The JungoLogic services are defined as the applications and services offered by JungoLogic, including an on-line service to post employment opportunities and including any application accessed through any mobile or other interface that allows the User to access such services. The JungoLogic services and websites include on-line communities and communication tools designed to facilitate networking among users of the JungoLogic services and websites. The JungoLogic services and websites also allow Users to create individual profiles (e.g., Job Applicant profiles or Employer profiles), which may include personal information, and to make these profiles, or aspects thereof, public. In addition, JungoLogic may collect information about Users from publicly-available websites and may use this information to create a profile or append it to an existing profile.
Users who violate these Terms may have their access and use of the JungoLogic services and/or JungoLogic websites terminated, at JungoLogic’s discretion.
Users must be 16 years of age or older to visit or use any JungoLogic service and/or JungoLogic Website in any manner, and, if under the age of 16, Users must use any JungoLogic service and/or JungoLogic website under the supervision of a parent, legal guardian, or other responsible adult. Under no circumstances can a User be under 13 years of age.
1. Use of JungoLogic Content.
JungoLogic authorizes Users, subject to these Terms, to access and use the JungoLogic services, JungoLogic websites, and JungoLogic Content and to download and print a single copy of the content available on or from the JungoLogic websites solely for each User’s personal, non-commercial use. The contents of the JungoLogic websites, such as designs, text, graphics, images, video, information, logos, button icons, software, audio files, and/or other JungoLogic content (collectively, “JungoLogic Content”), are protected under patent, copyright, trademark, and other laws. All JungoLogic Content is the property of JungoLogic or its licensors. The compilation (meaning the collection, arrangement, and assembly) of all content on the JungoLogic websites is the exclusive property of JungoLogic and is protected by patent, copyright, trademark, and other laws. Unauthorized use of the JungoLogic Content may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited. Users must preserve all patent, copyright, trademark, service mark, and other proprietary notices contained in the original JungoLogic Content on any authorized copy Users make of the JungoLogic Content. Any acquiescence or lack of enforcement of any of JungoLogic’s rights under patent, copyright, trademark, and other laws in one instance is not an express or implied license for any use of JungoLogic Content in another instance and not otherwise expressly authorized.
Users agree not to sell or modify the JungoLogic Content or reproduce, display, publicly perform, distribute, or otherwise use the JungoLogic Content in any way for any public or commercial purpose, in connection with products or services that are not those of the JungoLogic websites, in any other manner that is likely to cause confusion among consumers, that disparages or discredits JungoLogic or its licensors, that dilutes the strength of JungoLogic’s or its licensor’s property, or that otherwise infringes JungoLogic’s or its licensor’s intellectual property rights. User further agrees in no other way to misuse JungoLogic Content. The use of the JungoLogic Content on any other application, website or in a networked computer environment for any purpose is prohibited. Any code that JungoLogic creates to generate or display any JungoLogic content or the pages making up any JungoLogic website, application, or service is also protected by JungoLogic’s copyright and Users may not copy or adapt such code.
2. Use of JungoLogic Services.
Job posting, Employer database, psychometric testing, job seeker database, and other features of the JungoLogic websites may be used only by individuals seeking employment and/or career information and by Employers seeking employees.
Users are responsible for maintaining the confidentiality of its account, profile, and passwords, as applicable. Users may not share user password or other account access information with any other party, temporarily or permanently, and Users shall be responsible for all uses of its JungoLogic website registrations and passwords, whether or not authorized by the User. Users agree to immediately notify JungoLogic of any unauthorized use of their account, profile, or passwords.
All JungoLogic Users agree to not:
Violations of system or network security may result in civil and/or criminal liability. JungoLogic will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
3. User Content.
Users understand that all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by a User on or through a JungoLogic website ("User Content") is the sole responsibility of the person from which such User Content originated. JungoLogic claims no ownership or control over any User Content. The User or a third party licensor, as appropriate, retain all patent, trademark and copyright to any User Content the User submits, posts, or displays on or through JungoLogic and the User is responsible for protecting those rights, as appropriate. By submitting, posting or displaying User Content on or through JungoLogic, each User grants JungoLogic a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, reproduce, adapt, distribute, and publish such User Content through JungoLogic. In addition, by submitting, posting or displaying User Content which is intended to be available to the general public, Users grant JungoLogic a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content for the purpose of promoting JungoLogic and its services. JungoLogic will discontinue this licensed use within a commercially reasonable period after such User Content is removed from JungoLogic websites. JungoLogic reserves the right to refuse to accept, post, display, or transmit any User Content in its sole discretion.
JungoLogic does not represent or guarantee the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any other communications posted by Users nor does JungoLogic endorse any opinions expressed by Users. Users acknowledge that any reliance on material posted by other Users will be at each User’s own risk.
The following is a partial list of User Content that is prohibited on the JungoLogic websites and applications. The list below is for illustration only and is not a complete list of all prohibited User Content.
Examples of inappropriate and prohibited Job Applicant and Employer profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual that is not User. Such inappropriate and prohibited Job Applicant and Employer profiles are considered User Content that is prohibited on the JungoLogic websites and applications.
In order to protect users of JungoLogic services from commercial advertising or solicitation, JungoLogic reserves the right to restrict the number of e-mails or other messages which a User may send to other Users to a number which JungoLogic deems appropriate in its sole discretion.
Profiles derived from User Content may also be made available through the JungoLogic websites. JungoLogic does not make any representations regarding the accuracy or validity of such derived works or their appropriateness for evaluation by Employers. Derived Profiles may differ significantly from User Content.
We appreciate hearing from our Users and welcome User comments regarding our services and the JungoLogic websites. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions, or materials other than those which we have specifically requested. While we do value User feedback on our services, please be specific in User comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, a User sends us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of JungoLogic. None of the Submissions shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. JungoLogic shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to the User or any other person.
4. Terms Applicable to Employers.
Employers are solely responsible for their postings on JungoLogic websites. JungoLogic is not to be considered an Employer with respect to each User’s use of any JungoLogic website and JungoLogic shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any JungoLogic website.
Users understand and acknowledge that if a User cancels an Employer account or an Employer account is terminated, all User account information from JungoLogic, including saved Job Applicants, network contacts, and email mailing lists, will be marked as deleted in and may be deleted from JungoLogic’s databases. Information may continue to be available for some period of time because of delays in propagating such deletion through JungoLogic’s web servers.
In order to protect users of JungoLogic from commercial advertising or solicitation, JungoLogic reserves the right to restrict the number of e-mails which an Employer may send to a matched Job Applicant to a number of e-mails which JungoLogic deems appropriate in its sole discretion. User shall use the JungoLogic services and JungoLogic Content in accordance with all applicable privacy and data protection laws.
Users shall take appropriate physical, technical, and administrative measures to protect the data Users have obtained from the JungoLogic Job Applicant database from loss, misuse, unauthorized access, disclosure, alteration or destruction. Users shall not share any JungoLogic Job Applicant database seat-based license login credentials with any other party, nor share any JungoLogic Job Applicant database pay-per-view license login credentials with any party.
The JungoLogic Job Applicant database shall not be used (a) for any purpose other than as an Employer seeking employees, including but not limited to providing advertising promotions, products, or services to any Job Applicants; b) to make unsolicited phone calls or faxes or send unsolicited mail, email, or newsletters to Job Applicants or to contact any individual unless that individual has agreed to be contacted (where consent is required or, if express consent is not required, who has not informed the User that they do not want to be contacted); or (c) contact Job Applicants in regards to career fairs and business opportunities.
In order to ensure a safe and effective experience for all of our Users, JungoLogic reserves the right to limit the amount of data (including Job Applicant profile views) that may be accessed by Users in any given time period. These limits may be amended in JungoLogic’s sole discretion from time to time.
A job posting may not contain:
Users may not use JungoLogic job postings or other JungoLogic services to:
If at any time during each User’s use of the JungoLogic services, a User made a misrepresentation of fact to JungoLogic or otherwise misled JungoLogic in regards to the nature of User’s business activities or other activities, JungoLogic will have grounds to terminate the User’s use of the JungoLogic services.
5. Terms Applicable to Job Applicants.
When Users register with any JungoLogic website or for any JungoLogic service, Users will be asked to create an account and provide JungoLogic with certain information including, without limitation, a valid email address (User "Information").
Any Job Applicant profile a User submits must be accurate and describe the User, an individual person. The Job Applicant profile requires standard fields to be completed. Users acknowledge and agree that Users are solely responsible for the form, content, and accuracy of answers to the psychometric test or other material placed by the User on the JungoLogic websites.
Users understand and acknowledge that Users have no ownership rights in their User accounts and that if Users cancel their JungoLogic account or their JungoLogic account is terminated, all of the User’s account information from JungoLogic, including all data, profiles, psychometric test results, cover letters, saved jobs, and questionnaires will be marked as deleted in and may be deleted from JungoLogic's databases and will be removed from any public area of the JungoLogic websites. Information may continue to be available for some period of time because of delays in propagating such deletion through JungoLogic’s web servers. In addition, third parties may retain saved copies of the User’s Information.
JungoLogic reserves the right to delete User accounts and all User Information after a significant duration of inactivity or failure to keep payment of JungoLogic services current.
Although JungoLogic reserves the right to delete Job Applicant information as discussed above, JungoLogic may retain one or more pieces of information, including profiles, psychometric test results, cover letters, saved jobs, and questionnaires for quality control and possibly other purposes.
All Job Applicants must take a psychometric test and accept the results of the psychometric test before publishing a profile to the Job Applicant profile database. Once a Job Applicant has taken and accepted the results of a psychometric test, the results of the psychometric test and any analysis of those results will be associated to the Job Applicant’s profile.
The purpose of the psychometric testing is to determine behavioral traits of each Job Applicant and to determine the strength of these behavioral traits.
Users are given the psychometric test at the time of setting up a Job Applicant profile. After Users have completed the psychometric test, Users are given an opportunity to review the results and either accept those results and move forward with creating a Job Applicant profile or reject the results. If a User reject the results, the User will not be able to proceed in creating and publishing a Job Applicant profile to JungoLogic’s Job Applicant database.
JungoLogic will use the psychometric test results to match User Job Applicant profiles to one or more Job Postings. By matching Job Applicant profiles to Job Postings, JungoLogic is facilitating introductions between Job Applicants and Employers and is not involved in any hiring process.
JungoLogic does not disclose User psychometric test results to Employers. However, User psychometric test results may be deduced from Job Posting matches identified by JungoLogic or obtained through unauthorized access. JungoLogic, its affiliates, and their respective officers, directors, employees and agents, are not liable for psychometric test results and are not liable for third party access to psychometric test results.
Job Applicants are solely responsible for their postings on JungoLogic websites. JungoLogic is not to be considered any Employer with respect to a User’s use of any JungoLogic website and JungoLogic shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any JungoLogic website.
6. Identification Of Agent To Receive Notification And Elements Of Notification Of Claimed Copyright or Trademark Infringement.
If a User believes that the User’s copyrighted work or trademark has been uploaded, posted, or copied to any JungoLogic website and is accessible on such JungoLogic website in a way that constitutes copyright or trademark infringement, please contact JungoLogic by email at JungoSupport@jungologic.com or by regular mail at:
4240 Duncan Avenue, Suite 200
St. Louis, MO 63110
7. Policy Regarding Termination Of Users Who Infringe The Intellectual Property Rights Of Others.
JungoLogic respects the intellectual property of others, and we ask our Users and content partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display, or public performance of copyrighted works constitutes infringement of the copyright owner’s rights. As a condition to Users’ use of the JungoLogic websites, Users agree not to use any JungoLogic website to infringe the intellectual property rights of others in any way. JungoLogic reserves the right to terminate the accounts of any Users, and block access to the JungoLogic websites of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. JungoLogic reserves the right, in its sole discretion, to take these actions to limit access to the JungoLogic websites and/or terminate the accounts of, at any time and in JungoLogic’s sole discretion, Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement, with or without notice, and without any liability to the User who is terminated or to the User whose access is blocked.
The JungoLogic websites act as, among other things, venues for (i) Employers to post job opportunities and evaluate job candidates identified by JungoLogic that match a posted job opportunity and (ii) Job Applicants to post profiles and evaluate job opportunities identified by JungoLogic that match the Job Applicant. JungoLogic does not screen or censor the listings, including Profiles offered, other than to apply attributes to job postings based on one or more algorithms and match Job Applicant profiles to Job Postings based on one or more algorithms. As a result, JungoLogic is not responsible for User Content, the quality, safety or legality of the jobs posted, the truth or accuracy of the listings, the ability of Employers to offer job opportunities to Job Applicants, or the ability of Candidates to fill job openings and JungoLogic makes no representations about any data, jobs, profiles, or User Content on the JungoLogic websites. While JungoLogic reserves the right in its sole discretion to remove User Content, job postings, profiles, or other material from the JungoLogic websites from time to time, JungoLogic does not assume any obligation to do so and to the extent permitted by law, disclaims any liability for failing to take any such action.
JungoLogic does not screen or censor the Profiles or User Content on the JungoLogic websites. JungoLogic is not involved in the actual communications between Users. As a result, JungoLogic has no control over the accuracy, reliability, completeness, or timeliness of the Profiles or User Content submitted on the JungoLogic websites and makes no representations about any Profile or User Content on the JungoLogic websites.
Note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons, or people acting under false pretenses. Users assume all risks associated with dealing with other users with whom Users come in contact with through the JungoLogic websites. By its very nature other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that Users will use caution when using the JungoLogic websites.
Because User authentication on the Internet is difficult, JungoLogic cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on any JungoLogic website, in the event that Users have a dispute with one or more Users, each User releases JungoLogic, its affiliates, and their respective officers, directors, employees and agents, from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes to the fullest extent permitted by law.
The JungoLogic websites and the JungoLogic Content may contain inaccuracies or typographical errors. JungoLogic makes no representations about the accuracy, reliability, completeness, or timeliness of any JungoLogic website or the JungoLogic Content. The use of all JungoLogic websites and the JungoLogic Content is at User’s own risk. Changes are periodically made to JungoLogic websites and may be made at any time. JungoLogic cannot guarantee and does not promise any specific results from use of any JungoLogic website. No advice or information, whether oral or written, obtained by a User from JungoLogic or through or from any JungoLogic website shall create any warranty not expressly stated herein.
If a User is a California resident, the User waives California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
JungoLogic encourages Users to keep a back-up copy of any of User Content. To the extent permitted by law, in no event shall JungoLogic be liable for the deletion, loss, or unauthorized modification of any User Content.
JungoLogic does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through any JungoLogic website, or any other representation, warranty, or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of such third party products or services, under the terms agreed-to by the provider.
If a User believes that something on the Site violates these Terms of Service please contact our designated agent set forth above.
9. Disclaimer of Warranty.
TO THE FULLEST EXTENT POSSIBLE BY LAW, JUNGOLOGIC DOES NOT WARRANT THAT ANY JUNGOLOGIC WEBSITE OR ANY JUNGOLOGIC SERVICES WILL OPERATE ERROR-FREE OR THAT ANY JUNGOLOGIC WEBSITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF A USER’S USE OF ANY JUNGOLOGIC WEBSITE OR THE JUNGOLOGIC CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, JUNGOLOGIC IS NOT RESPONSIBLE FOR THOSE COSTS. THE JUNGOLOGIC WEBSITES AND JUNGOLGIC CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. JUNGOLOGIC, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. JUNGOLOGIC MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE JUNGOLOGIC CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
10. Disclaimer of Consequential Damages.
TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL JUNGOLOGIC, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY JUNGOLOGIC WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY JUNGOLOGIC WEBSITE AND THE JUNGOLOGIC CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT JUNGOLOGIC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Limitation of Liability.
TO THE FULLEST EXTENT POSSIBLE BY LAW, USERS RELEASE ALL LIABILITY AND HOLD HARMLESS JUNGOLOGIC, INC., ITS affiliates, and their respective officers, directors, employees and agents, FOR ANY LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY JUNGOLOGIC WEBSITE OR A USER’S USE OF THE JUNGOLOGIC CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE).
The JungoLogic websites may contain links to third-party websites or resources. These links are provided solely as a convenience to Users and not as an endorsement by JungoLogic of the content on such third-party websites. JungoLogic is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on such third party websites. If Users decide to access linked third-party websites, Users do so at their own risk.
13. No Resale or Unauthorized Commercial Use.
User agrees to defend, indemnify, and hold harmless JungoLogic, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material User provide to any JungoLogic website, (ii) User use of any JungoLogic Content, or (iii) User breach of these Terms. JungoLogic shall provide notice to User promptly of any such claim, suit, or proceeding.
JungoLogic makes no claims or representations that the JungoLogic Content may be lawfully viewed or accessed outside of the United States. Access to the JungoLogic Content may not be legal by certain persons or in certain countries. If Users access any JungoLogic website, Users do so at their own risk and are responsible for compliance with the laws of the User’s jurisdiction. Any software downloaded from any JungoLogic website is further subject to United States export control laws, and may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods or (ii) to any individual or entity on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using such software, Users represent and warrant that each User is not located in, under the control of, or a national or resident of any such country, individual, or entity on any such list.
16. Additional Terms.
17. Mobile Services.
If Users use the JungoLogic websites through a mobile device, each User agrees that information about the User’s use of the JungoLogic websites through the User’s mobile device and carrier may be communicated to us, including but not limited to the User’s mobile carrier, the User’s mobile device, or the User’s physical location. In addition, use of the JungoLogic websites through a mobile device may cause data to be displayed on and through the User’s mobile device. By accessing the JungoLogic websites using a mobile device, Users represent that to the extent a User imports any of its JungoLogic data to its mobile device that the User has authority to share the transferred data with the User’s mobile carrier or other access provider. In the event a User changes or deactivates its mobile account, the User must promptly update its JungoLogic account information to ensure that its messages are not sent to the person that acquires the User’s old number and failure to do so is the User’s responsibility. Users acknowledge each User is responsible for all charges and necessary permissions related to accessing the JungoLogic websites through the User’s mobile access provider. Therefore, Users should check with their mobile access provider to find out if the JungoLogic websites are available and the terms for these services for user specific mobile devices.
By using any downloadable application to enable a User’s use of the JungoLogic websites, Users are explicitly confirming acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.
18. Term and Termination.