NO REPRESENTATIONS OR WARRANTIES
The services provided on this website and the content, information, documents, graphics, and images published at this website could include inaccuracies, typographical errors, or other errors. We make no commitment, however, to update what is contained in this website. Furthermore, we reserve the right to temporarily, or permanently, modify, alter, discontinue, or delete the same without prior notice. TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND INFORMATION ON THIS WEBSITE ARE PROVIDED “AS IS,” AND WITHOUT WARRANTY, AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE HEREBY DISCLAIMED, AND YOU HEREBY WAIVE ALL SUCH WARRANTIES.
Users of this website should not rely upon opinions expressed at this website when making business, financial, personal or personnel decisions. Furthermore, we do not endorse the opinions of third parties expressed on linked websites.
USER WARNINGS/USER CONDUCT
- Violate any applicable law, regulation, or rule.
- Harass, offend, threaten, embarrass, distress, or invade the privacy of any individual or entity.
- Post or transmit any commercial, advertising, or promotional materials, including without limitation, “spam” or mass distributions.
- Provide false information on your registration form or impersonate another person at any point.
- Post or transmit false, inappropriate, improper, disorderly, or excessive messages or information.
- Post any material that infringes upon any third party’s copyright, trademark, patent, or other intellectual property right.
If you violate such terms, we may, without prior notice and without liability to you, deny access to you from any services, terminate your registration, delete your messages, and take any other action we deem appropriate in our sole discretion.
With reference to any services we provide, you acknowledge that we may, from time to time, without notice to you and at our sole discretion, establish various practices, limitations and restrictions for administering such services, including without limitation: how often a service or account may be accessed; the maximum number of days that messages or postings will be retained; the maximum number of messages or postings allowed; the size and nature of messages and postings; the maximum storage space available for an account; and all other matters related to administration of services, and you agree to be bound by such practices. You agree that we are not responsible or liable for deactivation or deletion of accounts or for loss of emails, communications, postings, data, or information because of, or arising out of, our administration of such services.
JobFormance, LLC assume no responsibility for the accuracy, integrity, quality completeness, usefulness or value of any content, data, documents, graphics, images, information, advice, or opinion contained in any emails, message boards, chat rooms or community services, or in any other public services, and do not endorse any advice or opinion contained therein. We do not monitor or control such services, although we reserve the right to do so. We may take any action we deem appropriate, in our sole discretion, to maintain the high quality of our service and to protect ourselves and others.
WEBSITE LINKS AND THIRD-PARTY SITES
This website may contain links to other websites which are independent of this Web site. We make no representation or warranty as to the accuracy, value, integrity, completeness or authenticity of the information or opinions contained in any such linked website, and any link to another website shall not in any manner be construed as an endorsement by us of that website, or of the products or services described therein.
Furthermore, these links may lead to sites or links that contain offensive and objectionable content or which may contain dangerous computer viruses. You assume, and we hereby disclaim, all responsibility for any of the content on these sites or for any damage sustained by users of these sites.
While we make every reasonable effort to protect your confidential information, your confidential use of this site cannot be guaranteed by us. We shall not be responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect to your use of this site.
You may have an account and password. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all conduct carried out under this password and account. We are not liable for any loss of confidentiality or for any damages arising from your failure to comply with these terms. You will promptly report any unauthorized use of your password to us.
LIMITATION OF DAMAGES
IN NO EVENT WILL WE, OUR OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTIAL, SPECIAL OR OTHER INDIRECT ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY SERVICES, CONTENT OR OTHER MATERIALS PROVIDED OR AVAILABLE HEREUNDER, OR USE OF ANY OTHER LINKS OR LINKED WEBSITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES AROSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL BASIS. THE TERM “DAMAGES” INCLUDES, WITHOUT LIMITATION, ATTORNEY FEES, ANY LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM. YOU ACKNOWLEDGE THAT THE ECONOMIC TERMS OF OUR AGREEMENT REFLECT THE FOREGOING ALLOCATION OF RISK AND SUCH ALLOCATION OF RISK IS A SIGNIFICANT INDUCEMENT FOR US TO PROVIDE THE SERVICES, WEBSITE AND OTHER CONTENT AND MATERIALS.
All right, title, and interest (including all copyrights, trademarks, and other intellectual property rights) in this website belong to JobFormance LLC. In addition, the names, images, and other indicia identifying our products and services are our proprietary marks. All other copyrights, trademarks and other intellectual property rights referred to in this Web site belong to their respective owners.
Nothing contained in this website shall be construed as conferring any license or right, expressly, by implication, by estoppel or otherwise, under any of our intellectual property rights, or under any third party’s intellectual property rights, and no part of this website may be reproduced, republished, copied, transmitted, or distributed in any form or by any means without our prior written consent.
CLAIMS OF COPYRIGHT INFRINGEMENT
JobFormance, LLC, respects the intellectual property of others and may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that any material on this Web site infringes on any copyright which you own or control, or that any link on this Web site directs you to another Web site that contains material that infringes on any copyright which you own or control, you may file a notification of such infringement with our designated agent to have the material removed or otherwise blocked from access. Please see the NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
YOU AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY US, OUR OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, PARTNERS AND AFFILIATES, SUCCESSORS AND ASSIGNS FROM ALL LIABILITIES, CLAIMS, DEMANDS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, THAT ARE DUE TO, OR THAT ARISE FROM YOUR USE OR MISUSE OF THIS SITE, ANY SERVICES THEREIN, OR FOR INFRINGEMENT BY YOU OR OTHERS OF INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHT OF ANY THIRD PARTY. WE MAY ASSUME EXCLUSIVE CONTROL OF ANY DEFENSE OR ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU AGREE TO COOPERATE WITH US IN SUCH EVENT.
GOVERNING LAWS IN CASE OF DISPUTE
INTEGRATION; SEVERABILITY; GENERAL
The JobFit Report is an online product 100% derived from your input (Q&A, Resume, Assessment test, references). When you or your registered candidate to participate in the JobFit Report thru JobFormance, you are provided with validated results based on the way the candidate responded to the questions. Once you have purchased a JobFit Report, and/or registered a candidate, a refund is not available. If you are currently on the annual subscription plan, no refunds are available. At the end of your annual subscription, you may discontinue your subscription.
COPYRIGHT AND TRADEMARK INFORMATION
All website materials, including, without limitation, the JobFormance & JobFit Report logo, design, text, graphics, other files, and the selection and arrangement thereof are proprietary information owned by JobFormance, LLC.
Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of JobFormance, LLC. Permission is granted to display, copy, distribute and download the materials on this Site for personal, noncommercial and informational use only; provided that you may not, without the permission of JobFormance, LLC, (a) copy, publish or post any materials on any computer network or broadcast or publications media, (b) modify the materials or (c) remove or alter any copyright or other proprietary notices contained in the materials.
JobFormance, LLC and JobFit Report and the products and services described in this Site, including without limitation JobFormance.com are either trademarks, service-marks or registered trademarks of JobFormance, LLC, and its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of JobFormance, LLC. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of JobFormance, LLC, and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.
It is JobFormance, LLC policy to respect the copyright and intellectual property rights of others. All other logos descriptions or media displayed on this site remains to be the property of the rightful owner thereof. If you believe that JobFormance, LLC or any user of our site has infringed your copyright in any material way, please notify us at the following address:
PO Box 633
Wheaton, IL 60187