Last Modified: February 7, 2020
The Company Apps are offered and available to users who are 18 years of age or older. By using the Company Apps, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Company Apps.
The Role of the Company Apps
The Company Apps are intended to provide resources and guidance for people searching for opportunities in the job market. The Company Apps are intended to provide a unique platform to job seekers that will help them find a career that fits their lifestyle. However, it is important to understand that the Company does not guarantee your success in a career. The Company accepts no responsibility for the results obtained in one’s job search. We are the conduit between you and already existing job sites and resources in the job market.
The Company Apps act as a search engine that provides users with comparisons of job listings (“Listings”) from many different job listing websites and mobile apps. The Company does not directly control any of the Listings that you can access through the Company Apps. The Listings are owned, controlled or made available by third parties. Transactional activities with Listers often take place solely on the platforms of the Listers from links provided in the Company Apps. The Lister’s terms and privacy policies apply to the Listings, so you must agree to, and understand those terms. Your interaction with any Lister accessed through the Company Apps are at your own risk, and Company does not have any responsibility should anything go wrong with your interaction with a Listing or Lister. The Company hosts content, including Listings, images and other information, made available by or obtained from Listers, as well as content provided by users, such as comments, ratings and other information.
Accessing the Company Apps and Account Security
We reserve the right to withdraw or amend the Company Apps, and any service or material we provide on the Company Apps, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Company Apps are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Company Apps, or the entire Company Apps, to users, including registered users.
You are responsible for both:
· Making all arrangements necessary for you to have access to the Company Apps.
To access the Company Apps or some of the resources they offers, you may be asked to provide certain registration details or other information. As an example, certain Company Apps provide links for a job applicant to other websites and tools to upload resumes. Utilizing the Company Apps may require you to register with a Company App by providing your name and email address, registering by logging in to Facebook or other third-party social media applications or registering through a Google account. By doing so, You create Your user id and password. This can be used by You at any time as long as Your account is active/up to date. During any time, the user can modify or change or update the information and resume uploaded on the Company Apps without any prior consent.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Company Apps or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Intellectual Property Rights
The Company Apps and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
· Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
· You may store files that are automatically cached by your Web browser for display enhancement purposes.
· For our desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
· If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
· Modify copies of any materials from this site.
· Use any illustrations, photographs, patents, video or audio sequences, or any graphics separately from the accompanying text.
· Delete or alter any copyright, trademark, patent or other proprietary rights notices from copies of materials from this site.
If you wish to make any use of material on the Company Apps other than that set out in this section, please address your request to: firstname.lastname@example.org.
Ownership of Listings
Although the Company Apps and Company enable access to third-party listings (“Listings”) and to interact with the third parties that have created the listings (“Listers”), Company does not own the Listings (unless otherwise indicated) and it is the user’s responsibility to investigate or vet the Listings and Listers, at their sole discretion. The Company is not responsible for any claims associated with the Listings or any other information provided by the Listers on the Company Apps.
Company is not liable for any information created by a Lister that is not in compliance with governmental laws, rules and regulations and Company makes no representation that the Listings have an up-to-date regulatory authorization, license, or certification. The Lister is solely responsible for the Listings discoverable on the Company Apps. The Company shall not be obligated to verify, validate, or collect evidence of any regulatory authorization, license or certification from any Lister whose Listings appear on the Company Apps. You should make whatever investigation you deem necessary or appropriate before pursuing any Listings on the Company Apps.
The Company name, the terms “Jaguar Apps”, Nine2Five”, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Company Apps are the trademarks of their respective owners.
· In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
· For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
· To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
· To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
· To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Company Apps, or which, as determined by us, may harm the Company or users of the Company Apps, or expose them to liability.
Additionally, you agree not to:
· Use the Company Apps in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Company Apps, including their ability to engage in real time activities through the Company Apps.
· Use any robot, spider, or other automatic device, process, or means to access the Company Apps for any purpose, including monitoring or copying any of the material on the Company Apps.
· Use any device, software, or routine that interferes with the proper working of the Company Apps.
· Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
· Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Company Apps, the server on which the Company Apps are stored, or any server, computer, or database connected to the Company Apps.
· Attack the Company Apps via a denial-of-service attack or a distributed denial-of-service attack.
· Otherwise attempt to interfere with the proper working of the Company Apps.
The Services may include features that allow for automatically recurring payments for periodic charges (“Subscription Service”). If you decide to activate a Subscription Service, you authorize Company to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The subscription will continue unless and until you cancel your subscription, or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic subscription fee to your account. We will bill the periodic subscription fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). Company may change the subscription fee for any subsequent subscription period but will provide you advance notice of any increase before it applies. You may cancel a Subscription Service through your settings page in your user profile for the paid feature.
The Company Apps may contain Listings, message boards, chat rooms, personal web pages, video editing and other video tools made available from third parties through in-app purchases, profiles, forums, bulletin boards, tools for uploading resumes and other jobseeker information, and other interactive features (collectively, "Interactive Services") that allow users to post, upload, submit, publish, display, edit videos or transmit to other users or other persons (hereinafter, "post") content or materials, including resumes (collectively, "User Contributions") on or through the Company Apps.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution, including resumes, on the Company Apps, you grant us and our affiliates, employers using our Company Apps and other service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties and other employees of our employers using the Company Apps any such material for any purpose.
You represent and warrant that:
· You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Company Apps.
Monitoring and Enforcement; Termination
We have the right to:
· Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
· Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
· Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Company Apps.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Company Apps. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Company Apps, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
· Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
· Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
· Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
· Deceive any person.
· Promote any illegal activity, or advocate, promote, or assist any unlawful act.
· Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
· Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
· Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
· Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
If you believe that any material on the Company Apps infringes upon any copyright which you own or control, you may file a DMCA Notice of Alleged Infringement with the Company:
Jaguar Apps Inc.
c/o DMCA Compliance
5 Bowling Green Pkwy Suite A 118
Lake Hopatcong NJ 07849
Reliance on Information Posted
The information presented on or through the Company Apps are made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Company Apps, or by anyone who may be informed of any of its contents.
The Company Apps includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Company Apps
We may update the content on the Company Apps from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Company Apps may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Company Apps
Linking to the Company Apps and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
The Company Apps may provide certain social media features that enable you to:
· Link from your own or certain third-party Apps to certain content on the Company Apps.
· Send emails or other communications with certain content, or links to certain content, on the Company Apps.
· Cause limited portions of content on the Company Apps to be displayed or appear to be displayed on your own or certain third-party Apps.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
· Establish a link from any Company Apps that is not owned by you.
· Cause the Company Apps or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
· Link to any part of the Company Apps other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Company Apps
If the Company Apps contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party Apps linked to the Company Apps, you do so entirely at your own risk and subject to the terms and conditions of use for such Apps.
The owner of the Company Apps are based in the State of New Jersey in the United States. Although we provide the Company Apps for use by persons located throughout the world, we make no claims that the Company Apps or any of their content are accessible or appropriate outside of the United States. Access to the Company Apps may not be legal by certain persons or in certain countries. If you access the Company Apps from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Company Apps will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE COMPANY APPS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE COMPANY APPS OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY COMPANY APPS LINKED TO IT.
YOUR USE OF THE COMPANY APPS, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE COMPANY APPS ARE AT YOUR OWN RISK. THE COMPANY APPS, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE COMPANY APPS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE COMPANY APPS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE COMPANY APPS, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE COMPANY APPS WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR COMPANY APPS OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE COMPANY APPS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE COMPANY APPS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE COMPANY APPS, ANY APPS LINKED TO THEM, ANY CONTENT ON THE COMPANY APPS OR SUCH OTHER APPS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE LIMITATION OF LIABILITY SET OUT ABOVE DOES NOT APPLY TO LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
IF, DESPITE THE LABILITY LIMITATIONS ABOVE, IF COMPANY IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF, OR IN ANY WAY CONNECTED WITH, ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN THE LIABILITY OF COMPANY WILL IN NO EVENT EXCEED, IN THE AGGREGATE, ONE-HUNDRED DOLLARS (US$100.00) OR THE EQUIVALENT IN LOCAL CURRENCY.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
This Agreement is governed by and will be construed in accordance with the laws of New Jersey. In the event that a dispute arises between the parties to this Agreement, the parties will try in good faith to settle such disputes first with each other and then mediation conducted by a mediator selected by the parties. If the parties cannot agree on a mediator, each party shall select an initial mediator who shall have the limited roles of working with the other mediator to choose a mediator to hear the substantive dispute. The parties shall bear their own cost of any initial mediator that may be selected and will equally share the costs of the mediator that hears the substantive dispute. Each party will cooperate fully and fairly with the mediator and will attempt to reach a mutually satisfactory compromise to the dispute. If the dispute is not resolved within (30) days after it is referred to the mediator, it will be arbitrated by an arbitrator to be mutually selected, or by an arbitrator selected by the mediator if the parties cannot mutually agree on an arbitrator. Judgment on the arbitration award may be entered in any court that has jurisdiction over the matter. Costs of arbitration, including lawyers’ fees, will be allocated by the arbitrator. Except for the limited case where a party alleges with particularity that the other party’s breach or threatened breach of confidentiality discloses confidential information that shall cause irreparable harm and a temporary restraining order is being sought, it is otherwise a breach of this Agreement to enter arbitration or litigation without prior mediation, and specific performance for such breach shall be mandatory mediation that is available under summary judgment action. Accordingly, in the case where a party alleges the potential for irreparable harm, a court may enter a temporary restraining order, and the parties shall then enter into mediation under the court’s order. In the event litigation does occur then the venue will be in Morris County, NJ.
Limitation on Time to File Claims
Waiver and Severability
Your Comments and Concerns
The Company Apps are operated by:
Jaguar Apps Inc.
5 Bowling Green Pkwy Suite A 118
Lake Hopatcong NJ 07849
All other feedback, comments, requests for technical support, and other communications relating to the Company Apps should be directed to: