By accessing the website currently located at www.invets.org (the “Site”), using the INvets application (the “Application”) through the Site or directly at https://app.invets.org, or by accessing any other INvets service (the “Services”), You are entering into a legally binding contract with INvets, and will be bound by this Agreement. If You do not consent to be bound by this Agreement, You are not authorized to use this Site, the Application, or the Services.
YOU USE THE INVETS SITE, APPLICATION AND SERVICES AT YOUR OWN RISK.
INvets may modify this Agreement from time to time. While INvets will endeavor to notify You of material changes to this Agreement, it is Your responsibility to ensure that You consent to the terms of the then-current Agreement. Your continued use of the Application, Site, or Services will constitute Your acceptance of any modifications.
INvets offers job seekers (“Candidates”) and prospective employers (“Employers”) (collectively, “User” or “You”) certain Services described on the Site and the Application. The Application consists of the following, without limitation:
- A Service for Candidates seeking connection with employment opportunities with Indiana based Employers, which may include in-person interaction with INvets staff;
- A Service for Employers to connect with veterans and their spouses; and
- Any other related Services offered by or on behalf of INvets.
From time to time, INvets may revise existing or offer additional Services at its discretion, and without further notice. Unless otherwise exempted in writing, this Agreement will apply to all additional or revised Services. INvets also reserves the right to cease offering any Service.
- To use the Application and Services, You must be and You represent and warrant that:
- You are at least 18 years old at the time You use or register to use the Application, Site, or Services;
- You will only share information with INvets, or post information on the Site or through the Application, that You have the right or authorization to share;
- The information You provide to INvets and post on the Site or though the Application is accurate and is not false or misleading in any manner; and
- Your registration and use of the Application, Site, or Services does not violate any applicable law, regulation, or legal obligation to a third party.
Use of the Application, Site, and Services
As a Candidate and user of the Application, Site, or Services, you must be a veteran of the United States Armed Services, an active duty service member, or the spouse of one.
Posting and Communication Restrictions.
Information You post should relate only to Yourself, if a Candidate, or Your organization, if an Employer. You will not post on or transmit through the Application to other Users any content that:
- Is in any way unlawful, or promotes or enables illegal or unlawful activities;
- is unprofessional or is unrelated to the purpose of seeking and/or filling employment opportunities;
- promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
- is intended to or tends to harass, annoy, threaten, intimidate, defraud, or deceive any other users of the Application, Site, or Services;
- is defamatory, abusive, obscene, profane, overtly sexual, obscene, harmful, harassing, or otherwise unreasonably objectionable;
- contains information or images/representations of another person (whether video, audio photographs, still images or otherwise) without his or her permission (or in the case of a minor, the minor’s legal guardian);
- is in any way used for: (a) scripts, bots, or other automated technology to access the Site or Application; (b) viruses, time bombs, trojan horses, cancelbots, worms or other harmful or disruptive codes, components, or devices; (c) spamming, skimming, phishing, trolling, chain letter, junk mail, or related activities;
- uses the Site or Application to contact applicants regarding jobs or consultancy opportunities: (a) that require any form of payment to apply; (b) that require the recruitment of others to apply; (c) that request the donation or use of human body parts (including egg donation and surrogacy services); (d) violate laws that regulate multi-level marketing, or any similar type of arrangement; or (e) that make citizenship or permanent residency a condition of employment if not required by applicable law;
- reverse engineers or attempts to derive the proprietary source code of the Application or Site;
- interferes or overrides any security feature of the Application or Site; or
- otherwise violates the terms of this Agreement, in letter or spirit.
Exclusive Account Use.
Exclusive use requirements are as follows:
- If You are a Candidate, Your account is for Your personal use only. You may not authorize others to access or use Your account, provide Your log-in credentials (including User name or password) to another individual, or create an account for another individual. You acknowledge that You are solely responsible for the security of Your log-in credentials and that INvets is not responsible for third party access to Your account that results from or is related to theft or misappropriation of Your account access information. You may have only one unique profile. Your use of the Application must be for bona fide career enhancement, career search, or acquiring information about the labor market or individual employability prospects. You assume liability for any risks or breaches, as defined by applicable law, associated with Your account that directly or indirectly arise from Your use of the Application, Site, or Services.
- If You are an Employer, You may authorize multiple Users (subject to any restriction on the number of Users that INvets may assign to You) to access Your account and utilize the Application’s recruitment functions. The Employer must assign administrative access and control to a single Administrative User. In addition to the access provided to Users, the Administrative User is authorized to define profile attributes and functional preferences for the Employer account. You may not authorize others to access, create an account for another, or use Your account, except as described. INvets is not responsible for third party access to Your account that results from theft or misappropriation of Your account access information.
All Users with access and control to Your profile must use the Application for bona fide candidate search and hiring purposes. You assume liability for any risks or breaches associated with Your account that directly or indirectly arise from Your or Your Users’ use of the Application, Site, or Services.
Risk Assumption and Precautions.
You are solely responsible for taking all necessary precautions when communicating with and/or meeting others through the Site or within the Application, including interactions that arise from Your Use of the Site, Application, or Services.
Liability Concerning Information Submitted and Received.
You are solely responsible for, and assume all liability regarding, and waive any liability of INvets, its officers, employees, directors, agents, and representatives relating to, the information and content You contribute, post, transmit, publish, or otherwise make available through the Site or within the Application.
INvets makes NO GUARANTEES, either express or implied, as to the following:
- For Candidates, the number, frequency, availability, or compatibility of potential jobs available via the Site, Application or Services;
- For Employers, the number, frequency, availability, qualifications, employability, or compatibility of potential Candidates provided via the Site, Application, or Services.
Third Party Connections.
We may provide You with the option to connect Your Application account to Your account on other professional or social networking apps or sites (such as LinkedIn) for logging in, uploading information, or enabling certain features on the Application (“Connected Site”).
- You will be able to disconnect from any Connected Site through the Application Account Settings page.
Connected Site features on the Application are subject to continuous change and improvement, and therefore may be changed or updated without express notice to You.
Reporting of Violations.
You shall promptly report to INvets any known or suspected violation of this Agreement by others, including other Users, to firstname.lastname@example.org.
The Application, Site, and Services are intended for use only in the United States. You will use the Application, Site, and Services in a manner consistent with this Agreement and all applicable laws and regulations. By using the Application, Site, and Services, You represent that You have not been designated by the United States government as a “Specially Designated National” or other person to whom the provisions of the Services are prohibited. Registration for, and use of, the Application, Site, and Services are void where prohibited. You are responsible for determining whether Your use of the Application, Site, or Services is legal in Your jurisdiction and assume any and all liability arising from jurisdictional violations or noncompliance.
INvets reserves the right, but has no obligation, to: monitor the information or material You submit to or post through or within the Application or Site; remove any such information, content, or material that in its sole opinion may violate any applicable law or part of this Agreement or upon the request of another; or remove User profiles to ensure a quality experience on the Application or Site.
Limitations on Oversight and Enforcements.
INvets generally cannot prevent violations of this Agreement or misuse of the Application. By using the Application, You may be exposed to inaccurate, misleading, offensive, or harmful content, including content in violation of this Agreement. INvets cannot be and is not responsible and is not liable for the conduct of other Users on the Application.
Account Term and Termination.
This Agreement shall remain in force until terminated. Either You or INvets may suspend, limit, or terminate Your access to Your Application account at any time, for any reason or no reason, without explanation, effective upon sending emailed notice to the other party. If INvets terminates Your account, notice will be sent to the email address then associated with the account at issue.
Proprietary Information and Intellectual Property.
INvets owns and hereby retains all proprietary rights and intellectual property in the Application, the Site, and the Services. Your access or use of the Application, Site, or Services does not in any way grant You ownership rights to any of INvets’ proprietary content or information, or intellectual property. Trademarks, logos, graphics, service marks, and trade dress accessed in connection with the Application, Site, or Services are the property of their respective owners.
Grant of License to Posted or Accessed Content.
By posting information or content to any of the Site or Application, or making it accessible to us by linking Your Application account to any of Your Connected Sites, You automatically grant, and You represent and warrant that You have the right to grant, to INvets, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.
Disclosure by Law.
INvets may disclose information You provide if required by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure will benefit efforts to:
- comply with the law, requests or orders from law enforcement, or any legal process;
- protect or defend INvets’ or a third party’s rights or property; or
- protect someone’s health or safety.
Use of Anonymous Information for Research.
INvets may use de-identified information associated with Your account, profile, and User experiences through the Application. All of Your information will be processed and used in compliance with applicable laws prior to publication in research or any public-facing medium. This information will be used to support INvets ‘s research initiatives and make improvements to the Application, Site, and Services.
Disclaimer of Warranties
THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. INVETS PROVIDES THE SERVICES, SITE, AND APPLICATION ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE APPLICATION, THE SERVICES, AND THE SITE. INVETS DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. INVETS DOES NOT WARRANT THAT YOUR USE OF THE APPLICATION, SITE, OR SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. INVETS IS NOT LIABLE FOR AND MAKES NO WARRANTY REGARDING THE CONNECTIVITY AND AVAILABILITY OF THE APPLICATION, SITE, OR SERVICES.
Limitation of Liability
Incidental Damages and Aggregate Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL INVETS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, APPLICATION OR THE SITE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF INVETS KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL INVETS’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE APPLICATION OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID INVETS FOR THE USE OF ANY SERVICES, THE AMOUNT OF US$25.00 OR ITS EQUIVALENT.
No Liability for Non-INvets Actions.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE INVETS FROM ANY AND ALL CLAIMS AND SHALL NOT HOLD INVETS LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE APPLICATION, SITE, OR SERVICES, INCLUDING WITHOUT LIMITATION, FINANCIAL LOSS, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, THOSE THAT MAY RESULT FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE APPLICATION, SITE, OR SERVICES.
You shall indemnify, defend and hold harmless INvets, its subsidiary and parent organizations, its affiliates, and each of their officers, directors, employees, agents and related third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any third-party claim that arises from:
- Your use of or inability to use the Services, Site or Application,
- any postings made by You,
- Your violation of this Agreement or of the rights of a third party, or
- Your violation of any applicable laws, rules or regulations.
INvets reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with INvets in asserting any available defenses.
If You send or post unsolicited bulk email, “spam,” or other unsolicited communications of any kind through the Application, You acknowledge that You will have caused substantial harm to INvets, but that the amount of such harm will be very difficult to ascertain, entitling INvets to seek injunctive relief in addition to money damages.
Complaints / Questions/Law Enforcement Contact
To resolve complaints or if You have any questions regarding the Service, You should contact us by email at the following email address: email@example.com. Law enforcement officials may send correspondence to INvets via mail to 111 Monument Circle, Suite 1800 Indianapolis, IN 46204.
Arbitration of Disputes.
Any disputes arising out of or related to the Application, Site, Services, this Agreement, and/or any related policies of INvets (a “Dispute”) will be subject to FINAL AND BINDING ARBITRATION and may only be resolved through an individual arbitration governed by the Federal Arbitration Act, to the maximum extent permitted by applicable law, provided, however, that INvets may elect to have claims of intellectual property infringement resolved by means other than arbitration. Notwithstanding the above, INvets will be entitled to seek extraordinary relief by injunction in court to avoid irreparable harm. EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, WE ARE EACH GIVING UP OUR RIGHT TO GO TO COURT in connection with any Dispute and our rights will be determined by a NEUTRAL ARBITRATOR, INSTEAD OF A JUDGE OR JURY. Notwithstanding the above, INvets prefers to resolve any Dispute by amicable and informal means. Therefore, we request that You contact us at firstname.lastname@example.org to resolve any Dispute(s) before You pursue arbitration.
One Year Period to Commence a Dispute.
A Dispute must be filed within one (1) year after the date in which the incident giving rise to the Dispute occurred. Failure to file an arbitration claim or court action as described above within the applicable limitations period constitutes a waiver of such claim and serves as complete bar to any claim based on any Dispute.
No Class Actions.
NEITHER YOU NOR INVETS WILL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE WITH THE OTHER PARTY, and neither of us consents to class arbitration or any arbitration where a person brings a dispute as a representative of other person(s).
If the parties are unable to resolve a Dispute by informal means, the arbitration of Disputes will be administered by the American Arbitration Association (AAA), a non-profit organization not affiliated with INvets, in accordance with its Commercial Arbitration Rules.
This Agreement comprises the entire agreement between You and INvets regarding Your use of the Application, Site, and Services, and supersedes any prior contracts or agreements between You and INvets related to Your use of the Application, Site, and Services (including any prior versions of this Agreement), whether written or oral.
The failure of INvets to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision.
Severance of Invalid Provisions.
If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect.
INvets Employer Status.
A reference to employment, jobs, internships, or hiring in the Application is attributable to the Employer that makes the employment opportunity available within the Application. INvets will never conduct its hiring or employment-related activities through the Application.
This Agreement was last revised on November 20, 2017