AcademicJobs End User License Agreement
AcademicJobs End User License Agreement
And Legal Disclaimer
This terms of service is a legal contract between you and AcademicJobs (www.academicjobs.me) owned and managed by Leverage Consulting SAL (both referred to as “AcedemicJobs’), governing your use of our web services (or mobile / web software) ("AcademicJobs Service"), owned, controlled or offered by AcademicJobs.me
PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF SERVICE.
BY USING THE ACADEMICJOBS SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS TERMS OF SERVICE, PLEASE CEASE USING THE ACADEMICJOBS SERVICES IMMEDIATELY.
All AcademicJobs services are made accessible and provided to you for personal use and not sold. AcademicJobs grants you a personal, non-exclusive, non-transferable service and non-sub licensable license to merely use the AcademicJobs service only for your personal or internal business use. You will retain all ownership rights in User Data that you transfer to AcademicJobs for data protection.
You agree to obey all the applicable laws and international norms in regards to the use of AcademicJobs website. You shall bear the sole and full liability for the completeness, consistency, accuracy, validity and timeliness of any and all personal data and information provided to us or directly published on our website. AcademicJobs assumes no responsibility in this respect nor for any misuse of our website. You agree that AcademicJobs is not responsible to accept any liability for any damages. As soon as you avail yourself of AcademicJobs service, you agree to obey and abide by AcademicJobs Policies and all the laws of your country and to assume all responsibilities with respect to the use of AcademicJobs.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE, AND ANY PRODUCTS OR SERVICES MADE AVAILABLE ON THE SITE, IS AT YOUR SOLE RISK. THIS SITE, INCLUDING THE PRODUCTS AND SERVICES MADE AVAILABLE ON AND THROUGH THE SITE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SITE, INCLUDING, THE PRODUCTS AND SERVICES MADE AVAILABLE ON AND THROUGH THE SITE, WILL MEET YOUR REQUIREMENTS (OR GUARANTEEING ANY JOB) OR WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE OR SUCH PRODUCTS OR SERVICES WILL BE ACCURATE OR RELIABLE, THAT THE QUALITY OF ANY INFORMATION OR MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR SUCH PRODUCTS OR SERVICES WILL MEET YOUR EXPECTATIONS, AND THAT ANY ERRORS IN THE SITE OR SUCH PRODUCTS OR SERVICES WILL BE CORRECTED. YOU FURTHER ACKNOWLEDGE AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SUCH PRODUCTS OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE OR SUCH PRODUCTS OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. WE DO NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SITE OR SUCH PRODUCTS OR SERVICES, AND, THEREFORE, WE SPECIFICALLY DISCLAIM ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION. WE ALSO DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE OR SUCH PRODUCTS OR SERVICES. WE DO NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, MATERIALS, SERVICES, PRODUCTS (INCLUDING ANY SOFTWARE) INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE FREE OF VIRUSES, CONTAMINATION, DESTRUCTIVE FEATURES OR OTHER HARMFUL COMPONENTS. YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE SITE OR SUCH PRODUCTS OR SERVICES PROVIDED OR MADE AVAILABLE TO YOU ON THE SITE IS TO STOP USING THE SITE OR SUCH PRODUCTS OR SERVICES, AS APPLICABLE. THE FOREGOING LIMITATION OF RELIEF IS AN ESSENTIAL PART OF THE BARGAIN BETWEEN YOU AND US UNDER THESE TERMS.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND OUR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AGENTS, OFFICERS, AND DIRECTORS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLE FORESEEABLE), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE, OR ANY PRODUCTS OR SERVICES MADE AVAILABLE ON THE SITE; (II) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN, THROUGH OR FROM THE SITE (INCLUDING PRODUCTS AND SERVICES MADE AVAILABLE ON THE SITE), (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE IMPROPER AUTHORIZATION FOR THE PRODUCTS AND/OR SERVICES OFFERED ON THE SITE BY SOMEONE CLAIMING SUCH AUTHORITY; OR (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE.
IN NO EVENT SHALL THE COLLECTIVE LIABILITY OF US AND OUR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AGENTS, OFFICERS, AND DIRECTORS TO OR THROUGH YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT EXCEED THE TOTAL AMOUNT WE RECEIVED FROM YOUR END AS SUBSCRIPTION OR FOR ANY PARTICULAR SERVICE.
You agree to indemnify, defend, and hold harmless us, our affiliates, our subsidiaries, and each of our and their respective shareholders, members, managers, directors, officers, employees, personnel, agents, successors and assigns (collectively, the “AcademicJobs Parties”) from and against any and all claims, allegations, demands, actions, causes of action, lawsuits, investigations and proceedings (including any and all liability, damages, costs, expenses (including reasonable attorneys’ fees), settlements, fines, penalties and losses of any kind or nature whatsoever resulting from any of the foregoing) arising out of or in connection with: (i) your violation of AcademicJobs Policies’ Terms and Conditions or other documents incorporated herein by reference; (ii) your use of the Site, and/or any products or services made available on the Site; (iii) your violation of another person’s rights; (iv) your violation of applicable law; or (v) any claim related to your user content, including a claim that your user content caused damage to another person. This indemnification obligation will continue after you stop using the Site and/or our products or services made available on the Site. In addition, you release the AcademicJobs Parties from all claims, demands, actions, or suits in connection with your user content, including any liability related to the AcademicJobs Parties’ use or non-use of your user content, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached of our Policies’ Terms and Conditions, for any failure or delay in our performance under the said Terms and Conditions when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers, inability to obtain or delay in obtaining adequate or suitable supplies, breakdown of materials or telecommunications, or power outage.
AcademicJobs entire Policies’ Terms and Conditions and your use of this Site shall be governed by and construed for both substantive and procedural purposes in accordance with the laws of Lebanon, without giving effect to any principles of any choice or conflict of law provision or rule that would cause the laws of any jurisdiction other than those of Lebanon to apply.
Timing of Claims
Any cause of action or claim you may have with respect to this Site (including, but not limited to, the purchase of any products and/or services) must be commenced within three (3) months after the claim or cause of action arises.
Arbitration and Venue
Any dispute relating in any way to your dealing with our Site shall be submitted to confidential arbitration to Tripoli Chamber of Commerce in Lebanon, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state, and you consent to jurisdiction and venue in such courts. Arbitration under AcademicJobs Policies’ Terms and Conditions shall be conducted under the arbitration rules of Beirut Chamber of Commerce and before a single arbitrator, in the English language.
Ultimately, the selected arbitrator must have expertise in the subject matter of the dispute. The expenses of the arbitration charged by the arbitrator shall be borne by the unsuccessful party or otherwise as appropriately allocated between the parties to the arbitration by the arbitrator in his or her discretion. However, in every other regard, each party shall pay for and bear its own costs and legal fees, costs, and expenses. The arbitration shall be completed within ninety (90) days of either giving notice or filing a demand to arbitrate with the Beirut Chamber of Commerce (whichever shall first occur).
The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The testimony, evidence, ruling, and all documentation regarding any arbitration shall be considered confidential information. Neither party may use, disclose, or divulge any such information unless otherwise required by law.