Last Updated: August 28, 2020
BY REGISTERING WITH WEST VIRGINIA JOB DEPARTMENT, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT
West Virginia Job Department ("West Virginia Job Department") welcomes you to the West Virginia Job Department web site,
www.WestVirginiaJobDepartment.com (the "Site"). The Site provides you or, in the case
that you represent a company or other entity, that company or other entity
("you", "your", "yourself") with access to West Virginia Job Department's services and service providers
of the Site and Services. Carefully read the terms of this Agreement. If you are accessing the Site and Services on behalf of a company that you represent ("Your Company"), then you agree to bind both yourself as an individual, and Your Company, to all of the terms of this Agreement.
By accessing the Site or otherwise using the Services, you acknowledge that
you have read and agree to be bound by this Agreement. If you do not agree
with any of the terms of this Agreement, you do not have permission to
access the Site or use the Services.
In addition, you may also be asked to enter into additional agreements before being permitted to access certain of the Services. Those additional agreements are made a part of this Agreement and will govern your use of the Services covered by the additional agreements. In the event of a conflict between the terms of this Agreement and those additional agreements, the terms of the additional agreements shall govern.
West Virginia Job Department reserves the right, in its sole discretion, to modify this Agreement
at any time by posting a modified version of this Agreement to the Site. You agree
to be bound by the modified Agreement through your continued access to the Site or
use of the Services.
Minimum Age. If you are an individual, to use the Services you agree that you must be the “Minimum Age,” which is 16 years or older. However, if law requires that you must be older in order for us to lawfully provide the Services to you (including the collection, storage and use of your information) then the Minimum Age is such older age. The Services are not for use by anyone under the age of 16. If you are under 18 years old, you may use the Services only with the approval of your parent or guardian.
Registration. In order to access any Services, you will be asked to submit certain information about yourself ("Registration Information"). You represent and warrant that all Registration Information you have provided is true, accurate, current and complete.
Premium Membership. Certain pages on the Site and certain Services are available to you without cost upon registration (“Free Membership”). To access the entire Site and all Services for a limited period of time, you must purchase a Premium Membership for the fee posted on the Site at the time you purchase a Premium Membership. West Virginia Job Department reserves the right to change the fee for Premium Membership, at any time at its sole discretion, by posting the new fee on the Site. The fee for Premium Membership shall be applied to your telecommunications services account that you designate at the time of registration and shall be billed to you in your regular invoice provided to you by your telecommunications services provider. By registering for Premium Services, you consent to the application of fee for Premium Services to your designated telecommunications services account.
Consent to Communications. You must provide your electronic mail ("email") address when registering to access any Service. We may use your email address, when necessary, to communicate with you regarding the administration of the Site. Occasionally, you may receive newsletters and updates with information that we deem to be of interest to the members of West Virginia Job Department. If you do not want to receive newsletters and updates, you may opt out of those Services (i) during the registration process, or (iii) by clicking on the "unsubscribe" link on newsletters and updates.
Registering for the Site or providing your contact information constitutes an inquiry and/or application for purposes of telemarketing laws. When using the Site or Services or otherwise engaging with us, you may have the opportunity to opt-in to receive calls and text messages (including SMS and MMS messages) (including those made using an automatic telephone dialing system or an artificial or prerecorded voice) from West Virginia Job Department. The specific content and frequency of the messages will be communicated to you in conjunction with your consent, but the messages will generally be about employment opportunities, job search assistance, career advancement and educational opportunities, and other related matters. Your consent will be valid for the specific phone number or other telephonic or electronic form of contact you provided, including your home, work, cellular, or other telephone number, even if that number is registered on a corporate, state, or national do not call registry. You also understand and agree that your consent to such calls and text messages is not required to use the Services. We are able to deliver messages to most mobile service providers. Carriers are not liable for delayed or undelivered messages. Your mobile service provider's standard data and messaging rates apply to all SMS correspondence we have with you (including those that we send to you, and those that you send to us). All charges are billed by and payable to your mobile service provider. If you have any questions about your text plan or data plan, please contact your mobile service provider. You represent that you are the owner or authorized user of the wireless device on which messages will be received, and that you are authorized to approve any applicable charges and to consent to receive calls, texts or other communications at the number you provide. SMS message service subscribers may opt out of the SMS message service by replying with the keyword “STOP”, “END”, or “QUIT” any time. After you unsubscribe, we may send you a final SMS message to confirm that you have been unsubscribed. However, this process will not unsubscribe you from other SMS programs to which you may have separately subscribed. SMS message service subscribers may receive assistance for the SMS message service by replying with the keyword “HELP” to the message received. If fees are charged to your wireless account invoice, we may provide your carrier with your applicable information in connection therewith. Your wireless carrier and other service providers may also collect data about your wireless device usage, and their practices are governed by their own policies. You acknowledge and agree that the SMS message service is provided via wireless systems which use radios (and other means) to transmit communications over complex networks. We will not be liable for any delays in the receipt of any SMS messages, as delivery is subject to effective transmission from your network operator. SMS message services are provided on an AS IS basis. We are not responsible for incomplete, lost, late, damaged, illegible or misdirected mobile messages or for any technical problems, malfunctions of any telephone lines, computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. We are not responsible for any liability for damage to any computer system resulting from participation in or accessing or downloading information in connection with the SMS message service. We assume no responsibility for undeliverable mobile messages resulting from any form of active or passive mobile filtering by a user's mobile provider or for insufficient space in user's mobile phone account for messages. We do not guarantee that your use of the SMS message service will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the SMS message service.
Use of the Site and the Services – Permissions and Restrictions. You may access and use the Site and the Services only for lawful purposes and solely in accordance with the terms of this Agreement. West Virginia Job Department reserves the right to discontinue any aspect of the West Virginia Job Department Site or Services at any time and without notice. All rights not expressly granted to you under this Agreement are reserved by West Virginia Job Department and its licensors.
You will not:
- license, sublicense, rent, lease, loan, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Site or Services; or
- modify or make derivative works based upon the Site or Services; or
- reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code or method of operation of the Site or Services, or authorize any third party to do any of the foregoing; or
- access or make use of the Services and Site by scripts or automated services; or
- impersonate any person or use a name that you are not authorized to use; or
- compromise violate or impair system or network security or operation.
Ownership of Intellectual Property. West Virginia Job Department and its licensors own all rights, title and interest in and to the Site and Services, including, without limitation, any Results (defined below) and any Intellectual Property Rights therein and/or related thereto. "Intellectual Property Rights" means all worldwide patent, patent applications, copyrights, trade secrets, trademarks, service marks, trade names and any other intellectual property, proprietary, and database protection rights. The West Virginia Job Department name and logo are trademarks of West Virginia Job Department, Inc., and no right or license is granted to you herein to use such trademarks.
Data Collection. West Virginia Job Department will have the right to utilize data capture, analysis tools, and other similar tools, to review, extract, compile, synthesize, and analyze queries entered by you as well as any non-personally identifiable data or information resulting from your use of the Services ("Results"). To the extent that any Results are collected by West Virginia Job Department, such Results will be solely owned by West Virginia Job Department and may be used by West Virginia Job Department for any lawful business purpose without a duty of accounting to you, provided that the Results are used only in an aggregated form, without specifically identifying the source of the Results.
Representations and Warranties. You represent, warrant and covenant for the benefit of West Virginia Job Department that: (1) you have the legal right and authority to enter into this Agreement, and, if you are accepting this Agreement on behalf of a company or other entity, to bind the company or other entity to the terms of this Agreement; (2) you have the legal right and authority to perform your obligations under this Agreement and to grant the rights and licenses described in this Agreement and in any applicable additional agreement you enter into in connection with any of the Services; (3) all information you provide to West Virginia Job Department in connection with this Agreement and your access to the Site and use of the Services is correct and current.
Indemnification. You will indemnify, defend, and hold harmless West Virginia Job Department and each of its respective employees , officer, directors, and affiliates ("Indemnified Parties"), from any and all claims, losses, liabilities, damages, fees, expenses and costs (including attorneys' fees, court costs, damage awards, and settlement amounts) which result from any claim or allegation against any Indemnified Party arising from: (a) your accessing the Site or use of the Services, including any materials disseminated or transmitted by you and/or your Registrants; (b) your breach of any term of this Agreement; or (c) your negligence or intentional misconduct hereunder. West Virginia Job Department will provide you with notice of any such claim or allegation, and West Virginia Job Department will have the right to participate in the defense of any such claim at its expense.
Disclaimer. THE PARTIES ACKNOWLEDGE THAT THE SERVICES ARE PROVIDED TO YOU STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTIES WHATSOEVER. YOU RECOGNIZE THAT THE CURRENT STATE OF TECHNOLOGY DOES NOT ALLOW FOR ERROR-FREE ACCESS TO THE SITE AND USE OF THE SERVICES, AND INTERRUPTIONS, CRASHES AND DOWNTIME MAY OCCUR FROM TIME TO TIME. West Virginia Job Department DOES NOT REPRESENT OR WARRANT THAT: (A) THE USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (B) THE SERVICES WILL MEET CUSTOMERS’ REQUIREMENTS OR EXPECTATIONS; OR (C) ANY RESULTS GENERATED BY USING THE SERVICES WILL BE ACCURATE, UP-TO-DATE, COMPLETE, OR RELIABLE. West Virginia Job Department DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NO ORAL OR WRITTEN INFORMATION GIVEN BY West Virginia Job Department WILL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. YOU AGREE THAT YOUR ACCESS TO THE SITE AND THE INFORMATION THEREON IS AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LIABILITY OR DAMAGE YOU INCUR THROUGH ACCESS TO THE SITE OR USE OF THE SERVICES.
YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICES PROVIDED BY West Virginia Job Department IN CONNECTION WITH YOUR FREE MEMBERSHIP SHALL BE TO DISCONTINUE YOUR FREE MEMBERSHIP.
YOUR RECOVERY FOR ANY DAMAGES THAT OCCUR AS A RESULT OF YOUR USE OF SERVICES PROVIDED BY West Virginia Job Department IN CONNECTION WITH YOUR PREMIUM MEMBERSHIP SHALL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAID FOR YOUR PREMIUM MEMBERSHIP.
Linked Sites. The Site may contain links to third party sites that are not under the control of West Virginia Job Department, and West Virginia Job Department is not responsible for any content on any linked site. If you access a third party site from the Site, then you do so at your own risk. West Virginia Job Department provides links only as a convenience and the inclusion of the link does not imply that West Virginia Job Department endorses or accepts any responsibility for the content on those third party sites. West Virginia Job Department welcomes links to the Site. You may establish a link to this Site, provided that the link does not state or imply any sponsorship or endorsement of your site by West Virginia Job Department or any group or individual affiliated with West Virginia Job Department. You may not use on your site any content or trademarks appearing on the Site in establishing the link. You may not frame or otherwise incorporate into another site the content or other materials on the Site without prior written consent.
Notices. All notices by you under this Agreement must be delivered in writing by courier, by electronic facsimile, or by certified or registered mail (postage prepaid and return receipt requested) to West Virginia Job Department's address set forth on the Site, as appropriate. Such notice will be effective upon receipt or three business days after being deposited in the mail, whichever occurs sooner. West Virginia Job Department may deliver a notice to you by posting of a general notice on the Site, which will be effective 48 hours after posting to the Site.
This Agreement shall be effective for as long as you use access the Site or the Services and Sections 5,6,7,8,9 and 15 shall survive termination or expiration of this Agreement.
West Virginia Job Department may terminate your Free Membership without cause, at any time and without notice to you.
Premium Membership shall expire 60 days from the date you purchased your Premium Membership, unless West Virginia Job Department modifies this duration by posting a different duration on the Site at the time you purchase Premium Membership.
West Virginia Job Department may terminate your Premium Membership immediately if,
- (A) based on West Virginia Job Department's sole judgment, it determines that you have materially breached this Agreement in any manner, including but not limited to (i) violating the Permissions and Restrictions set forth in Section 4 of this Agreement, or (ii) infringing or violating any intellectual property right of West Virginia Job Department; or
- (B) West Virginia Job Department substantially or entirely stops operating the Site or offering the Services.
The termination of your Membership shall terminate your access to any Services for which registration is required. Neither West Virginia Job Department nor any affiliate of West Virginia Job Department shall be liable to you or to any third party for termination of your Free Membership for any reason. If your Premium Membership is terminated for the reasons set forth in this Section, you SHALL NOT receive any refund of any fee paid for your Premium Membership.
General Provisions. This Agreement is the complete and exclusive statement of the Agreement between West Virginia Job Department and you regarding the Services and supersedes any other agreement or proposal, oral or written (including information on the Site), and any other communications between West Virginia Job Department and you. This Agreement will be governed by the laws of the State of Massachusetts without regard to conflicts of law principles. All disputes arising under this Agreement must be brought in the state or federal courts located in Massachusetts. Each party irrevocably hereby consents to the jurisdiction and venue of any such court in any such action or proceeding. There are no other third party beneficiaries under this Agreement. The waiver of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach. If any provision of this Agreement is deemed unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. You may not assign, delegate or otherwise transfer this Agreement or any of your rights or obligations under this Agreement without the prior written consent of West Virginia Job Department. Any such assignment, delegation or transfer in violation of the foregoing will be null and void.