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Going My Way, LLC Terms of Use for IJustHeard.com

(Effective as of April 1, 2024)

Welcome to the Going My Way, LLC’s (the “Company”) Terms of Use agreement. For purposes of this agreement, “Site” refers to the Company’s website, which can be accessed at https://ijustheard.com. “Service” refers to the Company’s services accessed via the Site, including but not limited to:

·        Listing, viewing, and signing up for networking events;

·        Listing, viewing, and signing up for professional and continuing education;

·        Listing, viewing, and responding to offers for professional, personal, and other services;

·        Posting, viewing, and responding to job and gig listings; and

·        Making, reading, and responding to posts.

 The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user of our Site or our Service.

The following Terms of Use apply when you view or use the Service via our website located at https://ijustheard.com

Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms of Use. If you do not agree to be bound by these Terms of Use in their entirety, you may not access or use the Service.

PRIVACY POLICY

The Company respects the privacy of its Service users. Please refer to the Company’s Privacy Policy  which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to the Privacy Policy as well as these Terms of Use.

ABOUT THE SERVICE

The Service allows users to post listings for networking events, continuing education classes, services, and jobs (collectively, “Listings”); view Listings posted by other users, and respond to other users by signing up for events or classes, applying to jobs, and requesting services.  Except as specifically stated in Listings, the Company does not offer, conduct, supervise, endorse, or guarantee any Listings, and none are offers by the Company. All Listings are the responsibility of the user that made the Listing.

 

REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE

You need to be at least 21 years old to register for and use the Service.

If you are a user who signs up for the Service, you will create a personalized account which includes a unique username and a password to access the Service and to receive messages from the Company. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your username, password and/or account.

We grant you permission to use and access the Service, subject to the following express conditions surrounding your use of the Service and your submission and use of User Information. You agree that failure to adhere to any of these conditions constitutes a material breach of these Terms.

USE RESTRICTIONS

Your permission to use the Site is conditioned upon the following use, posting and conduct

restrictions:

You agree that you will not under any circumstances:

·      access the Service for any reason other than your personal, use solely as permitted by the normal functionality of the Service;

·      collect or harvest any personal data of any user of the Site or the Service without the express written authorization of the Company;

·      use the Site or the Service for the solicitation of business in the course of trade or in connection with a commercial enterprise except by posting Listings as authorized by the Company;

·      distribute any part or parts of the Site or the Service without our explicit written permission (we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly-available searchable indices but retain the right to revoke this permission at any time on a general or specific basis);

·      use the Service for any unlawful purpose or for the promotion of illegal activities;

·      attempt to, or harass, abuse or harm another person or group;

·      use another user’s account without permission;

·      intentionally allow another person to access your account;

·      provide false or inaccurate information when registering an account;

·        interfere or attempt to interfere with the proper functioning of the Service;

·        make any automated use of the Site, the Service or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;

·        bypass any robot exclusion headers or other measures we take to restrict access to the Service, or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;

·        circumvent, disable or otherwise interfere with any security-related features of the Service or features that prevent or restrict use or copying of content, or enforce limitations on use of the Service or the content accessible via the Service; or

·        publish or link to malicious content of any sort, including that intended to damage or disrupt another user’s browser or computer.

POSTING AND CONDUCT RESTRICTIONS

When you create your own personalized account, you may be required to provide details regarding your business, professional certifications, or other information (“User Information”) to the Service. You are solely responsible for the User Information that you post, upload, link to or otherwise make available via the Service.  You understand and agree that User Information and any Listings you post are only to include relevant information as requested by the Service and are not to include any other material or content, including without restriction:

·      You are solely responsible for your account and the activity that occurs while signed in to or while using your account, including the uploading or modification of User Information and/or any Listings;

·      Material or information that is malicious, libelous, false or inaccurate;

·      Material or information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive; or

·      Material or information that is copyrighted or subject to third party proprietary rights, including privacy, confidentiality obligations, publicity, trade secret, or others, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content;

 

By transmitting and submitting any User Information or Listing while using the Service, you further acknowledge and agree as follows:

·      You retain all ownership rights in your User Information and Listings but you are required to grant the following rights to the Site and to users of the Service as set forth more fully under the “License Grant” and “Intellectual Property” provisions below: When you upload or post User Information or a Listing to the Site or the Service, you grant to the Site a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that User Information and/or Listing in connection with the provision of the Service; and you grant to each user of the Service, a worldwide, non-exclusive, royalty-free license to access your User Information and Listing through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Information and Listing to the extent permitted by the Service and under these Terms of Use; and

·      You hereby agree that we have the right to determine whether your User Information and Listing submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice;

·      You accept full and complete liability for any inaccuracies, deliberate or otherwise, in any User Information and/or Listing you post, including those of Company to users and other third parties or created by other users acting upon such inaccurate User Information or Listing;

·      You hereby agree that we are only acting as a passive conduit for your online distribution and publication of your User Information and Listings. The Company, however, reserves the right to remove any User Information and Listings from the Service at its sole discretion; and

·      The Company does not, and cannot, pre-screen or monitor User Information or Listings. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service or with other Users.

You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Information and/or Listing that you make available or access through your use of the Service is solely your responsibility. The Site is not responsible for any public display or misuse of your User Information and/or Listing. You understand, acknowledge, and agree that part of the purpose of the Service is the disclosure of your User Information and Listings to other Users and specifically grant the Company permission to do so as provided in these Terms and the Privacy Policy

ONLINE CONTENT DISCLAIMER

Listings, opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Company, are those of their respective authors and users, and should not necessarily be relied upon. Such authors are solely responsible for such content.  The Company specifically disclaims, and you acknowledge that Company is not responsible for, Information submitted by other Users and shared with or provided to you as part of the operation of the Service.

We do not guarantee the accuracy, completeness, or usefulness of any information on the Site or the Service, including in any Listings, nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by other parties, including contained in Listings. We take no responsibility and assume no liability for any User Information that you, any other User or any third party posts or sends via the Service. We take no responsibility and assume no liability for any Listings that you, any other User or any third party posts or sends via the Service Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information, Listing, or other content posted on the Service, or transmitted to users.

Though we strive to enforce these Terms of Use, you may be exposed to User Information that is inaccurate or objectionable when you use or access the Site or the Service. We reserve the right, but have no obligation, to monitor the materials posted in the public areas of the Site or the Service or to limit or deny a user’s access to the Service or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. E-mails sent between you and other participants that are not readily accessible to the general public will be treated by us as private to the extent required by applicable law. The Company shall have the right to remove any material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of a misuse of our Service or violation of these Terms of Use, please contact us at info@iJustHeard.com.

LISTINGS

You are solely responsible for all Listings you make and all content therein.  All Listings must comply with all federal, state, and local laws and regulations, including, without restriction, advertising laws, non-discrimination laws, fairness-in-hiring laws, applicable labor laws, and transparency laws.  You agree that you will not post any:

·        Job Listings without a reasonable and legitimate intent to hire for a bona fide job opportunity or the specific position listed.

·        Listings that intentionally misrepresent the job, training, service, event, company, or poster.

·        Job Listings that do not clearly disclose that a position is for an independent contractor or is part-time, piecework, commission-based, or has otherwise nontraditional working conditions or compensation may constitute intentional misrepresentation.

·        Job Listings without possessing valid Federal or State Employer Identification Numbers, if applicable.

·        Job Listings that require applicants to pay for employment or otherwise bear costs related to employment in violation of applicable law.

·        Job Listings advertise employment positions, or otherwise engage in recruitment or hiring practices that would be a violation of the law in your state or locality, the state or locality where the job is to be performed, or the state of New Jersey.

·        Job Listings for positions located outside of the United States of America.

·        Job Listings that violate any applicable laws or regulations related to the prohibition of employment discrimination, or that violate applicable laws governing legal eligibility to work.

·        Service Listings for any service that would be a violation of the law in your state or locality, the state or locality where the job is to be performed, or the state of New Jersey.

  • Engage in illegal or fraudulent conduct.

LINKS TO OTHER SITES AND/OR MATERIALS

As part of the Service, we may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as Listings, content, or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. We have no control over Third Party Sites or Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply our approval or endorsement. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies, including these Terms of Use, no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site or relating to any applications you use or install from the Third Party Site.

LICENSE GRANT

By posting any User Information via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Information and your name, voice, and/or likeness as contained in your User Information, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.

INTELLECTUAL PROPERTY

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Use.

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