Revised: March 1, 2023
The “Services” collectively include the “Website” (meaning www.uinclude.com and including all webpages, subdomains, and any successor or affiliated websites), emails, newsletters, and other communications, user customer and employer accounts, job application services, Coach Connect Services, Content, any other products or services offered by UInclude, and any other services that state they are governed by these Terms. “Content” means any and all text, articles, images, videos, graphics, software, music, audio, information, or other materials appearing on the Website, including, without limitation, information about employers, career resources, advice, questions, answers, or other content, whether created or posted by you, UInclude, a third party, or any other user.
We may update these Terms from time to time. We will give you notice of the changes by posting an updated version of these Terms online, updating the “Revised” date above, or by emailing you at an email address you have provided. Changes to these Terms will be effective as of the date we post them or otherwise notify you of them, unless we specify a different effective date when we make a particular change. Your continued use of the Services will constitute your acceptance of the changes. If you do not agree to a change, you must stop using the Services.
We may modify, add to, suspend, or discontinue the Services or certain features of the Services, or remove any Content at any time for any reason, without prior notice to you. Unless expressly stated otherwise, any new feature that augments, enhances, or otherwise modifies the Services is subject to these Terms
While you are not required to provide your personal information to us, unless you create an account with us (a “UInclude Account”) and give us certain personal information, we may not be able to provide you with access to, or use of, some of the Services. If you choose not to create or continue to maintain a UInclude Account, you may still access certain features as a visitor to our Website. Your access and use of the Services, whether as a visitor or as a UInclude Account holder, is subject to these Terms. By creating an Account and purchasing our Services, you grant us permission to display your employer’s brand logo on UInclude’s website.
Your UInclude Account is for your personal, non-commercial use only and you must provide complete and accurate information when creating a UInclude Account. You are responsible for maintaining the confidentiality and security of your account information, including any usernames or passwords, and are solely responsible for the activity that occurs on your UInclude Account. You may not create an account for someone else or allow someone else to use your UInclude Account. You agree to notify us immediately of any actual or suspected unauthorized access to or use of your username or password or any breach of security related to your UInclude Account. If your UInclude Account has been canceled by us, or you have been removed or otherwise blocked from the Website due to a violation of our Code of Conduct or for any other reason, you may not continue to use the Services.
If the client cancels the service before the end of the term (monthly or yearly), via email or through the website, their cancellation will take effect at the end of the paid term. Cancellations for yearly subscriptions must arrive at the latest 30 days before the renewal of the yearly term, e.g. the cancellation period is 30 days. Their cancellation will take effect at the end of that yearly term.
If a client does not cancel within the cancellation period, their cancellation will only take effect at the end of the next yearly term.
The responsibility of timely cancellation lies in the hands of the client. UInclude bears no liability for belated cancellation. In case of belated cancellation no refunds are provided and the service continues automatically.
After cancellation takes effect, the client will no longer have access to their account and all information contained therein may be deleted by UInclude. UInclude accepts no liability for such deleted information or content. The client will not be charged for any further term after the cancellation takes effect.
The Services include a variety of products and services that are free to use (“Free Services”), as well as certain products and services that require payment (“Paid Services”). We reserve the right to charge for Free Services or change the price for Paid Services, at any time. If you purchase any of our Paid Services, you agree to pay us any applicable fees and taxes and you agree to any additional terms that may apply. You hereby authorize the collection of such amounts either directly by UInclude or indirectly via a third-party payment processor. Failure to pay these fees will result in the termination of the applicable Paid Service. If you are directed to a third-party payment processor, you may be subject to terms and conditions governing the use of that third-party’s service and that third-party’s personal information collection practices.
Please note that UInclude is not liable for any bank fees, foreign exchange fees, or differences in prices based on geographic location. UInclude or its third-party payment processor may store and continue billing your payment method in order to charge you for other Paid Services you may buy.
The Website may direct you to third-party websites that are not owned or maintained by UInclude. We are not responsible for your use of such third-party websites and we make no representations whatsoever concerning the content or accuracy of, opinions expressed in, or other links provided by such websites. The inclusion of any such link to a third-party website does not imply any association between us and their operators. Your use of any third-party websites is governed by the terms of such third-party websites and not by these Terms.
The disclaimers in this section apply to the maximum extent allowable under applicable law.
You are solely responsible for your use of the Services and we are not responsible for the activities, omissions, or other conduct, whether online or offline, of any other user. You are solely responsible for ensuring that your use of the Services is in compliance with all laws, rules, and regulations applicable to you. We make no representations concerning any Content contained in or accessed through the Services.
The Services are provided “as is” and without warranty of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, accuracy, or non-infringement, all of which are expressly disclaimed. UInclude does not warrant that: (a) the Services will be secure or available at any particular time or location; (b) the Services will function without errors; (c) any defects or errors will be corrected; (d) any Content or software available through the Services is free of viruses or other harmful components; and (e) the results of using or relying on any Content or Services or advice contained therein will meet your requirements or produce desired results. Your use of, or reliance on, the Services or any Content is solely at your own risk.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL UINCLUDE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, OR REPUTATION ARISING FROM YOUR USE OF THE WEBSITE, CONTENT, OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL THE AGGREGATE LIABILITY OF UINCLUDE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
You agree to indemnify, defend and hold harmless UInclude, its affiliates and each of their respective principals, shareholders, agents, officers, directors, consultants, and employees from or against third-party claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses arising from or relating to any third-party claim, suit, action or proceeding arising out of or related to your use or purchase of the Services, your violation of the rights of any third-party or person, or your breach of these Terms or any representation or warranty contained herein. UInclude reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify UInclude, and you agree to cooperate with UInclude’s defense of these claims. UInclude will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
You agree that the laws of the State of California, USA, excluding its conflict of laws rules, shall exclusively govern any dispute relating to these Terms and/or the Services.
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH THE UINCLUDE AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM UINCLUDE. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
You and UInclude agree to arbitrate any dispute arising from these Terms or your purchase or use of the Services, except that you and UInclude are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
You and UInclude agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to UInclude shall be sent by email to [email protected]. You and UInclude further agree: to attempt informal resolution prior to any demand for arbitration; that any arbitration will occur in Los Angeles, California; that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and that the state or federal courts in Los Angeles, California have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court.
Whether the dispute is heard in arbitration or in court, you and UInclude will not commence against the other a class action, class arbitration, or other representative action or proceeding.
Any inquiries about your rights under these Terms, or any matters regarding your privacy, can be directed to [email protected].