1. User's Acknowledgment and Acceptance of Terms
By using any of Open.career services (“Services”) you agree to be bound by the following Terms of Service (“Terms”). MktCo LLC, (further referred as “Open”, “we”, “us”, “our”) reserves the right to change or amend these Terms at any time without notice. We encourage you to review these Terms regularly, as your continued use of the Services will confirm your acceptance of the revised Terms. If you do not want to be bound to these Terms, please do not sign up for the Services.
Registration. To fully use our service you must register as a member by providing complete and accurate full name, password and email address. You are not allowed to use someone else’s name or a name that violates any third party rights.
Emails. Primary means of communication between you and us will be through emails. Thus, you acknowledge that we may use your email to notify you about upcoming system updates, new product releases, company news, changes of your account status etc., through emails. We encourage you to carefully read our emails to stay informed. We will not carry any responsibility if some information did not reach you as a result of failing to read our emails.
Account security. You must safeguard confidentiality of your job site’s access credentials. You are also responsible for all activities that occur under your account. Open will not be held responsibility for an unauthorized access to your account. If you become aware of any unauthorized access to your account, you must change your password and notify us as soon as possible.
3. Account Ownership
If you are signing up on behalf of your employer then account owner is your employer. You warrant that you have authority to bind your employer to these Terms.
You can transfer your account and pass account ownership rights to a third party at any time. In this case you need to inform us and update account information accordingly. Once your account is transferred to another owner you cannot claim ownership rights for this account.
Open reserves the right, to the extent of its knowledge and ability, to determine the rightful account owner in case of disputes. If we are not able to determine the rightful owner, we can terminate an account until the resolution between conflicting parties is found. If there are some amounts due, the person or persons determined to be the rightful owners will be obliged to pay them.
4. Fees payment
Payments. The system will charge you automatically every billing cycle. All Open services are prepaid and will not begin until full payment is received. No credits for unperformed services are possible. Open does not issue either partial or full refunds, including the cases when your services are suspended or terminated before the end of the Services.
Modification to the pricing and terms. Open retains the right to modify subscription plans’ pricing and terms at any time without additional notice. All changes will be posted in the corresponding sections of the website.
5. Billing Disputes
It is your responsibility to review all monthly charges for accuracy. Within 30 days you can dispute the charge. After 30 days we will consider that all charges are valid and thereby, you waive any claims regarding this charge.
6. Termination and Cancellation of Service
You can terminate Service at any time. To make sure your account is not billed for another month of service, you must initiate service cancellation before your billing cycle due date.
7. System Updates
We reserve the right to update the system. Updates may include, but not limited to, adding/ removing functionalities, bugs fixes etc. There are no warranties that updated version will not contain bugs or will not affect your use of the Services. We can initiate update at any time without additional notice. Open will not carry any responsibility for any modifications in code not provided by Open team. Restoration of modified code is your responsibility and any associated costs are to be met by you.
8. Use of Customer’s Name and Trademark
Open owns the platform, but we will not claim any rights for your trade names, trademarks, or data uploaded into our stores. With your written consent we may use your trade name, trademark, full name and/or your web-site URL in our live example section for advertising purposes.
Customer may use Open’s trade name, trademarks, and service marks (collectively, “Open’s Marks) for advertising purposes. Customer must submit a copy of advertising materials to Open for its prior written consent.
8. Other Conditions
We reserve the right to terminate the Service at any time
Any kind of verbal or written insult of Open member/employee will result in immediate account termination.
At our sole discretion we reserve the right to remove any content if we determine, in our sole discretion, it to be unlawful, offensive, threatening or violating third party copyrights
All sample data, including but not limited to, sample images, job and resume descriptions, sample emails texts etc, used in the Service are to demonstrate Service in operation. It is your responsibility to change it in accordance with your legal and business needs
We do not bear any responsibility for the content uploaded by our clients. All claims are to be addressed directly to the clients
9. Prohibited Activities
In addition to other restrictions outlined in these Terms, you agree that you will not:
Use the Services for any illegal purposes, beyond the scope of their intended use, or otherwise prohibited in these Terms.
Publish Content which is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Compromise security of the Service
Send any unsolicited advertising, spam or any other unauthorized promotional materials
Attempt to copy or replicate the Service provided in any shape or form.
10. Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
13. Security and Password
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.
14. Participation in Promotions
From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
15. International Use
Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
16. Termination of Use
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
17. Governing Law
This site (excluding any linked sites) is controlled by us from our offices within the Delaware, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Delaware, by accessing this site both of us agree that the statutes and laws of the State of Delaware, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of Delaware with respect to such matters.
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at firstname.lastname@example.org. if by conventional mail. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
19. Entire Agreement
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
21. Contact Information