Terms of Use

1. Acceptance of terms

By accessing, browsing, or using UmEmployed (the "Service"), including all associated websites, applications, platforms, and services provided by UmEmployed Inc. ("we," "us," or "our"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Use ("Terms") and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms in their entirety, you must immediately cease all use of the Service.

These Terms apply to all visitors, users, and others who access or use the Service. Your use of the Service constitutes acceptance of these Terms and creates a legally binding contract between you and UmEmployed. We reserve the right to modify, update, or replace these Terms at any time as described in Section 12.

2. Eligibility

To use the Service, you must be at least 16 years of age or the age of majority in your jurisdiction, whichever is higher. By using the Service, you represent and warrant that you meet these eligibility requirements and have the right, authority, and capacity to enter into these Terms and abide by all their provisions.

If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that entity to these Terms and that you agree to these Terms on the entity's behalf. In such cases, "you" and "your" will refer to that entity.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion for any reason, including if we determine that you do not meet eligibility requirements.

3. Accounts & security

To access certain features of the Service, you must register for an account. When registering, you agree to provide accurate, current, and complete information as prompted by the registration form and to maintain and promptly update such information to keep it accurate, current, and complete.

You are solely responsible for maintaining the confidentiality of your account credentials, including your password, and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this security obligation.

You may not use anyone else's account at any time without the express permission of the account holder. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

4. Acceptable use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

• In any way that violates any applicable federal, state, local, or international law or regulation
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation
• To impersonate or attempt to impersonate UmEmployed, an UmEmployed employee, another user, or any other person or entity
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm UmEmployed or users of the Service or expose them to liability
• Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party's use of the Service
• Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service
• Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent
• Use any device, software, or routine that interferes with the proper working of the Service
• Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service
• Attack the Service via a denial-of-service attack or a distributed denial-of-service attack
• Otherwise attempt to interfere with the proper working of the Service

5. User content

The Service may allow you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material ("User Content"). You are responsible for the User Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting User Content on the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content on and through the Service. You retain any and all of your rights to any User Content you submit, post, or display on or through the Service and you are responsible for protecting those rights.

You represent and warrant that: (i) the User Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.

We reserve the right to terminate the account of anyone found to be infringing on a copyright. We have the right, but not the obligation, to monitor and edit all User Content provided by users.

6. Fees & payments

Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms as we may update them from time to time. We may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in our sole discretion.

You authorize UmEmployed to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by us, including all applicable taxes, to the payment method specified in your account. If you pay any applicable fees with a credit card, UmEmployed may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

All fees are non-refundable except as expressly provided in these Terms or as required by applicable law. You are responsible for all charges and fees associated with connecting to and using the Service, including without limitation all telephone access lines, telephone and computer equipment, and any service fees associated with such access.

7. Intellectual property

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of UmEmployed and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of UmEmployed.

Nothing in these Terms shall be construed as transferring any right, title, or interest in the Service or our content to you or anyone else, except the limited right to use the Service according to these Terms. All rights not expressly granted herein are reserved by UmEmployed.

8. Privacy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and share information about you when you access or use our Service. By using the Service, you agree that we can use such information in accordance with our Privacy Policy.

You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing, and use by UmEmployed.

9. Disclaimer of warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE SERVICE WILL OPERATE ERROR-FREE OR THAT THE SERVICE, ITS SERVERS, OR ITS CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, OR BE ERROR FREE.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL UMEMPLOYED, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE.

IN NO EVENT SHALL UMEMPLOYED'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID UMEMPLOYED IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

11. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Changes to terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

13. Governing law

These Terms shall be governed and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

You agree that any legal action or proceeding between UmEmployed and you for any purpose concerning these Terms or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Wilmington, Delaware.

14. Contact

If you have any questions about these Terms, please contact us at legal@umemployed.com or through our Contact page.

15. Prohibited Activities

You agree not to engage in any of the following prohibited activities: (a) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (b) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the UmEmployed servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (c) transmitting spam, chain letters, or other unsolicited email; (d) attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Service; (e) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (f) uploading invalid data, viruses, worms, or other software agents through the Service; (g) collecting or harvesting any personally identifiable information, including account names, from the Service; (h) using the Service for any commercial solicitation purposes; (i) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (j) interfering with the proper working of the Service; (k) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (l) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.

16. Third-Party Services

The Service may contain links to third-party websites or services that are not owned or controlled by UmEmployed. UmEmployed has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that UmEmployed shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser.

17. Indemnification

You agree to defend, indemnify, and hold harmless UmEmployed and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

This indemnification obligation will survive the termination of these Terms and your use of the Service. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

18. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. The invalid or unenforceable provision shall be deemed modified to the least extent necessary to make it valid and enforceable, and if it cannot be so modified, it shall be severed from these Terms.

19. Assignment

You may not assign, delegate, or otherwise transfer your account or your obligations under these Terms without our prior written consent. Any attempted assignment in violation of the foregoing will be null and void. We may freely assign or transfer our rights and obligations under these Terms without restriction.

20. Force Majeure

We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

21. Entire Agreement

These Terms constitute the entire agreement between you and UmEmployed regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

22. Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and UmEmployed's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

23. Survival

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

24. Notices

We may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by us in our sole discretion. We reserve the right to determine the form and means of providing notifications to our users.

25. Dispute Resolution

Any dispute arising from these Terms or your use of the Service shall be resolved through binding arbitration in Wilmington, Delaware, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms as a court would.

26. Export Control & Compliance

You may not use, export, import, or transfer the Service except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Service, and any other applicable laws. In particular, but without limitation, the Service may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List.

27. Accessibility

We are committed to ensuring digital accessibility for people with disabilities. We are continually improving the user experience for everyone and applying the relevant accessibility standards. If you wish to report an accessibility issue, have any questions, or need assistance, please contact us at accessibility@umemployed.com.

28. Modifications to Service

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

29. Support & Maintenance

UmEmployed may, but is not obligated to, provide technical support for the Service. Any support provided shall be subject to these Terms and any additional terms that UmEmployed may implement. We do not guarantee that the Service will be available at all times or that any support requests will be answered within a specific timeframe.

30. Data Protection & Security

We implement appropriate technical and organizational measures to protect your personal data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access. However, no method of transmission over the Internet or method of electronic storage is 100% secure, and we cannot guarantee absolute security.

31. User Obligations

You are solely responsible for your conduct and content while using the Service. You must comply with all applicable laws and regulations when using the Service. You represent that you have all necessary rights to all content you submit to the Service.

32. Feedback & Suggestions

If you provide us with any feedback, suggestions, or ideas about the Service ("Feedback"), you hereby assign to UmEmployed all rights, title, and interest in and to the Feedback. You agree that UmEmployed shall have the right to use and fully exploit such Feedback in any manner without restriction or compensation to you.

33. Monitoring & Enforcement

We have the right to: (a) remove or refuse to post any User Content for any or no reason in our sole discretion; (b) take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion; (c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights; and (d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service.

34. Linked Websites

The Service may contain links to other independent third-party websites ("Linked Websites"). These Linked Websites are provided solely as a convenience to our visitors. Such Linked Websites are not under our control, and we are not responsible for and do not endorse the content of such Linked Websites.

35. Electronic Communications

When you use the Service or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

36. California Users

If you are a California resident, you may have additional rights under California law. Please see our Privacy Policy for more information. California Civil Code Section 1789.3 permits users of the Service who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year.

37. International Use

The Service is controlled and operated from the United States. We make no representation that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

38. Language

These Terms were originally written in English (US). We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms and the English version, the English version shall control.

39. Section Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect. The use of the word "including" in these Terms shall be interpreted to mean "including without limitation."

40. No Agency Relationship

No joint venture, partnership, employment, or agency relationship exists between you and UmEmployed as a result of these Terms or your use of the Service. You may not enter into any contract on our behalf or bind us in any way.

41. Interpretation

These Terms shall not be construed against the drafter. The original language of these Terms is English. Any translations are provided for convenience only. In the event of any conflict between the English version and any translation, the English version shall prevail.

42. Counterparts

These Terms may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. A signed copy of these Terms delivered by facsimile, email, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of these Terms.