Terms of Service

Effective Date: March 10, 2017

Thank you for visiting Unemployment.guide. The following Terms of Service ("TOS") contain the terms and conditions that govern your use of the web site Unemployment.guide (the Web site). These TOS set forth the agreement between you and Unemployment.guide (collectively, the “Parties”) concerning the respective rights and responsibilities of the Parties arising from your use of the Web site and Services. Your use of the Web site constitutes your acceptance of these TOS.   You may not use the Web site until you review and agree to these TOS.

1. Services
Unemployment.guide offers various Internet-based Services through the Web site (the "Services"). Such Services include but are not limited to service provider company and contact information. Unemployment.guide reserves the right to add or delete any of its Services at any time.  Users who would like to establish a service provider (Site Customer) profile must enter into a separate Site Customer Agreement. Unemployment.guide may, at its option offer a number of other additional Services in the future through its Web site  If additional Services are offered, Unemployment.guide may in its sole discretion adopt additional rules, regulations, or terms of service concerning the additional Services.

2.  License for Services and Web site
Unemployment.guide grants you a personal, non-transferable, limited, revocable license to access and use the Web site and the Services for their intended purposes only, subject to your compliance with these TOS. You may not collect or otherwise use information contained on the Web site for any purpose which is not directly related to your use of the Web site or Services, including, but not limited to any Prohibited Purpose as determined by Unemployment.guide.  Examples of “Prohibited Purposes” as used in this Section include but are not limited to the creation of unauthorized derivative works based on the Web site, making copies of the Web site for purposes other than standard web browser cashing, or use of the information for the purpose of competing with Unemployment.guide. Any use of the Services or the Web site that violates the TOS or the limited license contained herein, may result in the immediate, without prior notice, termination and revocation of the license granted to you.

3. Rules & Policies


3.1 Prohibited Uses
Under the limited license granted in Section 2 above, you may only use the Services as expressly permitted by Unemployment.guide. Prohibited uses include, but are not limited to the following:
1) any use that interferes with a third parties ability to use or enjoy the Services;
2) any use of the Services that threatens, harasses, or intimidates any other User of the Services or any third party;
3) impersonating another individual or entity;
4) any use of spiders, robots, or any other device or process to monitor the activity on or copy pages from the Web site, except in the operation or use of web page search engine functions or hit counters contained on your Site Customer profile;
5) reverse engineering, decompiling, or disassembling any software or other technology used in conjunction with the Web site or the Services;
6) collecting or attempting to collect any electronic information concerning any Users or Viewers of the Services or Web site, such as email addresses or other Personal Information unless such collection is done in conjunction with the legitimate conduct of business;
7) interfering with or disrupting the Web site or Services by using viruses, spyware, or any other programs or technology designed to disrupt or damage any software or hardware;
8)  use of any meta tags, search terms, key terms, or keywords which contain Unemployment.guide's name, trademarks, or the unauthorized use of any name or trademarks of any other person or entity;
9) any use or action that directly or indirectly assists or encourages any third party to engage in the above mentioned prohibited uses or otherwise violate these TOS.


3.2 Privacy Policy
In the course of offering the Services and operating the Web site, Unemployment.guide collects certain Personal Information and Non Personal Information from you. By entering into these TOS, you agree to Unemployment.guide's collection, use, and disclosure of your Personal Information in accordance with Unemployment.guide’s Privacy Policy, which is hereby incorporated by reference.


4. Site Customer Services Rules and License


4.1 Site Customer Services
As part of the Services, Unemployment.guide offers a service to its Site Customers that allows you to upload images, graphics, text, or other content (collectively, "User Supplied Content") to the Web site for use in your Site Customer profile and advertisement (the “Site Customer Services” or “SCS”).


4.2 Delivery of Content
You agree to use the Site Customer Services in accordance with the User Supplied Content Usage Policy.  Unemployment.guide may, in its sole and exclusive discretion, determine whether any Content complies with such policy and is appropriate for use with the SCS.  Unemployment.guide, may in its sole discretion determine that the User Supplied Content does not satisfy the User Supplied Content Usage Policy, and refuse to allow you the use of SCS.


4.3 Licensing User Supplied Content to Unemployment.guide
You hereby grant to Unemployment.guide a royalty-free, worldwide, transferable, nonexclusive, right and license to use such User Supplied Content, in all media existing now or created in the future, as Unemployment.guide deems necessary to allow Unemployment.guide to satisfy its obligations to you because of your use of the SCS.  This license remains in effect for the duration that the content is stored on the Web site Unemployment.guide may sublicense the rights that you grant it in this Section to a third party subcontractor only for purposes of providing the Services to you. You retain any and all rights in and to the User Supplied Content including, but not limited to any copyright or trademark rights.


5. Representations and Warranties


5.1 Representations and Warranties of the Parties
The Parties represent and warrant to each other that: (i) they have the full power and authority to enter into and perform under these TOS, (ii) the execution and performance of their obligations under these TOS does not constitute a breach of or conflict with any other agreement or arrangement by which either party is bound, and (iii) these TOS are a legal, valid, and binding obligation of the parties entering into these TOS, enforceable in accordance with their terms and conditions.


5.2 User Representations and Warranties
You represent and warrant to Unemployment.guide that your use of the Services will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity, or any other legal right of any third party and will comply with all applicable laws, rules, and regulations. You further represent and warrant to Unemployment.guide that you are the true owner of the User Supplied Content and that the content is free from any and all liens, encumbrances, or any other restrictions on your right to display or use the content, and that there are, to the best of your knowledge, no pending or threatened claims, demands, or litigation concerning any of the User Supplied Content. Furthermore, you represent to Unemployment.guide that Unemployment.guide will not be required to make any payments such as licensing fees or royalties to any third party in connection with the User Supplied Content.  Lastly, you warrant that the User Supplied Content does not violate Section 3.1 of this TOS.


6.  Warranty Disclaimer
UNEMPLOYMENT.GUIDE PROVIDES THE WEBSITE AND THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. UNEMPLOYMENT.GUIDE DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, THE SERVICES OR THEIR USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS. UNEMPLOYMENT.GUIDE MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION: WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT.


7. Limitations


7.1 EXCLUSION OF DAMAGES
UNEMPLOYMENT.GUIDE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO, OR CONNECTED WITH THE USE OF SERVICES, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


7.2 LIMITATION OF LIABILITY
EXCEPT FOR A BREACH OF A PARTY'S REPRESENTATIONS AND WARRANTIES UNDER THESE TOS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE TOS, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THESE TOS EXCEED THE AMOUNTS PAID, IF ANY, TO THE OTHER DURING THE PREVIOUS SIX MONTHS.


8. Indemnification
You will indemnify and hold Unemployment.guide and its employees, representatives, agents, affiliates, directors, officers, managers, and shareholders (the "Indemnified Parties") harmless from any damage, loss, or expense, including without limitation, attorneys' fees and costs, incurred in connection with any third-party claim, demand, or action (a "Claim") brought against any of the Indemnified Parties alleging that you have breached any of these TOS through any act or omission. If you are required to indemnify Unemployment.guide under this Section, Unemployment.guide will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without Unemployment.guide's prior express written consent.


9. Termination
Unemployment.guide may suspend or terminate your use of the Web site or the Services if it believes, in its sole and absolute discretion, that you have breached a term of these TOS. Notwithstanding Unemployment.guide’s termination of your permission to use the Web site or Services, these TOS will survive indefinitely unless and until Unemployment.guide chooses to terminate them. If you or Unemployment.guide terminates your use of the Web site or the Services, Unemployment.guide may delete any User Supplied Content or other materials relating to your use of the Services on Unemployment.guide's servers or otherwise in its possession and Unemployment.guide will have no liability to you or any third party for doing so.


10. Notice
All notices required or permitted to be given under these TOS will be in writing and delivered to the other party by any of the following methods: (i) U.S. mail, (ii) overnight courier, (iii) electronic mail or (iv) if notice is given by Unemployment.guide, by a posting on the main page of the Web site If you give notice to Unemployment.guide, you must use the following address: 355 S. Teller St. # 200, Lakewood, CO 80226.  If Unemployment.guide provides notice to you, Unemployment.guide will post any such notices on the Unemployment.guide web site  If applicable law requires that a given communication be "in writing," you agree that the posting of notices on the Unemployment.guide web site will satisfy this requirement.


11. Dispute Resolution
Any and all disputes arising out of, relating to or connected with these TOS or your use of any part of the Services or the Web site will be exclusively resolved under confidential binding arbitration held in City and County of Denver, Colorado before and in accordance with the Rules of the American Arbitration Association, by a sole arbitrator applying Colorado law (without regard for conflicts of law principles). The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these TOS will be joined to an arbitration involving any other party subject to these TOS, whether through class arbitration proceedings or otherwise. Any action to enforce an arbitrator's award will be brought in a federal or state court located in the City and County of Denver, Colorado. Each party hereby irrevocably submits to the personal jurisdiction of the Federal and Colorado State courts in the City and County of Denver, Colorado. By entering into these TOS, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claim arising out of, relating to, or connected with these TOS or your use of any part of the Services or the Web site must be asserted individually. Notwithstanding anything to the contrary in this Section, Unemployment.guide may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.

12.  Choice of Law
These TOS, and any other Agreement incorporated by reference in these TOS shall be governed by laws of the State of Colorado, without regard to its conflicts of laws principals.


13. Assignment
The TOS will be binding upon each party hereto and its successors and permitted assigns. These TOS cannot be assignable or transferable by you without the prior written consent of Unemployment.guide.

14.  Entire Agreement
These TOS, all of the policies and other Agreements mentioned in these TOS, which are each hereby incorporated herein by reference, contain the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter.

15.  No Waiver
No failure or delay by a party in exercising any right, power, or privilege under these TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

16. No Partnership or Joint Venture
You and Unemployment.guide are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these TOS.

17. Severability
The invalidity or unenforceability of any provision of these TOS will not affect the validity or enforceability of any other provision of these TOS, all of which will remain in full force and effect.

18. General
18.1  Intellectual Property Rights
All intellectual property rights and all other rights, title, and interest in and to the Services and Web site, except as expressly provided for in the TOS are and shall remain the exclusive property of Unemployment.guide. Such rights include, but are not limited to, any and all trademark rights including rights to the mark Unemployment.guide; all copyrights in and to the Web site, and any proprietary rights used in providing the Service, including, but not limited to computer software and hardware interfaces. You cannot acquire any right, title, or interest in or to the above mentioned rights through your use of the Services or Web site under this TOS or otherwise


18.2  Rights to Submissions and Other Information
By your use of the Services or Web site, you consent and agree that any questions, comments, suggestions, ideas, or any other information whether submitted via email, telephone, US mail, Fax, contest submission, or appearing on any message board or chat group, excluding any User Supplied Content as defined herein (collectively "Submitted Information"), you hereby grant Unemployment.guide permission to use such Submitted Information for marketing and other promotional purposes without any payment to you, including the right to sublicense. Furthermore you agree that Unemployment.guide will have no obligation to keep any Submitted Information confidential. You will not bring a claim and hereby forever waive any and all claims against Unemployment.guide based on “droit moral”, moral rights, or any other legal or equitable theory from Unemployment.guide’s use of the Submitted Information.


18.3 Age
In order to use the Services, you must be of sufficient age that you can lawfully enter into and form contracts under applicable law (generally 18 years of age). If you are under the age of 18, but at least 13 years of age, you may use the Services only under the supervision of a parent or legal guardian who agrees to be bound by these TOS. The Services are not intended for and may not be used by children under the age of 13.


18.4 Monitoring
Unemployment.guide reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Web site If Unemployment.guide determines, in its sole and absolute discretion, that you or another Unemployment.guide User will breach a term or condition of these TOS or that such transaction or communication is inappropriate, Unemployment.guide may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.


18.5 Modification of the Service
Unemployment.guide reserves the right to add, delete and/or modify any of the terms and conditions contained in this TOS, at any time and in its sole discretion, by posting a change notice or a new agreement on the Web site without any further notice to you. For certain changes to the TOS, Unemployment.guide may, at its option, notify you by email at the email address in our then current records. If any modification is unacceptable to you, your only recourse is to discontinue the use of our Web site and Services. Your continued use of the Unemployment.guide Web site following the posting of a change notice or new TOS on the Web site will constitute affirmative and binding acceptance by you of the changes.


18.6 Third-Party Services
Unemployment.guide may, in its absolute discretion use third parties to provide certain Services.  These third party independent contractors and vendors and are not related to Unemployment.guide and Unemployment.guide does not exercise any control or supervision over such contractors and vendors or the Services that they provide. You agree that Unemployment.guide will not be liable to you in any way for the use of such third party Services. These third parties may have their own terms of use and other policies which govern their Services. Buy utilizing these Services you agree comply with such terms and policies.  In the event of a conflict between Unemployment.guide’s and a third party’s TOS, rules or policies, Unemployment.guide’s TOS, rules, or policies shall govern.


18.7 Compliance with TOS and Applicable Law
You must comply with all of the terms and conditions of these TOS, the applicable agreements and policies referred to above, and all applicable laws, regulations, and rules when you use the Services and the Web site