification and send it to:

JobVu [Cloverwell, LLC]
P.O. Box 218412
Columbus, OH 43221
United States
support@jobvu.com

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6. TERMINATION

You’re free to terminate any Services, including web solutions, by contacting us. JobVu is also free to terminate (or suspend access to) your use of the Services or web solutions, for any reason in our discretion, including your breach of these Terms. JobVu has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. Service termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate Services. Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

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7. INDEMNITY

To the fullest extent allowed by applicable law, You agree to indemnify and hold JobVu, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

You agree to defend, indemnify, and hold us and our Affiliates harmless from and against any demands, loss, liability, claims, or expenses (including attorneys’ fees) made against us by any third party due to or arising out of your User Content, use of the Services, violation of these Terms and Conditions, or violation of any rights of another.

8. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, CURRENTNESS, FREEDOM FROM INTERRUPTION, VIRUSES OR OTHER DEFECT, AND NON-INFRINGEMENT.

YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE SERVICES OR ANY CONTENT IS TO STOP USING THE SERVICES OR ANY SUCH CONTENT.  IN NO EVENT SHALL WE OR OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR CONTENT PROVIDERS (OUR “AFFILIATES”) BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE OR OUR AFFILIATES ARE ADVISED ON THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JOBVU ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL INFORMATION, INCLUDING PERSONAL INFORMATION OR FINANCIAL INFORMATION, STORED THEREIN; (IV) ANY ERRORS, MISTAKES, LOSSES, DAMAGE OR UNAUTHORIZED ACCESS RESULTING FROM THE USE OF THIRD PARTY APPLICATIONS BY YOU, BY YOUR END USERS, OR BY JOBVU ON YOUR BEHALF; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VIII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL JOBVU, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING ONE DOLLAR.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF JOBVU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

9. CHANGES TO TERMS AND CONDITIONS

As we continually work to improve our Services, these Terms may change along with the Services. We reserve the right to change the Terms at any time. If the Terms are changed, we will bring it to your attention by placing a notice on the JobVu.com website, by sending you an email, and/or by some other means. By using the Services in any way after a change to the Terms is effective, you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

10. MISCELLANEOUS

A. Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by JobVu without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

B. Governing Law, International Use, and Users

The Terms and Conditions will be governed by and construed in accordance with the internal laws of the State of Ohio, without regard to its conflicts of law provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Ohio, and waive any objection to such jurisdiction or venue.

The Services are controlled and operated from its facilities in the United States. Although the Services may be accessible worldwide, we make no representation that the Services or the materials on the Services are appropriate or available for use in locations outside the United States, and accessing the Services from territories where its use is illegal is prohibited. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the United States.

C. Arbitration

For any dispute you have with JobVu, you agree to first contact us at support@jobvu.com and attempt to resolve the dispute with us informally. In the unlikely event that JobVu has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and JobVu agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND JOBVU ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

D. Entire Agreement/Severability

This Agreement, together with any amendments and any additional agreements you may enter into with JobVu in connection with the Services, shall constitute the entire agreement between you and JobVu concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

E. No Waiver

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and JobVu’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Updated 7/16/2018