BY REGISTERING WITH KENTUCKY TELEWORKS dba TELEWORKS USA, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT
By accessing the Site or otherwise using the Services, you acknowledge that you have read and agree to be bound by this Agreement. If you do not agree with any of the terms of this Agreement, you do not have permission to access the Site or use the Services.
In addition, you may also be asked to enter into additional agreements before being permitted to access certain of the Services. Those additional agreements are made a part of this Agreement and will govern your use of the Services covered by the additional agreements. In the event of a conflict between the terms of this Agreement and those additional agreements, the terms of the additional agreements shall govern.
Teleworks USA reserves the right, in its sole discretion, to modify this Agreement at any time by posting a modified version of this Agreement to the Site. You agree to be bound by the modified Agreement through your continued access to the Site or use of the Services.
- Registration. In order to access any Services, you will be asked to submit certain information about yourself ("Registration Information"). You represent and warrant that all Registration Information you have provided is true, accurate, current and complete.
- Membership Fees:
- Jobseeker Membership – Is provided free of charge for all available Services. Access to certain levels of service may be restricted should you elect not to complete your profile, including the resume section.
- Employer Annual Membership and Site Utilization – In order for an Employer to access the entire Site and all Services for a specified period of time, the company must purchase an Annual Membership at the fee posted on the Site at the time the company registers. Further, employers who wish to take full advantage of the site and services must also agree to the Monthly Site Utilization Fee as posted on the site at the time you register. Teleworks USA reserves the right to change the fee for Annual Membership and/or Site Utilization, at any time at its sole discretion, by posting the new fee on the Site.
- Workforce Development Organization (“Provider Agency”) Annual Membership – In order for a “Workforce Development Organization” (or “Provider Agency”) to access the entire Site and all Services for a specified period of time, the company must purchase an Annual Membership for the fee quoted by Teleworks USA at the time the Provider Agency registration is approved. Teleworks USA reserves the right to change the fee for Annual Membership at any time at its sole discretion, by informing the Provider Agency of the change which will occur at the next anniversary date for that agency.
- Email Communication. You must provide your electronic mail ("email") address when registering to access any Service. We may use your email address, when necessary, to communicate with you regarding the administration of the Site. Occasionally, you may receive newsletters and updates with information that we deem to be of interest to the members of Teleworks USA. If you do not want to receive newsletters and updates, you may opt out of those Services by clicking on the "unsubscribe" link on newsletters and updates.
- Use of the Site and the Services – Permissions and Restrictions. You may access and use the Site and the Services only for lawful purposes and solely in accordance with the terms of this Agreement. Teleworks USA reserves the right to discontinue any aspect of the Teleworks USA Site or Services at any time and without notice. All rights not expressly granted to you under this Agreement are reserved by Teleworks USA and its licensors.
You will not:
You will not:
- License, sublicense, rent, lease, loan, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Site or Services; or
- Modify or make derivative works based upon the Site or Services; or
- Reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code or method of operation of the Site or Services, or authorize any third party to do so; or
- Access or make use of the Services and Site by scripts or automated services; or
- Impersonate any person or use a name that you are not authorized to use; or
- Compromise, violate, or impair system or network operation or security.
- Ownership of Intellectual Property. Teleworks USA and its licensors own all rights, title and interest in and to the Site and Services, including, without limitation, any Results (defined below) and any Intellectual Property Rights therein and/or related thereto. "Intellectual Property Rights" means all worldwide patent, patent applications, copyrights, trade secrets, trademarks, service marks, trade names and any other intellectual property, proprietary, and database protection rights. The Teleworks USA name and logo are trademarks of Kentucky Teleworks, and no right or license is granted to you herein to use such trademarks.
- Data Collection. Teleworks USA will have the right to utilize data capture, analysis tools, and other similar tools, to review, extract, compile, synthesize, and analyze queries entered by you as well as any non-personally identifiable data or information resulting from your use of the Services ("Results"). To the extent that any Results are collected by Teleworks USA, such Results will be solely owned by Teleworks USA and may be used by Teleworks USA for any lawful business purpose without a duty of accounting to you, provided that the Results are used only in an aggregated form, without specifically identifying the source of the Results.
- Representations and Warranties. You represent, warrant, and covenant for the benefit of Teleworks USA that: (1) you have the legal right and authority to enter into this Agreement, and, if you are accepting this Agreement on behalf of a company or other entity, to bind the company or other entity to the terms of this Agreement; (2) you have the legal right and authority to perform your obligations under this Agreement and to grant the rights and licenses described in this Agreement and in any applicable additional agreement you enter into in connection with any of the Services; and (3) all information you provide to Teleworks USA in connection with this Agreement and your access to the Site and use of the Services is correct and current.
- Indemnification. You will indemnify, defend, and hold harmless Teleworks USA and each of its respective employees, officers, directors, and affiliates ("Indemnified Parties") from any and all claims, losses, liabilities, damages, fees, expenses and costs (including attorneys' fees, court costs, damage awards, and settlement amounts) which result from any claim or allegation against any Indemnified Party arising from: (a) your accessing the Site or use of the Services, including any materials disseminated or transmitted by you and/or your Registrants; (b) your breach of any term of this Agreement; or (c) your negligence or intentional misconduct hereunder. Teleworks USA will provide you with notice of any such claim or allegation, and Teleworks USA will have the right to participate in the defense of any such claim at its expense.
- Disclaimer. THE PARTIES ACKNOWLEDGE THAT THE SERVICES ARE PROVIDED TO YOU STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTIES WHATSOEVER. YOU RECOGNIZE THAT THE CURRENT STATE OF TECHNOLOGY DOES NOT ALLOW FOR ERROR-FREE ACCESS TO THE SITE AND USE OF THE SERVICES, AND INTERRUPTIONS, CRASHES, AND DOWNTIME MAY OCCUR FROM TIME TO TIME. Teleworks USA DOES NOT REPRESENT OR WARRANT THAT: (A) THE USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (B) THE SERVICES WILL MEET CUSTOMERS’ REQUIREMENTS OR EXPECTATIONS; OR (C) ANY RESULTS GENERATED BY USING THE SERVICES WILL BE ACCURATE, UP-TO-DATE, COMPLETE, OR RELIABLE. Teleworks USA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NO ORAL OR WRITTEN INFORMATION GIVEN BY Teleworks USA WILL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. YOU AGREE THAT YOUR ACCESS TO THE SITE AND THE INFORMATION THEREON IS AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LIABILITY OR DAMAGE YOU INCUR THROUGH ACCESS TO THE SITE OR USE OF THE SERVICES.
YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICES PROVIDED BY Teleworks USA IN CONNECTION WITH YOUR MEMBERSHIP SHALL BE TO DISCONTINUE YOUR MEMBERSHIP.
YOUR RECOVERY FOR ANY DAMAGES THAT OCCUR AS A RESULT OF YOUR USE OF SERVICES PROVIDED BY Teleworks USA IN CONNECTION WITH YOUR ANNUAL MEMBERSHIP SHALL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAID FOR YOUR ANNUAL MEMBERSHIP.
- Linked Sites. The Site may contain links to third party sites that are not under the control of Teleworks USA, and Teleworks USA is not responsible for any content on any linked site. If you access a third party site from the Site, then you do so at your own risk. Teleworks USA provides links only as a convenience and the inclusion of the link does not imply that Teleworks USA endorses or accepts any responsibility for the content on those third party sites. You may not frame or otherwise incorporate into another site the content or other materials on the Site without prior written consent.
- Notices. All notices by you under this Agreement must be delivered in writing by courier, by electronic facsimile, or by certified or registered mail (postage prepaid and return receipt requested) to Teleworks USA’s address set forth on the Site, as appropriate. Such notice will be effective upon receipt or three business days after being deposited in the mail, whichever occurs sooner. Teleworks USA may deliver a notice to you by posting of a general notice on the Site, and/or delivering an electronic notice to your site based Inbox. The notice will be in force and effective 48 hours after posting to the Site and/or delivery to your site based Inbox.
- Term, Termination
This Agreement shall be effective for as long as you use access the Site or the Services and Sections 5,6,7,8,9 and 15 shall survive termination or expiration of this Agreement.
Teleworks USA may terminate your Membership without cause, at any time and without notice to you.
Annual Membership shall expire one year from the date you purchased your Annual Membership.
Teleworks USA may terminate your Membership immediately if,
- Based on Teleworks USA’s sole judgment, it determines that you have materially breached this Agreement in any manner, including but not limited to: (1) violating the Permissions and Restrictions set forth in Section 4 of this Agreement; or (2) infringing or violating any intellectual property right of Teleworks USA; or
- Teleworks USA substantially or entirely stops operating the Site or offering the Services.
The termination of your Membership shall terminate your access to any Services for which registration is required. Neither Teleworks USA nor any affiliate of Teleworks USA shall be liable to you or to any third party for termination of your Membership for any reason. If your Membership is terminated for the reasons set forth in this Section, you SHALL NOT receive any refund of any fee paid for your Membership.
- Teleworks USA Refund Policy. The Teleworks USA Refund Policy is also available at https://teleworksusa.com/refund_policy. All Teleworks USA Membership Fees and Site Utilization Fees are non-refundable and final. As an Employer, should you choose to cancel your participation at any time, any automatic, recurring monthly billing for Site Utilization will cease immediately and you will be able to continue to use the site for the remainder of the billing month in which you made the decision. At the end of the month your site membership will be cancelled and you will no longer have access. Any unused job postings and/or resume views will be forfeited at this time as well. As a Provider Agency, you may choose to cancel your participation at any time. No pro-rated refunds will be issued for any unused portions of the Employer Annual Membership Fee, Employer Site Utilization Fee, or Provider Agency Annual Membership Fee.
- General Provisions. This Agreement is the complete and exclusive statement of the Agreement between Teleworks USA and you regarding the Services and supersedes any other agreement or proposal, oral or written (including information on the Site), and any other communications between Teleworks USA and you. This Agreement will be governed by the laws of the Commonwealth of Kentucky without regard to conflicts of law principles. All disputes arising under this Agreement must be brought in state or federal courts located in Kentucky. Each party irrevocably hereby consents to the jurisdiction and venue of any such court in any such action or proceeding. There are no other third party beneficiaries under this Agreement. The waiver of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach. If any provision of this Agreement is deemed unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. You may not assign, delegate, or otherwise transfer this Agreement or any of your rights or obligations under this Agreement without the prior written consent of Teleworks USA. Any such assignment, delegation or transfer in violation of the foregoing will be null and void.