Going My Way, LLC Terms of Use for
IJustHeard.com
(Effective as of April 1, 2024)
Welcome to the Going My Way, LLC’s (the “Company”) Terms of
Use agreement. For purposes of this agreement, “Site” refers to the Company’s
website, which can be accessed at https://ijustheard.com. “Service” refers to the Company’s services accessed via the
Site, including but not limited to:
·
Listing,
viewing, and signing up for networking events;
·
Listing,
viewing, and signing up for professional and continuing education;
·
Listing,
viewing, and responding to offers for professional, personal, and other
services;
·
Posting,
viewing, and responding to job and gig listings; and
·
Making, reading,
and responding to posts.
The terms “we,” “us,”
and “our” refer to the Company. “You” refers to you, as a user of our Site or
our Service.
The following Terms of Use apply when you view or use the
Service via our website located at https://ijustheard.com
Please review the following terms carefully. By accessing or
using the Service, you signify your agreement to these Terms of Use. If you do not agree to be bound by these
Terms of Use in their entirety, you may not access or use the Service.
PRIVACY
POLICY
The Company respects the privacy of its Service users. Please refer to the Company’s Privacy Policy which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to the Privacy Policy as well as these Terms of Use.
ABOUT THE SERVICE
The Service allows users to post
listings for networking events, continuing education classes, services, and
jobs (collectively, “Listings”); view Listings posted by other users, and
respond to other users by signing up for events or classes, applying to jobs,
and requesting services. Except as
specifically stated in Listings, the Company does not offer, conduct,
supervise, endorse, or guarantee any Listings, and none are offers by the
Company. All Listings are the responsibility of the user that made the Listing.
REGISTRATION;
RULES FOR USER CONDUCT AND USE OF THE SERVICE
You need to be at least 21 years old to register for and use
the Service.
If you are a user who signs up
for the Service, you will create a personalized account which includes a unique
username and a password to access the Service and to receive messages from the
Company. You agree to notify us immediately of any unauthorized use of your
password and/or account. The Company will not be responsible for any
liabilities, losses, or damages arising out of the unauthorized use of your username,
password and/or account.
We grant you permission to use
and access the Service, subject to the following express conditions surrounding
your use of the Service and your submission and use of User Information. You
agree that failure to adhere to any of these conditions constitutes a material
breach of these Terms.
USE
RESTRICTIONS
Your permission to use the Site is conditioned upon the
following use, posting and conduct
restrictions:
You agree that you will not
under any circumstances:
·
access the Service for any reason other than your personal, use
solely as permitted by the normal functionality of the Service;
·
collect or harvest any personal data of any user of the Site or
the Service without the express written authorization of the Company;
·
use the Site or the Service for the solicitation of business in
the course of trade or in connection with a commercial enterprise except by
posting Listings as authorized by the Company;
·
distribute
any part or parts of the Site or the Service without our explicit written permission
(we grant the operators of public search engines permission to use spiders to
copy materials from the site for the sole purpose of creating
publicly-available searchable indices but retain the right to revoke this
permission at any time on a general or specific basis);
·
use the
Service for any unlawful purpose or for the promotion of illegal activities;
·
attempt to,
or harass, abuse or harm another person or group;
·
use another
user’s account without permission;
·
intentionally
allow another person to access your account;
·
provide
false or inaccurate information when registering an account;
·
interfere or
attempt to interfere with the proper functioning of the Service;
·
make any
automated use of the Site, the Service or the related systems, or take any
action that we deem to impose or to potentially impose an unreasonable or
disproportionately large load on our servers or network infrastructure;
·
bypass any
robot exclusion headers or other measures we take to restrict access to the
Service, or use any software, technology, or device to scrape, spider, or crawl
the Service or harvest or manipulate data;
·
circumvent,
disable or otherwise interfere with any security-related features of the
Service or features that prevent or restrict use or copying of content, or
enforce limitations on use of the Service or the content accessible via the
Service; or
·
publish or
link to malicious content of any sort, including that intended to damage or
disrupt another user’s browser or computer.
POSTING AND CONDUCT
RESTRICTIONS
When you create your own personalized account, you may be required
to provide details regarding your business, professional certifications, or
other information (“User Information”) to the Service. You are solely
responsible for the User Information that you post, upload, link to or
otherwise make available via the Service.
You understand and agree that User Information and any Listings you post
are only to include relevant information as requested by the Service and are
not to include any other material or content, including without restriction:
·
You are
solely responsible for your account and the activity that occurs while signed
in to or while using your account, including the uploading or modification of
User Information and/or any Listings;
·
Material or
information that is malicious, libelous, false or inaccurate;
·
Material or
information that is abusive, threatening,
obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise
objectionable and offensive; or
·
Material or information
that is copyrighted or subject to third party proprietary rights, including
privacy, confidentiality obligations, publicity, trade secret, or others,
unless you are the owner of such rights or have the appropriate permission from
their rightful owner to specifically submit such content;
By transmitting and submitting any User Information or
Listing while using the Service, you further acknowledge and agree as follows:
·
You retain
all ownership rights in your User Information and Listings but you are required
to grant the following rights to the Site and to users of the Service as set
forth more fully under the “License Grant” and “Intellectual Property”
provisions below: When you upload or post User Information or a Listing to the
Site or the Service, you grant to the Site a worldwide, non-exclusive,
royalty-free, transferable license to use, reproduce, distribute, prepare
derivative works of, display, and perform that User Information and/or Listing
in connection with the provision of the Service; and you grant to each user of
the Service, a worldwide, non-exclusive, royalty-free license to access your
User Information and Listing through the Service, and to use, reproduce,
distribute, prepare derivative works of, display and perform such User
Information and Listing to the extent permitted by the Service and under these
Terms of Use; and
·
You hereby
agree that we have the right to determine whether your User Information and
Listing submissions are appropriate and comply with these Terms of Service,
remove any and/or all of your submissions, and terminate your account with or
without prior notice;
·
You accept full
and complete liability for any inaccuracies, deliberate or otherwise, in any
User Information and/or Listing you post, including those of Company to users
and other third parties or created by other users acting upon such inaccurate
User Information or Listing;
·
You hereby agree
that we are only acting as a passive conduit for your online distribution and
publication of your User Information and Listings. The Company, however,
reserves the right to remove any User Information and Listings from the Service
at its sole discretion; and
·
The Company
does not, and cannot, pre-screen or monitor User Information or Listings.
However, at our discretion, we, or technology we employ, may monitor and/or
record your interactions with the Service or with other Users.
You understand and agree that
any liability, loss or damage that occurs as a result of the use of any User Information
and/or Listing that you make available or access through your use of the
Service is solely your responsibility. The Site is not responsible for any
public display or misuse of your User Information and/or Listing. You
understand, acknowledge, and agree that part of the purpose of the Service is
the disclosure of your User Information and Listings to other Users and
specifically grant the Company permission to do so as provided in these Terms
and the Privacy Policy
ONLINE CONTENT DISCLAIMER
Listings, opinions, advice, statements, offers, or other
information or content made available through the Service, but not directly by
the Company, are those of their respective authors and users, and should not
necessarily be relied upon. Such authors are solely responsible for such
content. The Company specifically
disclaims, and you acknowledge that Company is not responsible for, Information
submitted by other Users and shared with or provided to you as part of the
operation of the Service.
We do not guarantee the
accuracy, completeness, or usefulness of any information on the Site or the
Service, including in any Listings, nor do we adopt nor endorse, nor are we
responsible for, the accuracy or reliability of any opinion, advice, or
statement made by other parties, including contained in Listings. We take no
responsibility and assume no liability for any User Information that you, any other
User or any third party posts or sends via the Service. We take no
responsibility and assume no liability for any Listings that you, any other
User or any third party posts or sends via the Service Under no circumstances
will we be responsible for any loss or damage resulting from anyone’s reliance
on information, Listing, or other content posted on the Service, or transmitted
to users.
Though we strive to enforce these Terms of Use,
you may be exposed to User Information that is inaccurate or objectionable when
you use or access the Site or the Service. We reserve the right, but have no
obligation, to monitor the materials posted in the public areas of the Site or
the Service or to limit or deny a user’s access to the Service or take other
appropriate action if a user violates these Terms of Use or engages in any
activity that violates the rights of any person or entity or which we deem unlawful,
offensive, abusive, harmful or malicious. E-mails sent between you and other
participants that are not readily accessible to the general public will be
treated by us as private to the extent required by applicable law. The Company
shall have the right to remove any material that in its sole opinion violates,
or is alleged to violate, the law or this agreement or which might be
offensive, or that might violate the rights, harm, or threaten the safety of
users or others. Unauthorized use may result in criminal and/or civil
prosecution under Federal, State and local law. If you become aware of a misuse
of our Service or violation of these Terms of Use, please contact us at
info@iJustHeard.com.
LISTINGS
You are solely responsible for all
Listings you make and all content therein.
All Listings must comply with all federal, state, and local laws and
regulations, including, without restriction, advertising laws, non-discrimination
laws, fairness-in-hiring laws, applicable labor laws, and transparency
laws. You agree that you will not post
any:
·
Job Listings without a reasonable and legitimate intent to hire for a
bona fide job opportunity or the specific position listed.
·
Listings that intentionally misrepresent the job, training, service, event,
company, or poster.
·
Job Listings that do not clearly disclose that a position is for an
independent contractor or is part-time, piecework, commission-based, or has
otherwise nontraditional working conditions or compensation may constitute
intentional misrepresentation.
·
Job Listings without possessing valid Federal or State Employer
Identification Numbers, if applicable.
·
Job Listings that require applicants to pay for employment or otherwise
bear costs related to employment in violation of applicable law.
·
Job Listings advertise employment positions, or otherwise engage in
recruitment or hiring practices that would be a violation of the law in your
state or locality, the state or locality where the job is to be performed, or
the state of New Jersey.
·
Job Listings for positions located outside of the United States of
America.
·
Job Listings that violate any applicable laws or regulations related to
the prohibition of employment discrimination, or that violate applicable laws
governing legal eligibility to work.
·
Service Listings for any service that would be a violation of the law
in your state or locality, the state or locality where the job is to be
performed, or the state of New Jersey.
LINKS TO OTHER SITES AND/OR MATERIALS
As part of the Service, we may provide you with convenient
links to third party website(s) (“Third Party Sites”) as well as Listings, content,
or items belonging to or originating from third parties (the “Third Party
Applications, Software or Content”). These links are provided as a courtesy to
Service subscribers. We have no control over Third Party Sites or Third Party
Applications, Software or Content or the promotions, materials, information, goods
or services available on these Third Party Sites or Third Party Applications,
Software or Content. Such Third Party Sites and Third Party Applications,
Software or Content are not investigated, monitored or checked for accuracy,
appropriateness, or completeness, and we are not responsible for any Third
Party Sites accessed through the Site or any Third Party Applications, Software
or Content posted on, available through or installed from the Site, including
the content, accuracy, offensiveness, opinions, reliability, privacy practices
or other policies of or contained in the Third Party Sites or the Third Party
Applications, Software or Content. Inclusion of, linking to or permitting the
use or installation of any Third Party Site or any Third Party Applications,
Software or Content does not imply our approval or endorsement. If you decide
to leave the Site and access the Third Party Sites or to use or install any
Third Party Applications, Software or Content, you do so at your own risk and
you should be aware that our terms and policies, including these Terms of Use,
no longer govern. You should review the applicable terms and policies,
including privacy and data gathering practices, of any Third Party Site to
which you navigate from the Site or relating to any applications you use or
install from the Third Party Site.
LICENSE GRANT
By posting any User Information via the Service, you
expressly grant, and you represent and warrant that you have a right to grant,
to the Company a royalty-free, sublicensable, transferable, perpetual,
irrevocable, non-exclusive, worldwide license to use, reproduce, modify,
publish, list information regarding, edit, translate, distribute, publicly
perform, publicly display, and make derivative works of all such User Information
and your name, voice, and/or likeness as contained in your User Information, if
applicable, in whole or in part, and in any form, media or technology, whether
now known or hereafter developed, for use in connection with the Service.
INTELLECTUAL
PROPERTY
You acknowledge and agree that we and our licensors retain
ownership of all intellectual property rights of any kind related to the
Service, including applicable copyrights, trademarks and other proprietary
rights. Other product and company names that are mentioned on the Service may
be trademarks of their respective owners. We reserve all rights that are not
expressly granted to you under these Terms of Use.