Terms And Conditions
AGREEMENT TO TERMS
Please read these Terms of Use carefully before using this site. This Agreement sets forth the terms and conditions you become legally bound to through your use of this website.
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Global Career Networks, Inc. and its subsidiary Gcnmediagroup.com, Inc. (collectively referred to herein as “GCNMG”, “Company”, “we”, “us”, or “our”), concerning your access to and use of our websites (https://Gcnmediagroup.com/, https://Gcnmediagroup.com/data-solutions/,https://Gcnmediagroup.com/lead-generation/,https://Gcnmediagroup.com/direct-newsletter-advertising/,https://Gcnmediagroup.com/social-media-building/,https://Gcnmediagroup.com/targeted-webinars/,https://Gcnmediagroup.com/on-demand-cmo-cto/,https://Gcnmediagroup.com/on-demand-contact-center/,https://Gcnmediagroup.com/on-demand-sales-people/,https://Gcnmediagroup.com/investor-webinar-package/) as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, our “Sites”). By accessing or using the Sites in any manner, including, but not limited to, visiting or browsing the Sites or contributing content or other materials to the Sites, you agree that you have read, understood, and agreed to be bound by all of these Terms of Use.
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING OUR SITES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on our Sites from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. The only notice we will provide about any changes is to update the “Last Updated” date of these Terms of Use. You will not receive a specific notice and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of our Sites after the date such revised Terms of Use are posted.
The information provided on our Sites are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access our Sites from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent that local laws are applicable.
Our Sites are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for our Sites.
INTELLECTUAL PROPERTY RIGHTS & OWNERSHIP
Unless otherwise indicated, our Sites are our proprietary property and all content, source code, databases, functionality, files, software, website page layouts and designs, audio, video, text, photographs, and graphics on our Sites (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned by us or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.The Content and the Marks are provided on our Sites “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of our Sites and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use our Sites, you are granted a limited license to access and use our Sites and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to our Sites, the Content and the Marks.
USER REPRESENTATIONS
By using our Sites, you represent and warrant that: (1) all information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access our Sites through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use our Sites for any illegal or unauthorized purpose; and (7) your use of our Sites will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of our Sites (or any portion thereof).
USER REGISTRATION
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. 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.
PROHIBITED ACTIVITIES
You may not access or use our Sites for any purpose other than that for which we make our Sites available. Our Sites may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. You agree that you shall not use the Website or the Services to transmit or knowingly or recklessly receive (or knowingly or recklessly authorize or permit any other person to receive or transmit) material which is obscene, threatening, menacing, offensive, defamatory, abusive, untrue, in breach of confidence, in breach of any intellectual property right (including copyright) or which may cause anxiety to others including racist or sexist content or material which otherwise violates any applicable law or regulation or code, or which makes excessive demands for bandwidth or contains any virus or which may otherwise impair or harm GCNMG’s computer systems or any third party computer system.
As a user of our Sites, you agree not to:
Systematically retrieve data or other content from our Sites to create or compile, directly or indirectly, a collection, compilation, or database without written permission from us.
Circumvent, disable, or otherwise interfere with security-related features of our Sites, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of our Sites and/or the Content contained therein.
Engage in unauthorized framing of or linking to our Sites.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use any information obtained from our Sites in order to harass, abuse, or harm another person.
Use our Sites as part of any effort to compete with us or otherwise use our Sites and/or the content of our Sites for any revenue-generating endeavor or commercial enterprise.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of our Sites.
Attempt to bypass any measures of our Sites designed to prevent or restrict access to our Sites, or any portion of our Sites.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of our Sites to you.
Delete the copyright or other proprietary rights notice from any content.
Copy or adapt our Sites’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of our Sites or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of our Sites.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Except as may be the result of a standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses our Sites, or using or launching any unauthorized script or other software.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or our Sites.
Use our Sites in a manner inconsistent with any applicable laws or regulations.
PAID SERVICES OF Gcnmediagroup.com (Needs modification)
Certain services offered by Gcnmediagroup.com are made available to you on a paid basis. Users that choose to use paid services agree to the following additional terms and conditions. You agree to provide current, complete, and accurate purchase and account information for all purchases made via our Sites. You further agree to promptly update payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Gcnmediagroup.com reserves the right to change, modify, discontinue, temporarily or permanently, our Services (or any part thereof) and the pricing for those services at any time, with or without notice. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.Any taxes due on services shall be paid by Customer. If the customer is exempt from otherwise applicable taxes, Customer must submit its tax identification number and exemption certificate to Gcnmediagroup.com for review before the start of paid services. Payment processing is through Stripe. We accept the following forms of payment: Visa, Mastercard, American Express, and Discover.
Gcnmediagroup.com reserves the right to cancel any purchase made through our Sites for any reason. We may, in our sole discretion, limit or cancel quantities purchased per person or per household. These restrictions may include orders placed by or under the same customer account, the same payment method, the same IP address, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. Other common situations in which orders are cancelled may include pricing errors, availability issues, or credit card payments that are declined by the issuing financial institution.
Customer agrees to compensate Gcnmediagroup.com for its reasonable expenses, including attorney and collection agency fees, incurred in the collection of payments and the enforcing of its rights under this agreement.
With respect to any paid or free services offered, GCNMG and Gcnmediagroup.com cannot promise the effectiveness of any of its services. The Parties hereto acknowledge and agree that the Companycannot guarantee any specific results from your use of the licensed Data.
REFUND POLICY
All sales are final and no refunds will be issued. However, we offer a Bounce-Back Guarantee that states if more than 5% of our emails bounce back, we will provide credits for more data.
DATA DELIVERY & SUPPORT
Placing an order with Gcnmediagroup.com and making payment to GCNMG constitutes your agreement to these Terms of Use. You can download your data records from the email you will receive from us within 48 hours after your order is confirmed. Please check your spam folder if you do not see an email from data@Gcnmediagroup.com within 48 hours of placing an order.
GCNMG will provide reasonable assistance and ongoing support to assist you in accessing the Licensed Data. GCNMG will make its personnel available by using the calendar link on our Site to book an appointment with a support technician. Support technicians can answer questions regarding issue resolution or general questions and will make reasonable efforts to acknowledge support requests within 48 business hours. If you require assistance, please schedule an appointment through the calendar link on our website.
LIMITED LICENSE AND ACCEPTABLE USE OF DATA
Upon your agreement to these Terms of Use, you will be granted a non-exclusive and non-transferable license for personal access to use the Data for a period of one (1) year. You shall not assign, sell, distribute, sublicense, share, transfer, or otherwise make the Data available to any third person or entity unless specifically authorized in advance and in writing by GCNMG. You agree to use your best efforts to prevent the unauthorized use or misuse of GCNMG Data by any third person or entity. You shall not incorporate any portion of the Data into your products or services. GCNMG shall retain all original rights to the Data. Data may be used solely for the following purposes: (a) to communicate with contacts in a manner that relates to such persons’ business, profession, or employment; (b) to identify prospective sales opportunities, research existing customers or prospects, and analyze data relating to your business-to-business sales, direct marketing or customer prospecting, market research, recruiting, or business development and will comply with all applicable laws, rules, and regulations including the CAN-SPAM Act, COPPA, the Telephone Consumer Protection Act, and any State Registry laws.
You acknowledge that the Data may include names, emails, and phone numbers that appear on one or more do-not-contact lists maintained by a federal, state, provincial, or other governmental entity or whose use may otherwise be regulated. You are responsible for subscribing to all applicable do-not-contact lists and you further agree to comply with all such relevant Laws, including those relating to any such do-not-contact lists.
Upon expiration or termination of the Agreement, you shall discontinue use of the Data. If your account is terminated by GCNMG for any reason, your limited, nonexclusive, non transferable license will be revoked immediately upon account termination.
GCNMG reserves the right to review your use of the Data to ensure compliance with this Agreement, but any failure of GCNMG to review such use will not constitute acceptance of such use or waive any of GCNMG’s rights hereunder or limit any of your obligations with respect to the Data. At any time with at least 30 days notice, GCNMG may audit your records to determine whether you are in compliance with this Agreement and you will make available to GCNMG or its representatives all records necessary for the conduct of such an audit.
LIMITATIONS ON USE OF SERVICES
In any of your advertisements or promotional or marketing materials or use of the Data, you will not name or refer to Gcnmediagroup.com or GCNMG. You will not use the Data for consumer credit purposes, underwriting consumer insurance, employment purposes, tenant screening purposes,or for any other purpose covered by the federal Fair Credit Reporting Act or for any other purpose not expressly authorized by the Agreement. Your use of the Data will comply with all applicable federal, state, local and foreign laws, statues, rules and regulations (“Laws”), including Laws regarding telemarketing, email and facsimile marketing, customer solicitation, do-not-call lists, the use of automatic dialing equipment, and all applicable guidelines of the Direct Marketing Association (“DMA”) and you shall be responsible for compliance in connection with your use of the Data. If you are not a member of the DMA, you will use your best efforts to comply with the DMA’s guidelines.
You will not use the Data for commercial purposes not permitted under this Agreement and you shall use the Data in a responsible and professional manner consistent with the intended and permissible uses herein and consistent with standard industry practice.
LIMITED WARRANTY
The Data is provided on a strictly “as is” basis. GCNMG does not assure or warrant the completeness or correctness of the Data and GCNMG disclaims any and all warranties of any nature, express or implied, including any warranties of merchantability or suitability for a particular purpose. All sales are final and no refunds will be issued. However, we offer a BOUNCE-BACK GUARANTEE that states if more than 5% of our emails bounce back, we will provide credits for more data.
EMAIL SERVICES
After making a purchase on Gcnmediagroup.com, you may receive offers for our other products that may be of interest to you. If you no longer wish to receive information from any of our Sites listed above, you can opt out of being contacted by unsubscribing from the email list.
USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
Your Contributions do not violate any federal or state law concerning child pornography or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.
CONTRIBUTION LICENSE
By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions.
We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
Our Sites may contain (or you may be sent by registering on our Sites) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through our Sites or any Third-Party Content posted on, available through, or installed from our Sites, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-PartyContent does not imply approval or endorsement thereof by us. If you decide to leave our Sites and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from our Sites or relating to any applications you use or install from our Sites. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
SITE AVAILABILITY & MANAGEMENT
We try to ensure continuous availability of our Sites and all the services available on it but accept no responsibility for the consequences of interruptions or delays, however caused. All liability of GCNMG and its subsidiaries, its directors or employees howsoever arising for any loss whatsoever arising from your use of or inability to use the Website and/or the Services is excluded, insofar as it is possible to do so in law. We may, additionally, alter the design and specification of our Sites at any time.
We reserve the right, but not the obligation, to: (1) monitor our Sites for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from our Sites or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage our Sites in a manner designed to protect our rights and property and to facilitate the proper functioning of our Sites.
PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy at https://Gcnmediagroup.com/. By using our Sites you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised our Sites are hosted in the United States. If you access our Sites from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of our Sites, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from our Sites as quickly as is reasonably practical.
COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
TERM AND TERMINATION
These terms of use shall remain in full force and effect while you use our Sites. Without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of our Sites (including blocking certain ip addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation. We may terminate your use or participation in our Sites or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of our Sites at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of our Products/Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of our Sites.
We cannot guarantee our Sites and the Products/Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to our Sites, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify our Sites at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use our Sites during any downtime or discontinuance of our Sites. Nothing in these Terms of Use will be construed to obligate us to maintain and support our Sites or to supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW
These Terms of Use and your use of our Sites are governed by and construed in accordance with the laws of the State of New York applicable to agreements made and to be entirely performed within the State of New York, without regard to its conflict of law principles.
DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined to by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Westchester County, New York. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Westchester County, New York, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.
In no event shall any Dispute brought by either Party related in any way to our Sites be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
RESTRICTIONS
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.EXCEPTIONS TO ARBITRATION
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.CORRECTIONS
There may be information on our Sites that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on our Sites at any time, without prior notice.DISCLAIMER
Our Sites are provided on an as-is and as-available basis. You agree that your use of our Sites services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, expressed or implied, in connection with our Sites and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of our Sites’ content or the content of any websites linked to this site and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Sites, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from our Sites, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our Sites by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via our Sites. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through our Sites, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.LIMITATIONS OF LIABILITY
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of our Sites, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.INDEMNIFICATION
Most web browsers and some mobile operating systems include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Policy.USER & PERSONAL DATA
We will maintain certain data that you transmit to our Sites for the purpose of managing the performance of our Sites, as well as data relating to your use of our Sites. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using our Sites. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.To the extent that either party transmits or receives personal information, such party shall comply with all applicable laws, rules, and regulations regarding privacy and the lawful processing of personal information. To the extent that personal data obtained by you from GCNMG is subject to the E.U. General Data Protection Regulation (the “GDPR”), each party agrees that it is a “controller” with respect to such data as defined in the GDPR and agrees to comply with all applicable provisions. Notwithstanding anything in this Agreement to the contrary, Licensee shall not use any information subject to the GDPR unless it is for a purpose that constitutes a “legitimate interest” (including direct marketing) as defined in the GDPR, or you have another lawful basis to process such information.
Your personal data will be collected and processed by GCNMG in accordance with its privacy policy. You hereby agree to these terms in our privacy policy by your agreement to these Terms & Conditions.
You may not assign, transfer, sublet, lease or delegate all or any of your rights and obligations, without GCNMG’s prior written consent.
GCNMG reserves the right to assign or transfer all or any of its rights and obligations under this Agreement to any companies in the same group as
GCNMG or any other third party. In the event of assignment or transfer, notification will either be given to you by e-mail or posted on the Website.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting our Sites, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on our Sites, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA our Sites. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on our Sites or in respect to our Sites constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of our Sites. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.CONTACT US
In order to resolve a complaint regarding our Sites or to receive further information regarding the use of our Sites, please contact us at:Global Career Networks, Inc.
1858 Pleasantville Road, Suite 110
Briarcliff Manor, NY 10510, United States
General Inquiries
info@Gcnmediagroup.com
Data Inquiries
sales@Gcnmediagroup.com
