Terms of Service Agreement
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY.
BY ACCESSING OR USING OUR SITE AND OUR SERVICES, YOU EXPRESSLY AGREE TO BE BOUND BY THIS TERMS OF SERVICE AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED OR REFERENCED HEREIN, THEN PLEASE DO NOT ACCESS OR USE OUR SITE OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 01/01/2016.
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with you and others which may interact or interface with Uncuffed, in association with the use of the Uncuffed website and services.
Uncuffed.com (“Website”) is an e-commerce website which features research on prospective employers, as well as editorial resources encompassing subjects related to employment.
The Website is the property of Uncuffed and is protected by U.S. and international copyright law and conventions. Uncuffed grants to you the right to access and use the Website, so long as such use is for your personal information and you do not alter, copy, disseminate, redistribute or republish any content or feature of the Website. You acknowledge that access to and use of the Website is subject to this TOS and any expanded access or use must be approved in advance and in writing by Uncuffed.
After creating an account on Uncuffed, you are responsible for maintaining the secrecy and confidentiality of your password for all activities that transpire on or within your account. It is your responsibility to notify Uncuffed immediately if you notice any unauthorized access or use of your account or password or any other breach of security.
In accessing and using the Website, you agree to comply with all applicable laws and agree not to take any action that would compromise the security or viability of the Website.
You agree to indemnify, defend and hold harmless Uncuffed, its affiliates, licensors, and their respective officers, directors, employees and agents from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, arising out of your use/misuse of the Website.
While the information contained on the Website has been obtained from sources believed to be reliable, Uncuffed disclaims all warranties as to the accuracy, completeness or adequacy of such information. You assume sole responsibility for your use of the Website to achieve your intended results.
To the extent you purchase an Uncuffed report for a fee, you will be required to provide accurate information regarding your credit card or other payment instructions. You agree to pay Uncuffed in accordance with the terms set forth on the Website. You authorize Uncuffed or its third-party payment processors to bill your payment instrument in advance of receiving your report. Uncuffed reserves the right to change its prices at any time.
If you dispute any charges, you must let Uncuffed know within sixty (60) days after the date that Uncuffed invoices you. All amounts paid are non-refundable. Except when required by law, Uncuffed is under no obligation to issue refunds under any circumstances. In the event that Uncuffed determines that you are entitled to a refund, such refund shall be made using the payment method originally used by you to make your purchase.
At its sole discretion, Uncuffed provides verified unemployed individuals the right to defer payment for any standard reports during their unemployed period. To initiate this free service, you are obligated to notify Uncuffed at the beginning and end of your unemployed term. Once employed, the service will automatically bill you for any reports received during the term, and you authorize Uncuffed or its third-party payment processors to bill your payment instrument.
The Website may contain links to third-party websites, which are provided as additional resources for the convenience of users. Uncuffed does not endorse, sponsor or accept any responsibility for these third-party websites. You agree to direct any concerns relating to these third-party websites to the relevant website administrator.
Uncuffed may terminate your access to the Website at any time for any reason. You may cancel or terminate your account, associated email address and/or access to our service by submitting a cancellation or termination request to email@example.com.
Uncuffed reserves the right to change, update or discontinue any aspect of the Website at any time without notice. Your continued use of the Website after any such change constitutes your continuing agreement to this TOS.
Uncuffed reserves the right to amend this TOS at any time without notice. Your continued use of the Website after any such change constitutes your agreement to this TOS, as amended.
If any users send us any feedback or suggestions regarding the Uncuffed service, you grant Uncuffed an unlimited, irrevocable, perpetual, free license to use any such feedback or suggestions for any purpose without any obligation to you.
The Website and service may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, or because of other causes beyond our reasonable control, but Uncuffed shall use reasonable efforts to provide advance notice of any material scheduled service disruption. Uncuffed does not guarantee that the Website will be free from infection or that the Website will be available at any particular time or location. Uncuffed does not guarantee that any transmissions of your data between its third-party vendors and hosting partners will be encrypted. Accordingly, you acknowledge that Uncuffed will have no liability to you for any unauthorized access or use of any of your data, or any corruption, deletion or destruction or loss of your data.
You expressly agree that your use of the Website and Uncuffed services is at your sole risk. Uncuffed does not make any warranties, express or implied, including, without limitation, those of merchantability and fitness for a particular purpose, with respect to thE Website. In no event will Uncuffed by liable for: (a) damages of any kind, including without limitation, direct, incidental or consequential damages (including, but not limited to, damages for lost profits, business interruption and loss of programs or information) arising out of the use of or inability to use thE Website, or any information provided on thE Website, or (b) any claim attributable to errors, omissions or other inaccuracies in the information provided on thE Website. No advice and/or information, despite whether written or oral, that may be obtained by you from Uncuffed or by way of or from our services shall create any warranty.
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
In addition, for this particular type of information, the phrase “Let the investor beware” is appropriate. Uncuffed’s content is provided primarily for employment-related informational purposes, and no content is intended for trading or investing purposes. Uncuffed shall not be liable for any trading and/or investment decisions based on any such information.
Any provision in any written communication received by Uncuffed in connection with the Website which is inconsistent with, or adds to, this TOS is void. If any term hereunder is determined by a court of competent jurisdiction to be invalid, all remaining terms will remain in full force and effect.
This TOS and the resolution of any dispute arising hereunder shall all be governed and construed in accordance with the laws of the state of New York, without regard to its conflicts of law principles. You consent to the jurisdiction of the courts of the state of New York.
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered under the Commercial Arbitration Rules of the American Arbitration Association in effect on the date of the commencement of arbitration, rather than in court, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The place of arbitration shall be the state of New York and county of Kings. The language of the arbitration shall be English. There shall be one arbitrator. Each party shall bear its own costs in the arbitration.
Our user’s right to privacy is of utmost importance to Uncuffed, as our service is intended to help you understand and vet a potential employer. When you create an account on the Website, Uncuffed will ask you to provide your email and your personal password. If you choose to purchase an Uncuffed report, we will ask you for your name, phone number, billing address and payment instrument, in addition to the previously provided information. At your discretion, you can provide your job title, desired prospective employer or company, industry and education details, as part of your extended profile. Uncuffed will only share your personally identifiable information with payment processing providers or any other service provider that helps us with our business activities.
When you use our service, we collect and aggregate non-personally identifiable information, such as which pages were visited, the order in which they were visited and which links were clicked. The non-personally identifiable information we collect helps us identify how our Website is used and allows us to improve upon the experience. In addition, Uncuffed reserves the right to share aggregate information collected from its users, without prior notice, with entities that are unrelated third parties. Aggregate information is used in a collective manner and no single person can be identified by such compiled information.
Uncuffed reserves the right to disclose information submitted by or concerning you that we reasonably feel is necessary to protect our systems or business. We may also disclose your personally identifiable information as required by law, such as to comply with a subpoena or other legal process, when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request. We cooperate with law enforcement agencies in identifying those who may be using our services for illegal activities. We also reserve the right to report any suspected illegal activity to law enforcement for investigation or prosecution, or to suspend or terminate your use of our services in connection with any suspected illegal or infringing activity or if you are in violation of our Terms of Service Agreement.
By creating an account, you can opt-in to receive an occasional email from Uncuffed. Our communications may include:
- Notification of a report’s availability;
- Help to complete a transaction or provide customer support to you;
- Information regarding our services and potential changes to our services;
- Statistical information and studies;
- Conduct product and market research;
- To enforce our terms of service;
- To allow you to purchase products, access services, or engage in activities that you choose; and
- To allow us to contact you by phone, email and/or social media.
Technologies such as cookies, tags and scripts can be used by Uncuffed and our analytical partners to analyze trends, administer the site, track your movements around the Website and gather information about our visitors.
When you provide sensitive information such as your payment instrument, our payment processing partners follow generally accepted standards to protect the information submitted to us. No credit card information is stored on Uncuffed. No method of transmission over the internet or method of electronic storage, is 100% secure, therefore, we cannot guarantee that information may not be accessed, disclosed, altered or destroyed by breach of any of our physical, technical or managerial safeguards. It is your responsibility to protect the security of your account by using a strong password.