Availability of Websites
We use our best efforts to maintain, update, and improve the Websites. As a result, We allow You to access our Services as are available on any given day and We have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend, or discontinue our Website, partially or entirely, at any time, in our sole discretion and without notice to You. We further reserve the right in our sole discretion, to withhold, remove, or discard any content available as part of your account, with or without notice, for any reason.
Use of the Services
There are several ways Users can use or access the Services. A job seeker may use the Services to conduct a job search. A job seeker may also choose to register with the Services in order to save his or her job search history or sign up for job alerts. An employer may use the Services to sponsor a job listing. Regardless of whether You are a job seeker or an employer, when You view, send, store or receive materials (including job listings) through or using the Services, LinkUp may, for example, use such materials for data analysis, quality control, or to refine the Services (including to provide better search results and other listings for job seekers and employers), whether via automated means or otherwise.
Third Party Content On LinkUp Sites
LinkUp may make available certain content from third parties (“Content”), including job listings that link to third-party websites, through LinkUp search results or otherwise through the Services. These links are provided for your convenience and do not signify that We endorse such third party websites. Job listings are created and provided by third parties over whom LinkUp exercises no control. Because We do not control such Content, You understand and agree that: (1) We are not responsible for, and do not endorse, any such Content, including advertising and information about third-party products and services, job listings, or the employer, interview, and salary-related information in such Content; (2) We make no representation, warranty, or guarantee, and expressly disclaims all liability regarding the accuracy, completeness, availability, currency, suitability, reliability or quality of the information in such Content; (3) We assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by third parties; and (4) if you access such third party websites, You do so entirely at your own risk. When You leave the Services, our terms and policies do not govern your use of third-party websites. LinkUp does not have any obligation to screen any Content, or to include any job listing in its search results or other listings, and may exclude or remove any Content from the Services for any or no reason.
Security of Your Account
LinkUp may suspend or terminate your account and/or your access to the Services at any time without notice to You, if We believe You have violated the terms of this Agreement. LinkUp shall have no liability to You for any termination or suspension of your access to the Services.
General Rules for Use of Services
In connection with using the LinkUp Services, You represent, warrant, and agree that You shall:
- comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
- provide true and accurate information to us and update it as necessary;
- only access the Services if You are age 14 or older;
- not use the Services for reasons that compete with LinkUp;
- not violate any rights of LinkUp, including intellectual property rights; and
- use the Services in an honest, respectful, and professional manner.
In connection with using the LinkUp Services, you shall not:
- use or access the Services for any fraudulent or unlawful purpose;
- copy, distribute, or disclose any part of the Services in any medium;
- use manual or automated software, devices, scripts, robots, or other means or processes to access, "scrape," "crawl" or "spider" our Services;
- transmit spam, chain letters, or other unsolicited communications;
- engage in "framing," "mirroring," or otherwise simulating the appearance or function of our Services;
- transmit or upload any virus, worm, Trojan horse, time bomb, spyware, or other harmful computer code, file, or program through the Services;
- attempt to interfere with, compromise the system integrity or security, or decipher any transmissions from the servers running the Services;
- take any action that imposes, or may impose at LinkUp’s sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- collect or harvest any personally identifiable information through the Services;
- misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity;
- interfere with the proper working of the Services;
- access any content on the Services through any technology or means other than those provided or authorized by the Services;
- bypass the measures LinkUp may use to prevent or restrict access to the Services, including without limitation, features that prevent or restrict use or copying of any content or any security components included in or underlying the Services;
- disclose or share login credentials;
- reverse engineer or decompile any parts of the Services or Content offered by LinkUp;
- post or submit any inaccurate, incomplete, or false biographical information or another person’s information;
- post or submit any material that is unlawful, illegal, defamatory, offensive, discriminatory, threatening, or obscene, as determined by LinkUp;
- utilize information, content, or any data (including data on availability, performance, or functionality of LinkUp’s Services) you obtain from our Services for any competitive purpose, as determined in our sole discretion;
- adapt, modify, or create derivative works based on our Services or the underlying technology, in whole or part;
- rent, lease, loan, trade or sell/re-sell access to our Services, in whole or part; or
- remove, obscure, or modify any copyright, trademark, or other proprietary rights notice contained in or on our Services.
Removal of Content
While LinkUp has no obligation to do so, LinkUp reserves the right to review and delete any Content (or portion thereof) that We believe, in our sole discretion, violates these Terms or other applicable policies, or that We deem, in our sole discretion, inappropriate.
No Professional Advice
None of the Services, materials, Content, data, or information available on or through our Websites constitutes employment, career, financial, legal, or other professional advice.
LinkUp does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register to use the Services. No one under age 13 is allowed to provide any personal information to LinkUp or on the Websites. In the event that We learn that We have collected personal information from a child under age 13, LinkUp will delete that information as quickly as possible.
Compliance with Applicable Laws
You are responsible for ensuring that your use of LinkUp’s Services complies with all applicable laws. LINKUP IS NOT LIABLE OR RESPONSIBLE FOR ANY OF YOUR ACTS OR OMISSIONS IN USING THE SERVICES IN WAYS THAT DO NOT COMPLY WITH APPLICABLE LAW.
LinkUp Intellectual Property
LinkUp owns and retains all proprietary and intellectual property rights in the Services We provide. LinkUp ® is a registered trademark of JobDig, Inc. You are not permitted to use our trademark or logo without our prior written consent. All rights, including copyright, trade secret, patent, and trademark law, in all material and content stored, displayed, and accessible through the Services is either owned by LinkUp or duly licensed from third parties. All such intellectual property rights are reserved.
Disclaimer and Limitation of Liability
By using the LinkUp Services, or the information, data, or materials provided on our websites, You acknowledge and agree to this disclaimer. While LinkUp endeavors to provide reliable information, services, and content, the Services from LinkUp are provided on an "as-is," and "as available" basis and may include errors, omissions, or other incaccuracies. LINKUP SPECIFICALLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, ACCURACY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE DUE TO COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. LinkUp makes no warranty that: (1) LinkUp Services will meet your requirements; (2) LinkUp Services will be available on an uninterrupted, timely, secure, or error-free basis; or (3) the search results that may be obtained from the use of LinkUp Services are accurate or reliable. You also acknowledge and agree that the operation of the Websites are dependent upon the proper and effective functioning of the internet and other third party equipment and services, and We do not guarantee and will not be liable for these in any way.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LINKUP BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, INDIRECT OR PUNITIVE DAMAGES, OR FOR “LOST PROFITS” EVEN IF ADVISED OF THE POSSIBILITY THEREOF, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING WITHOUT LIMITATION, TORT, CONTRACT, NEGLIGENCE, OR STRICT LIABILITY). IF YOU ARE DISSATISFIED OR HARMED BY US, YOU MAY DELETE YOUR ACCOUNT AND CEASE USE OF THE SERVICES, AND SUCH DELETIONS AND CESSATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. LINKUP’S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OR DAMAGE RESULTING FROM ANY CLAIMS, DEMAINDS, OR ACTIONS ARISING OUT OF OR RELATING TO THE WEBSITES AND SERVICES OR THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO DISSATISFACTION WITH ANY OF OUR SERVICES, REGARDLESS OF THE LEGAL THEORY, SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
You agree to defend, indemnify, and hold harmless LinkUp and its officers, directors, board members, board advisors, employees, partners, agents, successors, and assigns from and against any loss, liability, claim, injury, damage, demand, or expense (including reasonable attorneys' fees and costs) relating to or arising from your breach of any provision of this Agreement, or your use of the Services.
Governing Law and Venue
This Agreement will be governed by and interpreted in accordance with the laws of the State of Minnesota, without regard to its principles regarding conflicts of law, and without regard to the United Nations Convention on the International Sale of Goods. Any claim You might have against LinkUp must be brought within two (2) years after the cause of action arises, or such claim or cause of action is barred. Any legal action or proceeding arising under this Agreement shall be brought in the State or Federal courts located in Hennepin County, Minnesota, and You irrevocably waive any objection that You may have at any time to object that such court does not have jurisdiction over You.
You acknowledge and agree that any breach of this Agreement, threatened or actual, will cause irreparable injury to LinkUp, such injury would not be quantifiable in monetary damages, and LinkUp would not have an adequate remedy at law. LinkUp shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this Agreement. Accordingly, You hereby waive any requirement that LinkUp post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to LinkUp to enforce any provision of this Agreement. This Agreement is personal to You and You may not assign your rights or obligations to any other person or entity without LinkUp’s prior written consent. Any attempt by You to assign your rights or obligations under this Agreement without our permission shall be void. Failure by LinkUp to insist on strict performance of any of the terms and conditions herein will not operate as a waiver by LinkUp of that or any subsequent default or failure of performance. If any provision (or part thereof) contained in this Agreement is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein, and the illegal, invalid, or unenforceable clause shall be modified to comply with applicable law in a manner that most closely matches the intent of the original language. No joint venture, partnership, employment, or agency relationship exists between You and LinkUp as a result of this Agreement or your use of the Services. This Agreement represents the entire agreement between You and LinkUp and supersedes all prior understandings, statements, or representations.