TERMS OF USEJOBLYT LLC

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR WEBSITE OR SERVICES.

Last Modified: November 21, 2022.

ACCEPTANCE OF THE TERMS OF USE

Welcome to JOBLYT LLC’s (our “Company”, “we”, “us”, or “our”) AI-powered conversational marketing platform. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of our platform and any Services (defined below) offered through our Company on or through https://zyratalk.com and all subdomains thereof (collectively, our “Website”), whether as a guest or a registered user. “You” and “your” refer to you, as a user of our Website. A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses our Website. “Services” refers to all services provided by us, including, without limitation, all applications or application plug-ins (the “Applications”), features, functionality, and content provided through the Website, whether or not provided pursuant to a Platform Subscription Agreement (“PSA”) or similar agreement between you or your employer and our Company.

Please read these Terms of Use carefully before you use our Website or otherwise seek Services. By using our Website, you accept and agree to be bound and abide by: (a) these Terms of Use and our Privacy Policy https://cdn.zyratalk.com/privacy-policy; and (b) all applicable laws and regulations, including United States Export and Re-Export Control laws and regulations. If you do not agree to these Terms of Use or our Privacy Policy https://cdn.zyratalk.com/privacy-policy, you must not access or use our Website or the Services.

Our Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using our Website, you represent and warrant that you are of legal age to form a binding contract with our Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use our Website.
THESE TERMS OF USE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

CHANGES TO THE TERMS OF USE

We may revise and update these Terms of Use from time to time, in our sole and absolute discretion. All changes are effective immediately when we post them and apply to all access to and use of our Website thereafter. Your continued use of our Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access our Website so that you are aware of any changes to these Terms of Use, as they are binding on you. It is your responsibility to review these Terms of Use periodically. IF YOU FIND THESE TERMS OF USE UNACCEPTABLE OR IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE OUR WEBSITE OR THE SERVICES.

USE OF INFORMATION

With respect to the provision of the Services, you may provide us with certain personal information (such as name, postal address, e-mail address, or telephone number) and certain business information (such as name, property information, postal addresses, e-mail address, or telephone number). By providing such personal information and business information to us, you verify that such information is true and accurate as of the date of submission.

PRIVACY POLICY

We seek to respect your privacy and permit you to control the treatment of your personal information and business information. A complete statement of our current Privacy Policy can be found here: https://cdn.zyratalk.com/privacy-policy. Our Privacy Policy is expressly incorporated into these Terms of Use by reference.

In connection with the use of our Website, you may be asked to provide personal information in a questionnaire, application, form, or similar document or service. This information will be protected pursuant to our Privacy Policy https://cdn.zyratalk.com/privacy-policy. In addition, you grant us a worldwide, royalty-free, nonexclusive, and fully sublicensable license to use, distribute, reproduce, modify, publish, and translate this personal information for the purpose of enabling your use of the Website and the Services.

When you open an account to use or access certain portions of our Website or the Services, you must provide complete and accurate information as requested on the registration form. You will create or be provided with a user name and password. You are entirely responsible for maintaining the confidentiality of your password and your email accounts which may provide links enabling access to the Services. You may not use a third party’s account, user name, or password at any time. You agree to notify us immediately of any unauthorized use of your account, user name, or password. We are not liable for any losses you incur as a result of someone else’s use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by our Company and its affiliates and each of their representatives, officers, directors, managers, members, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

ACCESSING OUR WEBSITE AND ACCOUNT SECURITY

We reserve the right to withdraw or amend our Website, and any Services or material we provide on our Website, in our sole and absolute discretion, without notice. We will not be liable if for any reason all or any part of our Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Website, or our entire Website, to users, including registered users.You are responsible for:

making all arrangements necessary for you to have access to our Website; and

ensuring that all persons who access our Website through your internet connection are aware of these Terms of Use and comply with them.

To access our Website, you may be asked to provide certain registration details or other information. If such registration is required, it will be a condition of your use of our Website that all the information you provide on our Website is correct, current, and complete. You agree that all information you provide to register with our Website or otherwise, including, without limitation, through the use of any interactive features on our Website, is governed by our Privacy Policy https://cdn.zyratalk.com/privacy-policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy https://cdn.zyratalk.com/privacy-policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. If registration to our Website is required, you agree: (a) that your account is personal to you and agree not to provide any other person with access to our Website or portions of it using your user name, password, or other security information; (b) to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security; and (c) to ensure that you exit from your account at the end of each session. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time, in our sole and absolute discretion, for any or no reason, including, if, in our opinion, you have violated any provision of these Terms of Use.

INTELLECTUAL PROPERTY RIGHTS

Our Website and the Services (including, without limitation, all data, including aggregate and derivative data, information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by our Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

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You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;

You may store files that are automatically cached by your Web browser for display enhancement purposes;

If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device; provided, however, that you agree to be bound by our end user license agreement or similar agreement for such applications; and

If we provide social media features on our Website with certain content, you may take such actions as are enabled by such features.

You must not:

Modify copies of any materials from our Website;

Use any illustrations, photographs, video, or audio sequences or any graphics separately from the accompanying text; or

Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from our Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of our Website in breach of these Terms of Use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to our Website or any content on our Website is transferred to you, and all rights not expressly granted are reserved by our Company. Any use of our Website not expressly permitted by these Terms of Use constitutes a breach of these Terms of Use and may violate copyright, trademark, and other laws.

TRADEMARKS

Our Company’s name and certain other names, logos, and phrases used on our Website or within the Services, and all related names, logos, product and service names, designs, and slogans are trademarks of our Company or its affiliates or licensors. You will not use such marks without the prior written permission of our Company. All other names, logos, product and service names, designs, and slogans on our Website are the trademarks of their respective owners.

PROHIBITED USES

You may use our Website and the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use our Website:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);

For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;

To send, knowingly receive, upload, download, use, or re-use any material which does not comply with the terms set forth in these Terms of Use;

To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, or “spam”, or any other similar solicitation;

To impersonate or attempt to impersonate our Company, a Company employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); or

To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Website or Services, or which, as determined by us, may harm our Company or users of our Website or expose them to liability.

Additionally, you agree not to:

Use our Website or Services in any manner that could disable, overburden, damage, or impair our Website or Services or interfere with any other party’s use of our Website, including such person’s ability to engage in real time activities through our Website;

Use any manual process to monitor or copy any of the material on our Website or for any other unauthorized purpose without our prior written consent;

Use any device, software, or routine that interferes with the proper working of our Website or Services;

Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;

Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Website or Services, the server on which our Website is stored or Services, or any server, computer, or database connected to our Website or Services;

Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from our Website.

Attack our Website or Services via a denial-of-service attack or a distributed denial-of-service attack; or

Otherwise attempt to interfere with the proper working of our Website or Services.

USER CONTRIBUTIONS

Our Website or Services may contain message boards, chat features, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons content or materials (collectively, “User Contributions”) on or through our Website or Services.

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All User Contributions must comply with the Content Standards set out in these Terms of Use.

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Any User Contribution you post to our Website or Services will be considered non-confidential and non-proprietary. By providing any User Contribution on our Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

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You represent and warrant that:

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You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and

All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not our Company, have fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of our Website or Services.

PROHIBITED USES

You may use our Website and the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use our Website:

For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;

To send, knowingly receive, upload, download, use, or re-use any material which does not comply with the terms set forth in these Terms of Use;

To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, or “spam”, or any other similar solicitation;

Additionally, you agree not to:

Use any manual process to monitor or copy any of the material on our Website or for any other unauthorized purpose without our prior written consent;

Use any device, software, or routine that interferes with the proper working of our Website or Services;

Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;

Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from our Website.

Attack our Website or Services via a denial-of-service attack or a distributed denial-of-service attack; or

Otherwise attempt to interfere with the proper working of our Website or Services.

MONITORING AND ENFORCEMENT; TERMINATION

We have the right to:

Remove or refuse to post any User Contributions for any or no reason, in our sole and absolute discretion;

Take any action with respect to any User Contribution that we deem necessary or appropriate, in our sole and absolute discretion, including if we believe that such User Contribution violates these Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of our Website or Services or the public, or could create liability for our Company;

Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;

Take appropriate legal action, including, without limitation, referral to law enforcement for any illegal or unauthorized use of our Website or Services; and

Terminate or suspend your access to all or part of our Website for any or no reason, including, without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through our Website or Services. YOU WAIVE AND HOLD HARMLESS OUR COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY OUR COMPANY OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER OUR COMPANY OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on our Website or Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section entitled “Monitoring and Enforcement; Termination.”