These Terms of Use (“Terms of Use”) set forth the terms and conditions upon which Zevix, Inc. d/b/a Zevix, d/b/a Zevix Jobs (“Zevix,” “we, ” “our” or “us”) offers you, our end-users (“End-User(s)”, “Company End-User(s)”, “You,” “you,” “your”), access to Zevix’s proprietary platform (the “Platform”) located at https://www.zevixjobs.com (the “Site”), used here sometimes as Platform and/or Site (“Platform/Site”) and sometimes only as Platform (“Platform”) and sometimes only as Site (“Site”). The Terms of Use include a provision for Dispute Resolution and Arbitration, described below in Section 17. By registering with, accessing or otherwise using the Platform/Site, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not access or use the Platform or the Site. End-Users are (a) any entity/entities or individual(s) seeking employees, contractors, or other similar or business relationship (each, a “Company End-User”) or (b) individuals seeking employment, or contract work, or other similar or business relationship who register with the Platform (each, a “Candidate”).
NOTE: The Platform/Site provided by Zevix are intended for and offered only to users located in the United States of America.
1. You Agree to These Terms by Using the Platform/Site
Your access to, and use of, the Platform/Site is subject to the following Terms of Use and all applicable laws and regulations. By accessing and using the Platform/Site, you accept, without limitation or qualification, these Terms of Use. You further expressly confirm that you are authorized to register, access, and use the Platform and/ or Site. Zevix may, at any time and without notice and for any reason, amend or modify these Terms of Use or impose new conditions at any time without prior notice and for any reason. Such modifications or amendments shall be effective immediately by posting the Terms of Use on the Platform/Site. You may not modify these Terms of Use. Any use of the Platform/Site by You constitutes your unconditional acceptance of any such amendments, modifications, or new conditions. You should periodically visit the Site to review the current Terms of Use.
2. Permitted Use of the Platform/Site; License and Registration; Usage
Use of Platform/Site. You may use the Platform/Site solely for the purpose of learning about and/or purchasing Zevix services or products or accessing or using the functionality provided via the Platform. You understand and agree that any use of the Platform where you access the Platform or Zevix products and services requires that you register for the Platform and that your account is in good standing, including but not limited to the payment of fees.
Limited License. Subject to End-User’s compliance with these Terms, including but not limited to the payment of all applicable fees, Zevix hereby grants you a limited, revocable, personal, nonexclusive, nontransferable license to use the Platform/Site to access Platform/Site, provided that you to keep intact all copyright and other proprietary rights, and not for republication, assignment, sublicense, sale, or other purposes. Except for the licenses and rights expressly granted under these Terms, no licenses or rights are granted by Zevix to End-User hereunder.
User Content. By posting messages, uploading files, inputting data, or engaging in any other form of communication through this service, you are granting Zevix a royalty-free, perpetual, nonexclusive, unrestricted, worldwide license to: use, copy, sublicense, adapt, transmit, publicly perform or display any such communication, and sublicense to third parties the unrestricted right to exercise any of the foregoing granted rights. The foregoing grants shall include the right to exploit any proprietary rights in such communications, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Zevix reserves the rights, and you authorize Zevix to use and assign all information regarding Platform/Site uses by you and all of the information provided by you in a manner consisted with these Terms of Use.
Account Registration. End-User shall register a Zevix account for itself. End-User represents and warrants that (i) End-User has the authorization to register the account; (ii) it will keep its account credentials and passwords confidential; (iii) it shall be responsible for any use of the Platform/Site via End-User’s account; and (iv) it has the right and authorization to provide the End-User Content (as defined below) via the Platform/Site, as applicable.
No Reliance. End-User hereby understands and agrees that any information provided via the Platform/Site is for the purpose of providing the services offered via the Platform/Site, for any other purposes as outlined in the Terms of Service, Privacy Policy as well as other documentation or policies available online, and for any other purposes; End-User understands and agrees that the use of the Platform/Site does not create any guarantee of employment, matches, or other relationship, or any other employment or similar relationship assurances for the End-User, and it does not create any obligation for any of the End-Users to work with, to offer or receive an employment, contract, project, or other position offer, to enter into any type of business relationship, or engage another End-User. End-User understands and agrees that Zevix does not provide any guarantee of matches, and it does not guarantee results. Company End-User understands and agrees that if there is any description of job title(s) or position(s) on the Platform/Site, any description of the job title(s) or position(s) provided on the Platform/Site are only a suggestion, and that the Company End-User should review the suggested description(s) and revise as Company End-User sees fit as it relates to the position title, position requirements, and any other details or information related to the position whether contract, employment, or any other relationship and/or position details or requirements. Company End-User further understands and agrees that it is solely responsible for the content of the description of the position including but not limited to the position title(s), position requirements, and any other information.
Publication and Distribution. End-User shall not (i) copy, modify, reproduce, republish, upload, transmit, or distribute in any way copyrighted material, the Platform/Site, code or software for any purpose; (ii) reverse engineer, decompile, modify, translate, disassemble, break into the Platform/Site, or discover the source code for all or any portion of the Platform/Site; (iii) distribute, disclose, market, rent, lease or otherwise transfer the Platform/Site or copyrighted material to any other person or entity. The End-User may not use, reproduce or distribute the text, graphics, downloads, tools, or any other content of the Platform/Site for any purpose other than in connection with accessing or using the functionality provided via the Platform/ Site in accordance with these Terms of Use. The End-User understands and agrees to not use materials, products, or services in violation of any law. The use of this Platform/Site is at the discretion of Zevix, and Zevix may terminate the use of this Platform/Site and services at any time with or without notice and for any reason.
Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Platform/Site. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
3. Recurrent/Recurring Charges, Auto-Renewal and Auto-Payment, Subscription Tiers, Payment Authorization, Cancellation
Recurrent/Recurring Charges. By using the Platform or the Site, each Company End-User agrees to a nonrefundable subscription monthly fee or fees that allows the Company End-User to post job(s). Company End-User understands and agrees that monthly fees are disclosed on the Platform/Site and are subject to change at any time and without notice. The subscription will continue until the Company End-User cancels the monthly subscription as described below, or Zevix terminates the Company End-User’s use of the Platform/Site or cancels the Company End-User’s subscription. Company End-User understands and agrees (i) to be automatically charged and to an automatic debit or processing payment due on the renewal date consistent with a one-month period of 30 (thirty)-calendar days, and (ii) to be automatically charged and to an automatic debit or processing payment at end of each month period of 30 (thirty)-calendar days for the most recent subscription tier, and (iii) to be automatically charged and to an automatic debit or processing payment at any time when Company End-User changes its subscription tier such as adding new job(s), and (iv) to be automatically charged and to an automatic debit or processing payment in any other case(s) when Company End-User has a balance due. Each month period represents a 30 (thirty)-calendar day period of time being calculated from the date that the Company End-user’s account reflects the last payment or from the date when payment became due. End-User understands and agrees that the monthly subscription fee/fees is/are nonrefundable.
Auto-Renewal and Auto-Payment. Company End-User understands and agrees that the account will be automatically renewed and payment will be automatically processed at the end of 30 (thirty)-calendar days until terminated or cancelled according to the provisions outlined in these Terms of Use, and automatically processed each time there is a payment due as a result of an upgrade to a different subscription tier, and automatically processed in every other scenario as outlined above in the Recurrent/Recurring Charges section, and in accordance with these Terms of Use. Company End-User also understands and agrees that there are no refunds for canceled subscription(s). The Company End-User understands and agrees that the bank account, debit card, credit card, or any other payment method provided (“Payment Method”) will be charged automatically and on a recurrent/recurring basis for the payment corresponding with the most recent subscription tier, and that these charges shall occur automatically and on a recurrent/recurring basis until termination and/or cancellation of subscription or of use of Platform/Site by Company End-User or Zevix. The Company End-User understands and agrees that the pricing reflects the most recent subscription tier in the End-User’s account, and that the Company End-User is being charged for the most recent subscription tier. The Company End-User understands and agrees that it is entirely the responsibility of the Company End-User to change the subscription tier to avoid being charged for a higher number of job posting(s) if the Company End-user needs a lower number of job posting(s). The Company End-User understands and agrees that the monthly fee/fees, once paid, is/are nonrefundable.
Subscription Tiers. Company End-User may choose any of the subscription tiers available, and Company End-User understands and agrees that any change in the subscription tier, such as standard, silver, gold, or platinum or designated by any other name, by or on behalf of the Company End-User—whether changing to a higher tier or a lower tier, shall occur immediately, and the renewal date will reflect the most recent change in subscription tiers, but there are no refunds for canceled subscriptions or changing the subscription tiers, and the monthly subscription tier pricing paid is nonrefundable. The Company End-User understands and agrees that the bank account, debit card, credit card, or any other payment method provided will be charged automatically and on a recurrent/recurring basis for the payment corresponding with the most recent subscription tier pricing, and that these charges shall occur automatically and on a recurrent/recurring basis until termination and/or cancellation of subscription or of use of Platform/Site by Company End-User or Zevix. The Company End-User understands and agrees that the subscription fee, once paid, is nonrefundable. The Company End-User understands and agrees that the pricing and payment charged reflects the subscription tier which End-User has last selected, and not the number of active jobs in the End-User’s account. The Company End-User understands and agrees that it is entirely the responsibility of the Company End-User to change the subscription tier to a lower subscription tier in order to avoid being charged for a higher subscription tier if the Company End-user needs a lower subscription tier.
If you change subscription tier(s) during the 30-calendar days month, your account will be automatically charged immediately using the Payment Method on file for the most recently selected subscription tier and, if payment is successful, updated to the most recently selected subscription tier. If payment is not successful, your account will not be updated to the most recently selected subscription tier. If you upgrade your subscription tier before the 30-calendar days end, your payment on file will be automatically charged immediately for the newly selected subscription tier (example: upgrade from Standard tier to Platinum tier). If you downgrade your subscription tier before the 30-calendar days end, your payment on file will be credited with the pro-rated amount consistent with the newly selected subscription tier. The pro-rated credit only applies when you downgrade between tiers and only if you maintain at least one active job on the Platform/Site. You will not receive a pro-rated credit if you do not maintain at least one active job on the Platform/Site, regardless of downgrade. Even though the fees are pro-rated as credit if you downgrade to a lower subscription tier before the 30-calendar days end, you understand and agree that there are no refunds in any circumstance. You understand and agree that once any fees are paid, are not refundable. You understand and agree that if there is any amount due as a result of changing the subscription tier or in any other circumstance, your payment on file will be charged automatically for the amount due until it is paid off, and you understand and agree that if your payment is not successfully processed or your account is not current, any active job(s) will be deactivated until your account becomes current. You understand and agree that you are also not able to have active job(s) until your account is being brought up to current by paying all amount(s) charged or due. At the end of the 30-calendar days, you will be automatically charged for the most recently selected subscription tier. You understand and agree that if you cancel the subscription at any time, the fees paid are not refundable and there is/are no credit(s) provided. Your account will automatically renew every 30-calendar days and payment on file will be charged automatically and on a recurrent/recurring basis until termination and/or cancellation of subscription or of use of Platform/Site by Company End-User or Zevix.
The Company End-User understands and agrees with various statements provided on the Platform/Site, Zevix guidelines, conditions, or other policies.
Payment Authorization. Company End-User understands and agrees with the following statement and authorizes payment to be processed in accordance with this statement: Being the authorized cardholder or a Corporate Officer, by clicking “Pay”, I understand and agree to pay, and specifically authorize Zevix, Inc. to charge my bank account, debit card, credit card, or any other method of payment provided (“Payment Method”) for the subscription fees and any other amount due. I further understand and agree that in the event my Payment Method changes, becomes invalid or the payment is unsuccessful, I will provide a new valid Payment Method upon request to be charged for the payment of the fee(s) due and/or any other outstanding balance. In case there is a balance on my account, I hereby authorize Zevix, Inc. to charge the Payment Method on file and continue to do so until the balance is paid in full. In case of a payment being rejected for Non-Sufficient Funds or for any other reasons, I understand and agree that Zevix, Inc. may attempt to process the charge again and I authorize Zevix, Inc. to process the charge again using the Payment Method or any other method until the balance is paid in full. I understand and agree that my bank account, debit card, credit card, or any other method of payment provided (“Payment Method”) will be charged automatically for all fees. I also understand and agree that the Payment Method will be charged on a recurrent/recurring basis until termination of use of Platform/Site by me or Zevix, Inc., and I further understand and agree that all fees paid are nonrefundable. I further understand and agree to the Terms of Use and Privacy Policy posted on the site.
Cancellation. Company End-User can cancel the Company End-User’s subscription at any time by logging on to the Platform/Site. In order to cancel an active subscription, the user must follow the following steps:
1. User needs to access the Platform at www.zevixjobs.com
2. Sign in with valid email and password.
3. Click on their profile name to display the menu options.
4. Click on “Subscription”.
5. On the bottom left, click on “click here” after the statement “Are you looking to cancel your subscription? Click here.”
6. Click “Yes, Cancel” on the pop up to confirm cancellation.
The Company End-User’s subscription will be canceled, however, there is no refund or credit provided to the Company End-User’s account for the fees already paid. Cancellation will be effective at the conclusion of the current 30-calendar days month subscription period.
4. User Submitted Content; Correspondence between End -Users
The Platform/Site may offer interactive features that allow users to submit content to the Platform/Site or interact with other End-Users. Zevix does not and cannot review all such content, and is not responsible for such content or any communication between End-Users.
You acknowledge that by providing the ability to view and distribute your user-generated content on the Platform/Site, Zevix is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability related thereto. Zevix is not responsible for any communications between the users of the Platform/Site, the confidentiality of communications or users’ information, and does not have any responsibility with regard to any aspect of employment that relates to any of the Platform/Site users, or with regard to any responsibilities, obligations, or rights between the Platform/Site users. You understand that Zevix has no obligation to monitor communications between you and other End-users. However, Zevix reserves the right at all times to block or remove information, and/or communication(s) and/or material(s) that it determines to be unacceptable to Zevix in its sole discretion. Additionally, Zevix reserves the right at all times to disclose any information as necessary to satisfy any law, regulation, or governmental request, or to refuse to post any information and/or communication(s) and/or material(s), in whole or in part, that it determines to be unacceptable to Zevix in its sole discretion.
Harassment in any manner or form on the Platform/Site, including via email, video, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Zevix employee, host, or representative, as well as other members or visitors or other individual(s) on the Platform/Site is prohibited. You may not upload to, distribute, or otherwise publish through the Platform/Site any content, in video format or writing or any other form, which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable or which may constitute or encourage a criminal offense, violate the rights of any party, or which may otherwise give rise to liability or violate any law, or which is objectionable to Zevix in Zevix’s own discretion. You understand and agree that Zevix reserves the right to remove from the Platform/Site any content or material, including but not limited to video(s), information in your profile, and any other content or material at anytime, without notice, and for any reason.
As a condition of your use of the Platform/Site, you agree to not:
a) restrict or inhibit any End-User from using the Platform/Site;
b) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including but not limited to any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law;
c) post or transmit any information or other material which violates or infringes upon the rights of others, including material that is a misrepresentation and/or material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark, or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder; or
d) post or transmit any information or other material which contains a virus or other harmful component.
5. Notice; Electronic Communications
When you visit the Platform/Site or send emails to Zevix, you are communicating with us electronically. We will communicate with you by email, phone, mail, by posting notices on the Platform/Site, or communicate via other means. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically as stated above, including but not limited to posting on the website, satisfy any legal requirement that such communications be in writing. You consent to receive communications from us electronically, as well as by phone, mail, or other means, and you agree to be bound by such communications including but not limited to agreements, notices, disclosures, and other communications. You understand and agree that Zevix can use the information that you have provided on the Platform/Site or information available in public records for purposes of contacting you in regards to your profile, for purposes of feedback on our services, to sell other features, products or services, to inform you regarding promotions, or for any other reasons.
End-User understands and agrees to receive alerts to be communicated to the End-User via email or other communication means on a periodic basis and at any time with regard to job posting, subscription tier(s), and/or job searching, if job searching function is available, on this Platform/Site, and for any other purposes.
6. Privacy
Zevix’s <Privacy Policy> is incorporated into and made part of these Terms of Use. You hereby understand and agree to such Privacy Policy. Any personal data (for example, your name, address, telephone number, or email address) that you transmit to the Platform/Site by electronic mail or otherwise will be used by Zevix in accordance with the Privacy Policy. Any other communication or material you transmit to the Platform/Site, such as questions, position details, position requirements, search criteria, if search function is available, comments, suggestions or other materials such as video(s), will be treated as nonconfidential and nonproprietary. You understand and agree that certain communication is available for view on the Platform/Site, and Zevix does not guarantee the confidentiality of such information including but not limited to email addresses, physical addresses, phone numbers, or video(s). You understand and agree that Zevix can use the information submitted including but not limited to your details related to your position(s) for purposes of Zevix marketing, advertising, promotions, and for any other purposes.
7. Typographical Errors
In the event that a service or product is mistakenly listed at an incorrect price or with incorrect specifications, Zevix reserves the right to refuse or cancel any orders placed for products or services listed incorrectly, whether or not the order has been confirmed and whether or not you have been charged for such product or service.
8. Disclaimer of Warranties
ThE PLATFORM/site, its content, materials, SERVICES, products, AND ANY OTHER INFORMATION on thE PLATFORM/site are provided ON AN “as -is” BASIS. YOU UNDERSTAND AND AGREE THAT THE USE OF THE PLATFORM/SITE IS AT YOUR OWN RISK. ZEVIX HEREBY disclaims all warranties of any kind, express or implied, including, but not limited to any express warranties, statutory warranties, and any implied warranties of merchantability, fitness for a particular purpose, and noninfringement. to the extent your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. your sole and exclusive remedy relating to your use of the PLATFORM/site shall be to discontinue using the PLATFORM/site.
Zevix does not represent or warrant that the functions contained in/ON the PLATFORM/Site will be uninterrupted AND/or error-free, that the defects will be corrected, or that the PLATFORM/Site AND/or posted communications and/OR other materials AND/or the server that makes the PLATFORM/Site available are free of viruses AND/or other harmful components; and You UNDERSTAND AND agree that Zevix is not responsible for such errors and/or defects and/or viruses and/or other harmful components. Zevix does not warrant or make any representations regarding the use of the materials AND/or the results of the use of the materials provided by the Platform/site OR in the Platform/site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise. Zevix does not make any warranties or representations regarding the security of your personal information. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
9. Indemnification
You understand and agree to indemnify, defend, and hold harmless Zevix, its officers, directors, employees, partners, agents, licensors, shareholders, representatives, affiliates, and suppliers from any liability, and against all losses, claims, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use, Zevix policies or guidelines, or any activity related to your use of the Platform/Site (including but not limited to negligent or wrongful conduct) by you or any other person accessing the Platform/Site.
10. Limitations of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL ZEVIX, OR ANY OF ITS SUBSIDIARIES, PARENT COMPANIES, REPRESENTATIVES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, SUPPLIERS, PARTNERS, SHAREHOLDERS, AND/OR ANY OF ITS AGENTS AND/OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, AND/OR DELIVERING THE PLATFORM/SITE AND/OR ITS CONTENT, BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE) OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE PLATFORM/SITE, OR RESULT FROM THE USE OF OR THE INABILITY TO USE THE PLATFORM/SITE, AND/OR PLATFORM/SITE MATERIALS, AND/OR OTHER ZEVIX MATERIALS OR SERVICES, AND/OR ANY OTHER MATERIALS, AND/OR CONTENT, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. YOUR USE OF THE PLATFORM/SITE, AND/OR PLATFORM/SITE MATERIALS, AND/OR OTHER ZEVIX MATERIALS OR SERVICES, AND/OR ANY OTHER MATERIALS, AND/OR CONTENT ALSO SIGNIFIES YOUR RELEASE OF ZEVIX, ITS SUBSIDIARIES, PARENT COMPANIES, REPRESENTATIVES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, SUPPLIERS, PARTNERS, SHAREHOLDERS, AFFILIATES, AND/OR ANY OF ITS AGENTS AND/OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, AND/OR DELIVERING THE PLATFORM/SITE AND/OR ITS CONTENT, FROM ANY DAMAGES THAT YOU INCUR, AND UNDERSTAND AND AGREE TO NOT ASSERT ANY CLAIMS AGAINST THEM, ARISING FROM YOUR USE OF THE PLATFORM/SITE, AND/OR PLATFORM/SITE MATERIALS, AND/OR OTHER ZEVIX MATERIALS OR SERVICES, AND/OR ANY OTHER MATERIALS, AND/OR CONTENT. IF YOU ARE DISSATISFIED WITH THE PLATFORM/SITE, AND/OR PLATFORM/SITE MATERIALS, AND/OR OTHER ZEVIX MATERIALS OR SERVICES, AND/OR ANY OTHER MATERIALS, AND/OR CONTENT, AND/OR WITH ANY OF ZEVIX TERMS OF USE AND/OR PRIVACY POLICY AND/OR OTHER POLICIES, GUIDELINES, OR CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE PLATFORM/SITE, AND/OR PLATFORM/SITE MATERIALS, AND/OR OTHER ZEVIX MATERIALS OR SERVICES, AND/OR ANY OTHER MATERIALS, AND/OR CONTENT, AND/OR WITH ANY OF ZEVIX TERMS OF USE AND/OR PRIVACY POLICY AND/OR OTHER POLICIES, GUIDELINES, OR CONDITIONS, IS TO CEASE ALL OF YOUR PLATFORM AND/OR SITE USE.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ZEVIX IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER.
Some states have certain laws that do not allow the exclusion or limitations on warranties or the exclusion or limitation of certain damages, and if these laws apply to you, the above exclusions or limitations that directly conflict with such laws may not apply to you.
11. Third-Party Links and Distribution
In an attempt to provide increased value to our visitors, Zevix may link to sites operated by third parties. However, even if the third party is affiliated with Zevix, Zevix has no control over these linked sites, all of which may have separate privacy and data collection practices, independent of Zevix. These linked sites are only for your convenience, and therefore you access them at your own risk. Without limiting the foregoing, Zevix specifically disclaims any responsibility if such sites infringe any third party’s intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory. Zevix does not endorse the content, or any products or services available, on such sites.
End-User understands, agrees, and authorizes Zevix to market the job posting(s) and/or ad(s), and/or the user profile(s), video(s), and/or resume(s) posted, at the discretion of Zevix, including but not limited to listing on other job sites, and/or other third-party sites, and/or social media, and/or other media and/or advertising forums or forms, and/or any other marketing or advertising forums, forms, or avenues, at Zevix’s discretion. End-User understand and agrees that Zevix is not responsible for the quality or the content of other job sites, and/or third-party sites, and/or social media, and/or other media and/or advertising forums or forms, and/or any other marketing or advertising forums, forms, or avenues. Zevix specifically disclaims any responsibility if any forms of marketing and/or distribution infringe any third party’s intellectual property rights; are inaccurate, incomplete, or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory. End-User understands and agrees that Zevix is under no obligation to market the job posting(s) and/or ad(s), and/or the user profile(s), video(s), and/or resume(s) posted, and is under no obligation to do any of the above as mentioned in this section 11, but it is completely at Zevix’s discretion to do any of the above or do nothing.
12. Trademarks
The following trademarks are our property: Zevix and Zevix Jobs. These marks and related logos and other intellectual property displayed on the Platform/Site or used in connection with Zevix, and our products and services owned and/or registered by Zevix, may not be used without our consent on any product or service, except our own.
13. Copyright
Copyright © 2020, Zevix, Inc. ALL RIGHTS RESERVED.
All content included on the Platform/Site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, and any other items or components or features, are/is the property of Zevix, and protected by United States and international copyright laws as well as under other applicable copyright, patent, trademark, and other proprietary rights. The compilation of all content on the Platform/Site is the exclusive property of Zevix and protected by United States and international copyright laws, as well as under other applicable copyright, patent, trademark, and other proprietary rights. All software used on the Platform/Site is the property of Zevix or its software suppliers and protected by United States and international copyright laws, as well as under other applicable copyright, patent, trademark, and other proprietary rights. You understand and agree not to change, delete, or in any way temper with any proprietary notices from materials printed or downloaded from the Platform/Site. You understand and agree that under no circumstances will you acquire any ownership rights or other interest in the Platform/Site by or through use of this Platform/Site.
14. Copyright Complaints
Takedown Notices. If you believe that your work has been copied and posted on the Platform/Site in a way that constitutes copyright infringement, please provide a written notice to our Digital Millennium Copyright (“DMCA”) Agent with the following information:
(i) a description of the copyrighted work that you claim has been infringed;
(ii) a description of the material that you claim is infringing and a description of where the allegedly infringing material is located on the Platform/Site (e.g., a URL);
(iii) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(iv) your address, telephone number, and email address;
(v) a written statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, including fair use; and
(vi) a statement by you that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.
Counter Notifications. If you are notified that material you posted is the subject of a takedown notice, and if you believe that the material is not infringing, you may submit a written counter notification to our DMCA Agent listed below. To be actionable, the written counter notification must include substantially the following information:
(i) your physical or electronic signature;
(ii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
(iv) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Zevix may be found, and that you will accept service of process from the person or entity who submitted the takedown notice or an agent of such person/entity.
Send all notice of claims of copyright infringement as well as counter-notices to Zevix’s DMCA Agent, who can be reached as follows:
Zevix DCMA Agent
Zevix Inc.
7545 Irvine Center Drive
Suite 200
Irvine, CA 92618
Email: dmcaagent@zevixjobs.com**
** To help ensure expeditious processing, please include the following subject line your email: “DMCA Takedown Notice” or, if appropriate, “DMCA Counter Notice”**
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Repeat Infringer Policy. In accordance with the DMCA, Zevix has adopted a policy of terminating, in appropriate circumstances and at Zevix’s sole discretion, account holders deemed to be repeat infringers due to our receipt of multiple DMCA notifications from content owners.
15. Export Control
Software and other materials downloaded or otherwise made available from the Platform/Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Platform/Site may be downloaded or exported: into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. Zevix does not authorizes the downloading or exportation of any software or technical data from the Platform/Site to any jurisdiction prohibited by the United States Export Control Laws.
16. Term and Termination
End-User’s access to the Platform shall begin on the date End-User registers for an account, and accepts these Terms of Use and shall continue until terminated earlier under the provisions of the Terms of Use.
Zevix may terminate your use of the Platform at any time, with or without notice, for any reason. If you do not agree to be bound by any of these Terms of Use including Privacy Policy, or updated Terms of Use or other policies, conditions, guidelines, you must immediately discontinue use of the Platform and Site.
Upon the expiration or sooner termination of these Terms of Use, all of your license rights under these Terms of Use shall automatically and immediately cease, and you shall promptly cease all uses of the Platform and Site, and you understand and agree that you are no longer authorized to access the Platform and Site or materials present within the Platform and Site. The restrictions imposed on you in these Terms of Use and Privacy Policy, as well as the disclaimers and limitations of liabilities set forth in these Terms of Use and Privacy Policy, shall survive termination.
These Terms of Use, including the Privacy Policy, shall survive the expiration or sooner termination of these Terms of Use.
17. DISPUTE RESOLUTION & ARBITRATION
Binding Arbitration. You and Zevix understand and agree that any legal dispute between You and Zevix concerning or arising in any way out of these Terms or Use, the Privacy Policy, and/or other policies, conditions, guidelines, any purchase from Zevix, any communications between you and Zevix, or your purchase of any product or services provided by Zevix, or participation in any other program or service provided by Zevix shall be resolved through binding individual arbitration and not in court. You may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as they are brought and maintained as an individual claim. The term “dispute” means any dispute, action, claim, or other controversy between you and Zevix, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.
You understand and agree that you and Zevix are waiving the right to sue or go to court to assert or defend your rights. If for any reason, a dispute proceeds or is being adjudicated in court, you and Zevix both UNDERSTAND AND agree to waive any right to a jury trial.
Waiver of Right to Bring Class Action and Representative Claims. You and Zevix understand and agree that there is no right to a judge or jury in arbitration. You and Zevix UNDERSTAND AND agree that any dispute proceedings will proceed only on individual basis, and not in class, joint, consolidated or representative action of any kind in court or arbitration, and You and Zevix each UNDERSTAND AND agree to hereby waive the right to a trial by jury, to assert or participate in any class action lawsuit or class action arbitration, any private attorney general lawsuit or private attorney general arbitration, and any joint, consolidated, or representative proceeding. The arbitrator is empowered to resolve any dispute with the same remedies available in court, including public injunctive relief. The arbitrator shall follow the terms of these Terms of Use.
How Arbitration Works. Each party―you or Zevix―may initiate arbitration by sending to the other a request in writing with confirmation receipt. You may send this request for arbitration to our registered agent My Corporation Business Services, Inc. located at 26025 Mureau Rd., Ste. 120, Calabasas, California 91302. The payment of filing, administrative, and arbitrator’s fees shall be governed by the American Arbitration Association (“AAA”) rules. The arbitration shall be conducted by the AAA pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by these Terms of Use including these arbitration provisions. The AAA Rules are available on the AAA’s website at www.adr.org, or by calling the AAA at (800) 778-7879. The arbitration hearing shall take place in the County of Orange, United States of America, or at another mutually agreed upon location, or by the video, telephone, or teleconference based on written submissions if the parties so agree. For Individual End-Users, Zevix will advance up to US$5,000 (Five Thousand) of filling, administrative, and arbitrator’s fees, unless the arbitrator determines that the claims are frivolous and/or filed in bad faith. As to Individual End-Users, Zevix also agrees to waive any rights it may have to recover, where applicable, attorneys’ fees and costs or expenses against you.
Governing Law and Other Terms. By accessing the Platform/Site, or using any of the Zevix services, you understand and agree that the Terms of Use, including arbitration provisions, other provisions presented within, and Privacy Policy, shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act and federal arbitration law and, to the extent that state law applies to any aspect of these Terms of Use, the applicable law will be the laws of the State of California without regard to principle of conflict of laws. The parties understand and agree that any issue concerning the validity of the class/representative action waiver above must be decided by an arbitrator. This Dispute Resolution & Arbitration provision survives the termination of your relationship with Zevix, including the end of your participation in any program or service and opt-out of consent for marketing or other agreements or relationship with Zevix.
18. Assignment
Zevix may assign its rights and duties under these Terms of Use to any party at any time without notice to you.
19. Severability
If any provision of the Terms of Use and related materials is held, in whole or in part, to be illegal, invalid or unenforceable for any reason, the legality, validity and enforceability of the remaining provisions of the Terms of Use and related materials or the remainder of that provision and of the Terms of Use and related materials shall not be affected or impaired thereby; the remainder of that provision and of the entire Terms of Use and related materials will be severable and remain in full force and effect; and the parties shall endeavor in good faith negotiations to replace the illegal, invalid or unenforceable provisions with valid provisions the economic and financial outcome of which comes as close as possible to that of the illegal, invalid or unenforceable provisions.
20. Questions and Feedback
We welcome your questions, comments, and concerns about the Platform/Site. Please send us feedback pertaining to the Platform/Site at admin@zevixjobs.com.
PRIVACY POLICY
This Privacy Policy describes the types of information that we collect via the Platform/Site and how we use it. This Privacy Policy applies to the Platform/Site and any other personal information obtained when you call, email, or otherwise communicate with Zevix. By accessing the Platform/Site on any computer, mobile phone, tablet, or other device, making a purchase from Zevix, or otherwise interacting with Zevix, you agree to the terms of this Privacy Policy. If you do not agree to the Privacy Policy, you are not authorized to use the Platform/Site and must cease access and use immediately. By using this Platform/Site, you agree to these Terms of Use and Privacy Policy. If you do not wish to agree to these Terms of Use and Privacy Policy, please exit.
You understand and agree that if the Privacy Policy or Terms of Use change, it is your sole responsibility to review these changes, which will be posted on the Platform/Site. Any such changes will be effective immediately upon being posted.
Your access to, and use of, the Platform/Site is subject to this Privacy Policy and all applicable laws and regulations. By accessing and using the Platform/Site, you acknowledge and consent to collection of information identified below, and you consent to the use of such information. Further, by accessing and using the Platform/Site, you accept, without limitation or qualification this Privacy Policy. Zevix may, at any time and without notice and for any reason, amend or modify this Privacy Policy or impose new conditions or guidelines or policies at any time without prior notice and for any reasons. Such modifications, amendments, conditions, guidelines, or policies shall be effective immediately by posting the Privacy Policy or new conditions or guidelines or policies on the Platform and/or Site. You may not modify this Privacy Policy. Any use of the Platform/Site by you constitutes your unconditional acceptance of any such amendments, modifications, or new conditions, guidelines, policies, or updated Privacy Policy. You should periodically visit the Platform/Site to review the current Privacy Policy.
We may modify this Privacy Policy at any time and for any reason. We will post the current version on the Platform and/or Site, as applicable. We encourage you to periodically review our Privacy Policy to stay informed about how we are using your information. Any use of the service by you after such posting is made shall be deemed to constitute acceptance by you of the updated Privacy Policy or such modification(s), amendment(s), new condition(s), guideline(s), or policie(s).
Information You Provide
We collect personal information from you when you enter the Platform/Site or when you submit it to us, or when you are giving it to us in any other way, including but not limited to the following: (1) by registering; (2) by subscribing or placing an order; (3) by signing up for communications; (4) by contacting us; (5) by participating in a promotion or survey; and/or (6) by any other means. This information may include but is not limited to, for example, your first and last name, email address, home or other physical address, information in your profile or resume, including but not limited to street name and name of a city or town, Social Security number, Internet Protocol(“IP”), time of your visit or access, mailing address, billing address, telephone number, date of birth, video(s), payment method(s) and payment related information, credit card number, bank account information, and any other identifier that permits physical or online contacting of specific individual or company or entity. We may combine the information we collect from you with information we receive about you from other sources.
We use a third-party card processor for all credit card transactions, and we do not store any credit card information on our Platform/Site. We may collect personal information from you when you write a review on our Platform/Site.
In some jurisdictions, individuals may have the right to opt-in or withdraw consent for certain uses. If you reside in such jurisdictions, you may have additional rights which are detailed below, “Access, Correction and Deletion.”
Information We Collect Automatically
When you visit the Platform/Site, in addition to the information mentioned above, we may collect certain information from you, including but not limited, for example, to your IP address, operating system, device-identifying information, the specific web pages visited on the Platform/Site during your connection, and/or the domain name from which you accessed the Platform/Site, and other information. In addition, we may collect information about your browsing behavior, such as the date and time that you visit the Platform/Site, the areas or pages of the Platform/Site that you visit, the amount of time you spend viewing the Platform/Site, the number of times that you return to the Platform/Site, and other similar data. We may also use nonpersonal or aggregated information for statistical analysis, research, and other purposes.
We may use cookies to (1) allow you to use the service without having to reenter your user name and password; (2) enhance or personalize your usage experience; (3) monitor usage; (4) manage the Platform/Site; and/or (5) improve the Platform/Site, our service and business, including providing you with interest-based ads. For more information on our advertising, see below: “Interest-Based Advertising.” If you choose, you can set your browser to reject cookies or you can manually delete individual cookies or all of the cookies on your computer by following your browser’s help file directions. However, if your browser is set to reject cookies or you manually delete cookies, certain functionality may be limited or restricted.
You understand and agree that it is your sole responsibility to ensure protection of your password and other sign-in information.
We may also use web beacons to help us analyze user behavior and measure the effectiveness of the Platform/Site and our advertising. We may work with service providers that help us track, collect, and analyze this information.
We may combine the information we collect through cookies and web beacons with other information that we have collected from you or information from other sources.
We may use the information we collect from and about you (1) to fulfill your requests for service; (2) to respond to your inquiries; (3) to send you a confirmation email when you subscribe for the service or make a purchase or for other reasons; (4) to send you text messages; (5) to review Platform/Site usage and operations; (6) to address problems with the Platform/Site, our business, or the service; (7) to protect the security or integrity of the Platform/Site and our business; (8) to monitor the Platform/Site for compliance with our terms and the law; (9) to contact you with updates, newsletters, and/or other informational and/or promotional materials from us, third parties, partners, as well as from other companies; (10) to market your job posting(s) and/or ad(s), and/or profile(s), and/or video(s), and/or resume(s) posted, at Zevix’s discretion, including but not limited to listing on other job sites, and/or other third-party sites, and/or social media, and/or other media and/or advertising forurms or forms, and/or any other marketing or advertising forums, forms, or avenues, at Zevix’s discretion; (11) to provide interest-based advertising to you based on the way you use the Platform/Site and other platforms; (12) for purposes of Zevix marketing, advertising, promotions, and/or for any other purposes Zevix deems appropriate.
You understand and agree that we may use the telephone number as well as your address and other information or video(s) that you have provided on the Platform/Site or information available in public records to contact you in regards to your profile, for purposes of feedback on our services, to sell other features, products or services, to inform you regarding promotions, or for any other reasons.
If you sign up for our mailing list, we will send you informational emails about offers of services. At any time, you can ‘unsubscribe’ yourself from our email list simply by clicking the “Unsubscribe me”’ or “opt-out” button.
If you do not wish to receive communications from us about special offers and promotions, you can opt-out of receiving these communications by following the instructions contained in the messages you receive or by sending us an email to admin@zevixjobs.com requesting that you do not wish to receive in the future any communications. Even if you opt-out of receiving these messages, we reserve the right to send you certain communications relating to the service, and we may send you service announcements and/or administrative messages. We do not offer you the opportunity to opt-out of receiving those communications. For more information about interest-based advertising, including how you can manage advertising, please see below “Interest-Based Advertising.”
Disclosure of Information
We may disclose information collected from and about you as follows (1) to our related companies and service providers, to perform a business, professional or technical support function for us; (2) to our marketing partners, advertisers or other third parties, who may contact you with their own offers; (3) to other job sites, and/or other third-party sites, and/or social media, and/or other media and/or advertising forums or forms, and/or any other marketing or advertising forums, forms, or avenues, and using any other forms of marketing and/or distribution at Zevix’s discretion: (4) as necessary if we believe that there has been a violation of the Terms of Use, Privacy Policy, conditions, policies, or guidelines, or of our rights or the rights of any third party; (5) for any good faith reason Zevix deems necessary; (6) to respond to legal process (such as a search warrant, subpoena or court order) and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law, or otherwise as required by law; and/or (7) in the event that our company or substantially all of its assets are acquired, and/or your personal information may be one of the transferred assets. We may share aggregate, non-personally identifiable information about users with third parties.
Please note that if you voluntarily submit any personal information for posting on the Platform/Site, such as a review or a blog post or other information, the information becomes publicly available and can be collected and used by others, so you should use care before posting information about yourself or your company or entity online. In addition, although we tipycally only share your personal information with entities known to have reasonable data security or privacy practices, Zevix has no control over other job sites, third-party sites, social media, other media and/or advertising forurms or forms, or any other marketing or advertising forums, forms, or avenues, all of which may have separate privacy and data collection practices.
Interest-Based Advertising
We may use third-party advertising companies that use tracking technologies to serve our advertisements across the Internet. These companies may collect information about your visits to the Platform/Site and other websites and your interaction with our advertising and other communications. These advertising companies serve ads on behalf of us and others on nonaffiliated websites, and some of those ads may be personalized, meaning that they are intended to be relevant to you based on information collected about your visits to the Platform/Site and elsewhere over time. Other companies may also use such technology to advertise on our Platform/Site. You have the choice to tell us not to collect and use this information by sending an email to admin@zevixjobs.com, and in some jurisdictions, we will only engage in interest-based advertising if you opt-in.
Access, Correction, & Deletion
We respect your right to access and correct your personal information. You may access your personal information by signing into your account. From there, you can correct or modify your information. You may also exercise your rights, subject to applicable laws, to request that we delete or restrict access to your personal data. If you need assistance correcting or updating your personal information, or would like to request that we delete your personal information, please contact us using the contact information detailed in the “Contact Us” section below.
Retention of Personal Information
Personal information that we collect, access or process will be retained as long as necessary for the fulfilment of the purposes for which it was collected, unless otherwise provided in agreements between you and Zevix or as required or authorized by law.
Security
The security of your data is very important to Zevix. We have implemented appropriate security measures preventing your personal information from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. However, you should know that no website operator or online business, including Zevix, can fully eliminate security risks associated with personal information. While Zevix has endeavored to create a secure and reliable Platform/Site for users, the confidentiality of any communication or material transmitted to/from the Platform/Site or via email, phone number(s), or other means is not guaranteed.
Children
This Platform/Site is intended for adults only, and you must be age 18 (eighteen) to use the Platform/Site. The Platform/Site is not directed to children, nor do we knowingly collect any personal information from children under the age of 18. If you believe that a child has provided personal information to us, please contact us promptly as described below, and we will endeavor to investigate and delete such information from our systems.
Third-Party Links
The Platform/Site may contain links to third-party websites, such as social media sites, which may have privacy policies that differ from our own. We are not responsible for the activities and practices that take place on these websites, sites, or apps. Accordingly, we recommend that you review the privacy policy posted on any external website, site, or app before disclosing any personal information. Please contact those websites, sites, or apps directly if you have any questions about their privacy policies.
Response to “Do Not Track” Signals
Some Internet browsers include the ability to transmit “Do Not Track” signals. Since uniform standards for “Do Not Track” signals have not yet been adopted, we do not process or respond to “Do Not Track” signals.
Changes to This Privacy Policy
We may change this privacy policy from time to time, including as required to keep current with rules and regulations, new technologies, security standards, and for any other reason(s). When we do, we will post the change(s) on our Platform and/or Site. If we change the Privacy Policy in a material and retroactive manner, we will provide appropriate notice to you, and you agree to such notice to be provided electronically to the email that you have provided at any point in time. You understand and agree that it is your responsibility to ensure that such email address is still active or available or protected from third parties.
Users from Outside the United States
The Platform and/or Site is hosted in the United States. If you are using the Platform and/or Site from outside the United States, your information may be transferred to, stored and processed in the United States or other countries. The data protection and other applicable laws of the United States or other countries may not be as comprehensive as those laws or regulations in your country or may otherwise differ from the data protection, consumer protections laws, or other protection or applicable laws in your country. Your information may be available to government authorities under lawful orders and law applicable in such jurisdictions. By using the Platform and/or Site and/or the service(s) provided therein, and/or providing personal information to us, you consent to transfer of your information to our facilities as described in this Privacy Policy.
Contact Us
If you have questions or concerns about this Privacy Policy or how we collect and use the information of our users, you can contact us by emailing us at admin@ZevixJobs.com, or by mail at
Zevix, Inc.
7545 Irvine Center Drive, Suite 200
Irvine, CA 92618
ATTN: Privacy Request.
If you make a purchase, we will send you a confirmation by e-mail and/or text message.
If we need, or are required, to contact you concerning any event that involves your information, we may do so by email, telephone, or mail.
Thank you.
Zevix, Inc.