1. User's
Acknowledgment and Acceptance of Terms
Investigator
Jobs Portal, LLC (referred to as "us" or "we") provides the
website www.InvestigatorJobsPortal.com site and various related services
(together referred to as this "Site") subject to your compliance with
all the terms, conditions, and notices contained or referenced herein (the
"Terms of Use"), as well as any other written agreement between us
(or your company). In addition, when using particular services or materials on
this Site, users shall be subject to any posted guidelines or rules applicable
to such services or materials that may contain terms and conditions in addition
to those in these Terms of Use. All such guidelines or rules are hereby
incorporated by reference into these Terms of Use. Any user of this site shall
be referred to as “you” or “user” or any other grammatically appropriate term
referencing a user.
BY COMPLETING
THE REGISTRATION PROCESS AND/OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE
TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE EXIT
THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS,
SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS
TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR
AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES
EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.
BY COMPLETING
THE REGISTRATION PROCESS AND/OR USING THIS SITE, YOU AGREE YOU FURTHER AGREE
THAT YOU ARE OVER THE AGE OF EIGHTEEN (18) OR THE AGE OF MAJORITY WHERE YOU
LIVE.
These Terms
of Use are effective as of June 20, 2024. We reserve the right to change these
Terms of Use from time to time without notice to you. You acknowledge and agree
that it is your responsibility to review this Site and these Terms of Use
periodically and to be aware of any modifications. Your continued use of this
Site after such modifications will constitute your acknowledgment of the
modified Terms of Use and agreement to abide and be bound by the modified Terms
of Use.
As used in
these Terms of Use, references to our "Affiliates" include our
owners, subsidiaries, affiliated companies, officers, directors, suppliers,
partners, sponsors, and advertisers, and includes (without limitation) all
parties involved in creating, producing, and/or delivering this Site and/or its
contents.
2. Description
of Services
We make
various services available on or through this Site. If you are a business that
utilizes the services of private investigators, or if you are a private
investigation agency, these services include, but are not limited to, the ability
to post a job that requires the services of a private investigator. If you are
a private investigator, the services available on this Site may also include
the ability to accept such a job or subcontract a job to another private
investigator agency (the “Services”).
Modifications.
We reserve the sole right to either modify or discontinue the Site,
including any features therein, at any time with or without notice to you. We
shall not be liable to you or any third party, should we exercise such right.
Modifications may include, but are not limited to, changes in Site formatting,
Site storage, the addition of pricing structure, the addition of fee-based
services, or changes to limitations on allowable file sizes. Any new features
that augment or enhance the then-current services on this Site shall also be
subject to these Terms of Use.
Interruptions.
You understand and agree that temporary interruptions of the services
available through this Site may occur as normal events. You further understand
and agree that we have no control over third party networks you may access in
the course of the use of this Site, and therefore, delays and disruption of
other network transmissions are completely beyond our control.
You
understand and agree that the services available on this Site are provided
"AS IS" and that we assume no responsibility for the timeliness,
deletion, mis-delivery or failure to store any user communications or
personalization settings.
Licensing
of Private Investigators. When private investigators form an
account, they are required to provide their license number for their state. We
will use our best efforts to ensure they are licensed in the state when they
sign up for an account. But it is your responsibility to independently
verify that they are currently licensed.
Your Additional Acknowledgements. Other than as stated in these
Terms, you expressly acknowledge, agree, and understand that: (i) except for any
services we agree to, we are not a party to the dealings between you and any
other Site user, including the
substantive terms of posts, the selection of a private investigator, the
decision to contract with a private investigator, and the performance or
receipt of private investigator services or provisioning of any private
investigator product; (ii) we do not, in any way, supervise, direct, or control
the private investigator services; (iii) we make no representations as to the
quality, security, or legality of any private investigator or private
investigator product, and WE DISCLAIM ANY AND ALL LIABILITY RELATING THERETO;
(iv) we do not set private investigator’s work hours, work schedules, or
location of work; (vi) we will not provide private investigator with training
or any equipment, tools, labor, or materials needed to complete their work;
(vii) we do not provide the premises at which the private investigator will
perform the work; (viii) if there is a dispute between you and the private
investigator, that dispute is solely between you and the private investigator and
we will not be responsible or liable with respect to such dispute; (ix) neither
we nor our Affiliates is an employer of or joint employer or integrated or
single enterprise with any private investigator or with you; and (x) unless
otherwise agreed as part of the relevant agreement, independent contractor private
investigator(s) may hire employees or engage contractors or subcontractors (at
his or her sole expense) to assist with providing the private investigator
services. We make no representations about and do not guarantee the truth or
accuracy of any private investigator’s listings or services on the Site; the
ability of any private investigator to deliver the private investigator
services; or that you or the private investigator can or will actually complete
a transaction.
Private Investigator Acknowledgements. Other than as stated in
these Terms, if you are private
investigator using our Site you expressly acknowledge, agree, and understand
that: (i) except for any services we agree to perform, we are not a party to
the dealings between you and another Site user, including the substantive terms
of posts, the selection of a private investigator, the decision to contract
with a private investigator, and the performance or receipt of private
investigator services or provisioning of any private investigator work product;
(ii) we do not, in any way, supervise, direct, or control the private
investigator or private investigator services; (iii) we make no representations
as to the quality, security, or legality of any private investigator services
or private investigator work product, and WE DISCLAIM ANY AND ALL LIABILITY
RELATING THERETO; (iv) we do not set the private investigator’s work hours,
work schedules, or location of work; (vi) we will not provide private
investigator with training or any equipment, tools, labor, or materials needed
to complete their work; (vii) we do not provide the premises at which the private
investigator will perform the work; (viii) if there is a dispute between a Site
user and any private investigator, that dispute is solely between the Site user
and the private investigator and we will not be responsible or liable with
respect to such dispute; (ix) neither we nor our Affiliates is an employer of
or joint employer or integrated or single enterprise with any private
investigator or any Site user; and (x) unless otherwise agreed as part of the
relevant contract, independent contractor private investigator(s) may hire
employees or engage contractors or subcontractors (at his or her sole expense)
to assist with providing the private investigator services. We make no
representations about and do not guarantee the truth or accuracy of any listings
on the Site; the ability of a Site user to pay for the private investigator services;
or that any Site user or private investigator can or will actually complete a
transaction.
3. Registration
Data and Privacy
In order to
access the services on this Site, you may be required to create a separate
account and password that can be obtained by completing our online registration
form, which requests certain information and data ("Registration
Data") and maintaining and updating your Registration Data as required. By
registering, you agree that all information provided in the Registration Data
is true and accurate and that you will maintain and update this information as
required in order to keep it current, complete and accurate.
You also
grant us the right to disclose to third parties certain Registration Data about
you. The information we obtain through your use of this Site, including your
Registration Data, is subject to our Privacy Policy, which is specifically
incorporated by reference into these Terms of Use.
Who Can Create an Account.
We understand that people have some
rights to privacy. And we take reasonable steps to ensure that our Services are
not abused. For this reason, to create an account you must:
- Be over the age of eighteen (18), or the age of majority in
your location; and
- Be an authorized representative of a legitimate business,
organized under the organic laws of some jurisdiction; and/or
- Be licensed as a private investigator and/or private
investigation agency if required by your State’s laws.
Who Cannot Create an
Account. We try to make the
Site broadly available, but you cannot use the Site, even if you meet the
criteria above, if:
-
You are under eighteen
(18) years old;
-
You are a convicted
sex offender;
-
You have been
convicted of or cited for stalking, harassment or some similar offense, or any
offense that invades the privacy of another;
-
We have previously
disabled your account for violations of our Terms or other standards, or other
terms and policies that apply to your use of the Site. If we disable your
account for a violation of our Terms, other terms or policies, you agree not to
create another account without our permission. Receiving permission to create a
new account is provided at our sole discretion and does not mean or imply that
the disciplinary action was wrong or without cause;
-
You are prohibited
from receiving or using our Services under applicable laws.
Contacting You. Subject
to our Privacy Policy, your phone number is used for the purpose of delivering
authentication codes via text message. If you opt in for text message and/or
e-mail notifications for new jobs that are posted on Site or other account-related
updates, we will send you notifications only for your chosen updates. We do not
use your phone number for any other purposes, including marketing or
advertising. We may also share your information with our subcontractors and
support services, such as customer service.
4.
Account Suspension or Termination
If we determine, in our discretion, that you have clearly,
seriously or repeatedly breached our Terms or other policies, we may suspend or
permanently disable your access to the Site, and we may permanently disable or
delete your account. We may also disable or delete your account if we are
required to do so for legal reasons.
We may disable or delete your account if, after
registration, your account is not confirmed, your account is unused and remains
inactive for an extended period of time, or if we detect someone may have used
it without your permission and we are unable to confirm your ownership of the
account.
Where we take such an action we will let you know and
explain any options you have to request a review, unless doing so may expose us
or others to legal liability; harm to our Site or community of users;
compromise or interfere with the integrity or operation of any of our Services
or systems; where we are restricted due to technical limitations; or where we
are prohibited from doing so for legal reasons.
You can contact us if you think we have disabled your
account by mistake.
If you delete or we disable or delete your account, these
Terms shall terminate as an agreement between you and us, but the following
provisions will remain in place: 2, 3, 9-12, 17-19.
5. Conduct
on Site
Your use of
the Site is subject to all applicable laws and regulations, and you are solely
responsible for the contents of your communications and posts on or through the
Site. By posting information in or otherwise using the Services, any job board,
chat room, message board, newsgroup, or other interactive service that may be
available to you on or through this Site, you agree that you will not upload,
share, post, or otherwise distribute or facilitate distribution of any content
-- including text, communications, software, images, sounds, data, or other
information -- that:
(a) violates any state or
federal law, is otherwise unlawful, threatening, abusive, harassing,
defamatory, libelous, deceptive, fraudulent, tortious, contains explicit or
graphic descriptions or accounts of sexual acts (including but not limited to
sexual language of a violent or threatening nature directed at another
individual or group of individuals), or otherwise violates our rules or
policies;
(b) Victimizes, harasses,
degrades, or intimidates an individual or group of individuals on the basis of
religion, gender, sexual orientation, race, ethnicity, age, veteran status or
disability;
(c) Infringes on any patent,
trademark, trade secret, copyright, right of publicity, or other proprietary
right of any party;
(d) Constitutes unauthorized
or unsolicited advertising, junk or bulk email (also known as
"spamming"), chain letters, any other form of unauthorized
solicitation, or any form of lottery or gambling;
(e) Contains software viruses
or any other computer code, files, or programs that are designed or intended to
disrupt, damage, or limit the functioning of any software, hardware, or
telecommunications equipment or to damage or obtain unauthorized access to any
data or other information of any third party;
(f) Impersonates any person
or entity, including any of our employees or representatives; or
(g) Otherwise violates our
Terms of Service, our Privacy Policy, or any other rules applicable to your use
of the Site.
WE NEITHER
ENDORSE NOR ASSUME ANY LIABILITY FOR THE CONTENTS OF ANY MATERIAL UPLOADED OR
SUBMITTED BY USERS OF THE SITE. WE GENERALLY DO NOT PRE-SCREEN, MONITOR, OR
EDIT THE CONTENT POSTED BY USERS OF SERVICES, JOB BOARDS, CHAT ROOMS, MESSAGE
BOARDS, NEWSGROUPS, OR OTHER INTERACTIVE SERVICES THAT MAY BE AVAILABLE ON OR
THROUGH THIS SITE. However, we and our agents have the right, in our sole
discretion, to remove any content that, in our sole judgment, does not comply
with these Terms and any other rules of user conduct for our Site, or is
otherwise harmful, objectionable, or inaccurate. We are not responsible for any
failure or delay in removing such content. YOU HEREBY CONSENT TO SUCH REMOVAL
AND WAIVE ANY CLAIM AGAINST US ARISING OUT OF SUCH REMOVAL OF CONTENT. See
"Use of Your Materials" below for a description of the procedures to
be followed in the event that any party believes that content posted on this
Site infringes on any patent, trademark, trade secret, copyright, right of
publicity, or other proprietary right of any party.
In addition,
you may not use your account to breach the security of another account or
attempt to gain unauthorized access to another network or server. Not all areas
of the Site may be available to you or other authorized users of the Site. You
shall not interfere with anyone else's use and enjoyment of the Site or other
similar services. Users who violate systems or network security may incur
criminal or civil liability.
You agree
that we may at any time, and at our sole discretion, terminate your use of the
Site without prior notice to you for violating any of the above provisions. In
addition, you acknowledge that we will cooperate fully with investigations of
violations of systems or network security at other sites where you use our site
to breach or violate such systems or networks, including cooperating with law
enforcement authorities in investigating suspected criminal violations or
activity. For clarity’s sake, we will not disclose your confidential case information
to anyone without a subpoena, unless you use our Site to breach the security of
another site as described above.
6. Third
Party Sites and Information
This Site may
link you to other sites on the internet or otherwise include references to
information, documents, software, materials and/or services provided by other
parties. These sites may contain information or material that some people may
find inappropriate or offensive. These other sites and parties are not under
our control, and you acknowledge that we are not responsible for the accuracy,
copyright compliance, legality, decency, or any other aspect of the content of
such sites, nor are we responsible for errors or omissions in any references to
other parties or their products and services. The inclusion of such a link or
reference is provided merely as a convenience and does not imply endorsement
of, or association with, the site or party by us, or any warranty of any kind,
either express or implied.
7. Ownership
of Deliverables
As a condition for using this Site, if you
are a private investigator offering services, bidding on jobs, or
subcontracting services through this Site, you agree that the ownership of any
deliverables for services you perform, jobs you bid on, or services you
subcontract through the Site shall be with the client once the client has made
their full and final payment.
8. Intellectual
Property Information
Copyright 2024
The Investigator Jobs Portal, LLC. All Rights Reserved.
For purposes
of these Terms of Use, "content" is defined as any information,
communications, software, photos, video, graphics, music, sounds, and other
material and services that can be viewed by users on our Site.
By accepting
these Terms of Use, you acknowledge and agree that all content presented to you
as a component of the Site is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws, and is the sole property
of The Investigator Jobs Portal, LLC and/or its Affiliates (the “Site IP”). You
are only permitted to use the Site IP as expressly authorized by us or the
specific content provider. You may not copy, reproduce, modify, republish,
upload, post, transmit, or distribute any Site IP in any form or by any means
without prior written permission from us, and you are solely responsible for
obtaining permission before reusing any copyrighted material that is available
on this Site.
We do not,
however, claim ownership of any information or material used for posting a job
on or through the Site. By using the Site, however, you grant us an
unrestricted, royalty free license to use any such information posted by you
for our own internal business purposes. We understand the sensitive nature of
private investigations, though, and we will not publish or release such
information without your written consent.
Neither we or
our Affiliates warrant or represent that your use of materials displayed on, or
obtained through, this Site will not infringe the rights of third parties. See
"Use of Your Materials" below for a description of the procedures to
be followed in the event that any party believes that content posted on this
Site infringes on any patent, trademark, trade secret, copyright, right of
publicity, or other proprietary right of any party.
All custom
graphics, icons, logos and service names are registered trademarks, trademarks
or service marks of The Investigator Jobs Portal, LLC or its Affiliates. All
other trademarks or service marks are property of their respective owners.
Nothing in these Terms of Use grants you any right to use any trademark,
service mark, logo, and/or the name of The Investigator Jobs Portal or its
Affiliates.
You are encouraged to submit a review,
whether you are a client or private investigator. Leaving a review is an ideal
opportunity to ensure alignment of expectations and communication to resolve
any issues. The earlier you submit a review, the higher the likelihood for positive
outcomes by all parties.
You are also strongly encouraged to update
reviews as performance changes (improves or declines). Leaving accurate
feedback is important for a couple reasons. First, it gives the chance for the
client or the private investigator to improve in the performance of their
agreement. Second, reviews are public-facing and may affect whether other
clients or private investigators will wish to work with you in the future.
While reviews are an important part of
informing our users about other parties using the Site, WE ARE NOT RESPONSIBLE
FOR THEIR CONTENT. We may, in our sole discretion, remove or suppress a review
that violates these Terms, but we are under no obligation to do so. Furthermore,
you agree to indemnify us from and against any claim, cause of action or
damages that may result from your review, including indemnification against
attorney fees and court costs.
10. User's
Materials
We recommend
that you only share sensitive information directly with the private
investigator that you retain through the Site. Subject to our Privacy Policy,
any communication or material that you transmit through the Site or to us
directly, whether by email or other means, for any reason, will be treated as
non-confidential and non-proprietary. While you retain all rights in such
communications or material, you grant us and our designated licensees a
non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute,
display, perform, publish, translate, adapt, modify, and otherwise use such
material for any purpose regardless of the form or medium (now known or not
currently known) in which it is used.
Please do not
submit confidential or proprietary information to us unless we have mutually
agreed in writing otherwise. We are also unable to accept your unsolicited
ideas or proposals, so please do not submit them to us in any circumstance.
Copyright
Use and Permissions. We respect the intellectual property of others,
and we ask you to do the same. If you or any user of this Site believes its
copyright, trademark or other property rights have been infringed by a posting
on this Site, you or the user should send notification to our Designated Agent
(as identified below) immediately. To be effective, the notification must
include:
(a) A physical or electronic
signature of a person authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed'
(b) Identification of the
copyrighted work claimed to have been infringed;
(c) Information reasonably
sufficient to permit us to contact the complaining party, such as address,
telephone number and, if available, an electronic mail address at which the
complaining party may be contacted;
(d) Identification of the
material that is claimed to be infringing or to be subject to infringing
activity and that is to be removed and information reasonably sufficient to
permit us to locate the materials;
(e) A statement that the
complaining party has a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, agent, or the
law; and
(f) A statement that the
information in the notification is accurate and, under penalty of perjury, that
the complaining party is authorized to act on behalf of the owner of an
exclusive right that is allegedly infringing.
Pursuant to
the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated
Agent for Notice of claims of copyright infringement can be reached as
indicated below. Service of repeat infringers of copyright or of users about
whom repeat claims of copyright infringement are received will be terminated.
Designated
Agent for Claimed Infringement:
The Investigator
Jobs Portal, LLC
info@investigatorjobsportal.com
You
acknowledge and agree that upon receipt of a notice of a claim of copyright
infringement, we may immediately remove the identified materials from our Site
without liability to you or any other party and that the claims of the
complaining party and the party that originally posted the materials will be
referred to the United States Copyright Office for adjudication as provided in
the Digital Millennium Copyright Act.
11. Disclaimer
of Warranties
ALL MATERIALS,
INFORMATION, AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR THE WARRANTY OF
NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (a)
THE MATERIALS, INFORMATION, AND SERVICES WILL MEET YOUR REQUIREMENTS, (b) THE MATERIALS,
INFORMATION, AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MATERIALS,
INFORMATION, AND SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (d) THE
QUALITY OF ANY MATERIALS, INFORMATION, AND SERVICES PURCHASED OR OBTAINED BY
YOU FROM THE SITE FROM US, OUR AFFILIATES OR INDIVIDUAL PRIVATE INVESTIGATORS WILL
MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE
COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL
ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS, INFORMATION, AND SERVICES ON THIS
SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR SERVICES LISTED
HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY
BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF
THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH
THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOU, YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
ADDITIONALLY,
WE DO NOT GUARANTEE THAT EACH PRIVATE INVESTIGATOR THAT HAS AN ACCOUNT ON OUR
SITE IS A LICENSED PRIVATE INVESTIGATOR. IT IS YOUR REPSONSIBLITY TO VERIFY
THEIR LICENSE BEFORE YOU ENTER INTO ANY SORT OF TRANSACTION WITH THAT PERSON.
We are a technology company. We do not
control or direct any of the private investigators that you may retain through
the Site. As such, WE ARE NOT RESPONSIBLE FOR THEIR ACTIONS, CONDUCT,
EFFECTIVENESS, RESULTS, OR ANY OUTCOMES FOR THEIR WORK. The private
investigators that use the Site are just users of the Site, just like you. They
are not our agents, they cannot speak for us, nor can they bind us in any way.
YOUR RELIANCE ON ANYTHING A PRIVATE INVESTIGATOR TELLS YOU IS DONE SO AT YOUR
OWN RISK.
Through your
use of the Site, you may have the opportunities to engage in commercial
transactions with other users and vendors. You acknowledge that all
transactions relating to any merchandise or services offered by any party,
including, but not limited to the purchase terms, payment terms, warranties,
guarantees, maintenance and delivery terms relating to such transactions, are
agreed to solely between the seller or purchaser of such merchandise and
services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED
THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT
SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS
PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION
AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH
THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
Content
available through this Site often represents the opinions and judgments of an
information provider, Site user, or other person or entity not connected with
The Investigator Jobs Portal, LLC. We do not endorse, nor are we responsible
for the accuracy or reliability of, any opinion, advice, or statement made by
anyone other than an authorized spokesperson of The Investigator Jobs Portal,
LLC, speaking in his/her official capacity.
12. Limitation
of Liability
Your
exclusive remedy and our entire liability, if any, for any claims arising out
of these Terms of Use and your use of this Site shall be limited to the amount
you paid us for the services on the Site during the one (1) month period before
the act giving rise to the liability.
IN NO EVENT
SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL,
PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY
DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF
USE, DATA OR PROFITS, RELIANCE ON ANY INFORMATION PROVIDED ON OR THROUGH THE
SITE, ANY INFORMATION PROVIDED BY OUR AGENTS, ANY INFORMATION PROVIDED BY A
PRIVATE INVESTIGATOR, NOR FOR ANY ANTICIPATED RESULTS OF ANY SERVICES PROVIDED
ON OR THROUGH THE SITE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN
CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO
FROM THIS SITE.
FURTHER, WE
SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED
THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS
THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME
JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU.
13. Indemnification
Upon a
request by us, you agree to defend, indemnify, and hold us and our Affiliates
harmless from all liabilities, claims, and expenses, including attorney's fees,
which arise from your use or misuse of this Site. We reserve the right, at our
own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will cooperate
with us in asserting any available defenses.
14. Use
of Site and Storage of Material
You acknowledge
that we may establish general practices and limits concerning use of the Services
available on our Site, including without limitation the maximum number of days
that uploaded content will be retained on the Site, the maximum disk space that
will be allotted on your behalf, and the maximum number of times (and the
maximum duration for which) you may access the services in a given period of
time. You agree that we have no responsibility or liability for the deletion or
failure to store any content maintained or transmitted on or through this Site.
You acknowledge that we reserve the right to shut down accounts which have not
paid any fees or that are inactive for an extended period of time. You further
acknowledge that we reserve the right to change these general practices and
limits at any time, in our sole discretion, with or without notice.
We may provide
storage space and access for material through our Site. For purposes of these
Terms of Use, "material" refers to all forms of communication that we
may allow, including narrative descriptions, documents, graphics (including
photographs, illustrations, images, drawings, logos), video recordings, and
audio recordings. You may not use this Site to publish material that we
determine, at our sole discretion, to be unlawful, indecent, or objectionable,
or which violates the restrictions described in "Your Conduct on the
Site" above. We will not routinely monitor the contents of your online
portfolio. You are solely responsible for any information contained in your
online accounts.
The accounts of
our users operate on shared resources. Excessive use or abuse of these shared
network resources by one user may have a negative impact on all other users. Misuse
of network resources in a manner that impairs network performance, including
excessive consumption of CPU time, memory, disk space, and session time, is
prohibited and may result in termination of your account or limitation of your
activities.
This Site is not
designed or intended to be used as a disaster recovery facility or as an
emergency data storage facility. Although we take reasonable precautions to
preserve and protect the material you upload to the Site, you should not rely
on the Site as your only storage facility. You should preserve backup copies of
any digital data, information or other materials that you have uploaded. You
agree not to hold us responsible for any damage to, any deletion of or any
failure to store your files, data or Registration Data.
15. Security
and Password
You are
solely responsible for maintaining the confidentiality of your password and
account and for any and all statements made and acts or omissions that occur
through the use of your password and account. Therefore, you must take steps to
ensure that others do not gain access to your password and account. Our
personnel will never ask you for your password. You may not transfer or share
your account with anyone, and we reserve the right to immediately terminate
your account in the event of any unauthorized transfer or sharing thereof.
16. International
Use
Although this
Site may be accessible worldwide, we make no representation that materials on
this Site are appropriate or available for use in locations outside the United
States and accessing them from territories where their contents are illegal is
prohibited. Those who choose to access this Site from other locations do so on
their own initiative and are responsible for compliance with local laws. Any
offer for any product, service, and/or information made in connection with this
Site is void where prohibited.
17. Termination
of Use
You agree
that we may, in our sole discretion, terminate or suspend your access to all or
part of the Site with or without notice and for any reason, including, without
limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or
illegal activity may be grounds for terminating your relationship and you may
be referred to appropriate law enforcement authorities.
Upon
termination or suspension, regardless of the reasons therefore, your right to
use the Services available on this Site immediately ceases, and you acknowledge
and agree that we may immediately deactivate or delete your account and all
related information and files in your account and/or bar any further access to
such files or this Site. We shall not be liable to you or any third party for
any claims or damages arising out of any termination or suspension, or any
other actions taken by us in connection therewith. These Terms of Use, as well
as your liability for any unpaid fees, shall survive any termination.
18. Governing
Law; Venue
This Site
(excluding any linked sites) is controlled by us from our offices within the
State of Florida, United States of America. It can be accessed from all 50
states, as well as from other countries around the world. As each of these
places has laws that may differ from those of Florida, by accessing this Site
both of us agree that the statutes and laws of the State of Florida, without
regard to its choice or conflict of laws principles,
will apply to all matters relating to the use of this Site and the purchase
of products and services available through this Site. Each of us agrees and
hereby submits to the exclusive personal jurisdiction and venue of the District
Court of Miami-Dade County, Florida and the United States District Court for
the Southern District of Florida with respect to such matters.
19. Notices
All notices
to a party shall be in writing and shall be made either via email or
conventional mail. Notices to us must be sent via email to Support/Customer
Service at info@InvestigatorJobsPortal.com. Notices to you may be sent either
to the email address supplied for your account or to the address supplied by
you as part of your Registration Data. In addition, we may broadcast notices or
messages through the Site to inform you of changes to the Site or other matters
of importance, and such broadcasts shall constitute notice to you.
Any notices
or communication under these Terms of Use will be deemed delivered to the party
receiving such communication (a) on the delivery date if delivered personally
to the party; (b) two business days after deposit with a commercial overnight
carrier, with written verification of receipt; (c) five business days after the
mailing date, if sent by US mail, return receipt requested; (d) on the delivery
date if transmitted by confirmed facsimile; or (e) on the delivery date if
transmitted by confirmed email.
20. Entire
Agreement
These terms
and conditions constitute the entire agreement and understanding between us
concerning the subject matter hereof and supersedes all prior agreements and
understandings of the parties with respect thereto. These Terms of Use may NOT
be altered, supplemented, or amended by the use of any other document(s). Any
attempt to alter, supplement or amend this document or to enter an order for
products or services which are subject to additional or altered terms and
conditions shall be null and void, unless otherwise agreed to in a written
agreement signed by you and us. To the extent that anything in or associated
with this Site is in conflict or inconsistent with these Terms of Use, these
Terms of Use shall take precedence.
21. Miscellaneous
Supplemental
Terms. Some Services may be governed by supplemental terms.
Username Change. We may need to change the
username for your account in certain circumstances (for example, if someone
else claims the username and it appears unrelated to the name you use in
everyday life).
Timeline
for Disputes. In any action to enforce these Terms of Use, the
prevailing party will be entitled to costs and attorneys' fees. Any cause of
action brought by you against us, or our Affiliates, must be instituted within
one (1) year after the cause of action arises or be deemed forever waived and
barred.
No Assignment or Third-Party
Beneficiary. You
may not assign your rights and obligations under these Terms of Use to any
party, and any purported attempt to do so shall be null and void. We may freely
assign our rights and obligations under these Terms of Use. These Terms do not
confer any third-party beneficiary rights. All of our rights and obligations
under these Terms are freely assignable by us in connection with a merger,
acquisition, or sale of assets, or by operation of law or otherwise.
No
Copying. You agree not to sell, resell, reproduce, duplicate, copy or
use for any commercial purposes any portion of this Site, or use of or access
to this Site.
Force
Majeure. In addition to any excuse provided by applicable law, we shall
be excused from liability for non-delivery or delay in delivery of products and
services available through our Site arising from any event beyond our
reasonable control, whether or not foreseeable by either party, including but
not limited to, labor disturbance, war, fire, accident, adverse weather,
inability to secure transportation, governmental act or regulation, pandemic,
epidemic, and other causes or events beyond our reasonable control, whether or
not similar to those which are enumerated above.
Severability.
If any part of these Terms of Use is held invalid or unenforceable,
that portion shall be construed in a manner consistent with applicable law to
reflect, as nearly as possible, the original intentions of the parties, and the
remaining portions shall remain in full force and effect.
No
Waiver. Any failure by us to enforce or exercise any provision of these
Terms of Use or related rights shall not constitute a waiver of that right or
provision.
Reservation
of Rights. We reserve all rights not expressly granted to you.
22. Contact
Information
Except as explicitly noted on this Site, the Services
available through this Site are offered by Investigator Jobs Portal, LLC a
Florida limited liability company. You may contact us at info@InvestigatorJobsPortal.com.
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