Terms Of Use — Modern Job Selling Using Emotion & Logic

Here’s a bunch of legal gobbledygook I’ve got to throw out there…

TERMS OF USE

This web page represents a legal document and is the Terms of Use (Agreement) for our website: thejobseller.com, and our affiliated sites. By using our Website(s), you agree to fully comply with and be bound by the following Agreement each time you use our Website(s). Please review the following terms carefully.

Our Products

Local Ascension LLC offers photography and writing services with a focus on employer job opportunity reporting and branding.

Definitions

The terms “us” or “we” or “our” refers to Local Ascension LLC, the owner of this Website.

A "Consumer" or "Visitor" or "User" is someone that browses our Website(s).

A customer uses our products or services.

All text, information, graphics, design, and data offered through our Websites or Services, whether produced by our Visitors, or customers or by us, are collectively known as our “Content.”

Acceptance of Agreement

This Agreement is between you and Local Ascension LLC.

THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMITS OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT OR ORDER ANY SERVICE OFFERED BY US.

Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and Local Ascension LLC, and supersedes all other Agreements, representations, warranties and understandings with respect to our Website, Products, Services, and the subject matter contained herein. However, in order for you to use our Website and/or Products or Services, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.

We may amend this Agreement at any time without specific notice to you. The latest Agreement will be posted on our Website(s), and you should review this Agreement prior to using our Website(s). After any revisions to this Agreement are posted, you agree to be bound to any changes to this Agreement. Therefore, it is important for you to visit this page periodically to review the Agreement. Please read this Agreement carefully and save it. If you do not accept this Agreement, do not access and use our Website(s). If you have already accessed our Website(s) and do not accept this Agreement, you should immediately discontinue use of our Website(s) and/or Products/Services.

Limited License

Local Ascension LLC grants you a non-exclusive, non-transferable, revocable license to access and use our Website(s) and Web Services strictly in accordance with this Agreement. No print out or electronic version of any part of our Website(s) or Products or Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Website(s), Content, Services, and any software provided therein.

Our Relationship to You

This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Local Ascension LLC.

Our Intellectual Property

Our Website(s) may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website(s) or Products or Services does not constitute any right or license for you to use our service marks or trademarks, without the prior written permission of Local Ascension LLC.

Our Content, as found within our Website(s) and Products and Services, is protected under United States and foreign copyrights. The copying, redistribution, use or publication by you of any such Content, is strictly prohibited. Your use of our Website(s) and Products and Services does not grant you any ownership rights to our Content.

Trademark Information

“Job Opportunity Sell Page” and “The Job Opportunity Sell Page Method” and “The Job Opportunity Sell Page Method For Attracting Applicants” are service marks and/or trademarks of Local Ascension LLC, or its affiliates in the United States and/or other countries. Other trademarks, graphics, logos, page headers, scripts noted on our Website(s) are Local Ascension LLC's service marks, trademarks and trade dress and are the sole and exclusive property of Local Ascension LLC. Local Ascension LLC’s service marks, trademarks and trade dress may not be used in any manner that is likely to cause confusion among Customers or Website Visitors and Users or potential Website Customers or Visitors and Users and in any manner that disparages or discredits Local Ascension LLC and in connection with any service or product that is not sponsored, endorsed or produced by Local Ascension LLC. All other trademarks and service marks not owned by Local Ascension LLC or its affiliates that appear on this site are the property of their respective owners.

Digital Millennium Copyright Act Compliance

Our Website(s) will respond quickly to claims of copyright infringement as found in our Content, according to the terms of the Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512). If you believe any of your copyrights are infringed by our Content, or by Visitor or Customer Content posted on this site, please provide us with a written notice via postal mail or email that contains the following information:

1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

2) A description of the copyrighted work that you claim has been infringed;

3) A description of where the material that you claim is infringing is located on our Website;

4) Your address, telephone number, and email address;

5) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

6) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

We are only required to respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify by the method of contact you used to file your notice with us.

Access And Use Of Website(s)

Our website(s) are intended for Users who are at least age 18 years of age or older.

Any use of or access to our Website(s) by anyone under such age, is unauthorized, unlicensed and in violation of these Terms of Use. By using our Website(s) and/or Products or Service, you represent and warrant that you are 18 or older and that you agree to abide to all of the terms and conditions of this Agreement. Local Ascension LLC has sole right and discretion to determine whether to accept a customer, and may reject a customer with or without explanation.

Submission Of Material

If you submit comments, suggestions, ideas, testimonials, feedback, enhancement requests, recommendations, or other information or materials to Local Ascension LLC, — whatever you submit will become and remain in perpetuity the exclusive property of Local Ascension LLC.

By submitting any information or materials to Local Ascension LLC, you acknowledge and warrant that you have the right to, and are relinquishing any proprietary rights in any submission to Local Ascension LLC, and you acknowledge Local Ascension LLC’s unrestricted right to use any submitted material or information in any way, forever, without notice or compensation or any other obligation to you or any other person or entity. In addition, you acknowledge and agree that Local Ascension LLC is under no obligation to keep any submission of information or material confidential.

Content Disclaimer

The opinions expressed on our Website(s) are not necessarily the opinions of Local Ascension LLC. The Content may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the Content may become out-of-date.

We undertake no obligation to update any Content on our Website(s). Visitors are responsible for their own content, where applicable, and may update their Content at any time with notice and at their sole discretion. We reserve the right to make alterations or deletions to the Content at any time without notice.

Errors, Corrections and Changes

We do not represent or otherwise warrant that our Website(s) will be error-free, free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Website(s) will be correct, accurate, timely or otherwise reliable.

We may make changes to the features, functionality or content of our Website(s) or Services at any time. We reserve the right in our sole discretion to edit or remove any documents, information or other content appearing on our Website(s) or Products or Services.

Financial, Legal and Other Advice Disclaimer

You hereby acknowledge that nothing contained in our Websites shall constitute financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between you and Local Ascension LLC or our other Users. You hereby agree that you shall not make any financial, investment, legal and/or other decision based in whole or in part on anything contained in our Website(s) or Products or Services.

Advertisers and Sponsors Disclaimer

Our Website(s) may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on our Website(s) is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.

THE INCLUSION OF THIRD PARTY ADVERTISEMENTS DOES NOT CONSTITUTE AN ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION BY LOCAL ASCENSION LLC AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ANY PRODUCT OR SERVICE CONTAINED THEREIN.

You agree that use of or purchase from any Third Party company which is listed or promoted on our website(s) is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. WE ARE NOT LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTIES.

All rules, legal documents (including privacy policies) and operating procedures of Third Parties will apply to you while on any Third Party websites.

Warranty Disclaimer

Our Website(s) or Services may be temporarily unavailable from time to time for maintenance or other reasons. Local Ascension LLC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User or Customer communications.

Local Ascension LLC is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with our Website(s) or Services, including without limitation any software provided through our Website(s) or Services.

Under no circumstances will Local Ascension LLC, be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our Website(s) or Products or Services, or any interactions between Users or Customers of our Website(s) or Services, whether online or offline.

Local Ascension LLC reserves the right to change any and all Content, software and other items used or contained in our Website(s) or Services, at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by our Website(s), by our Products or Services, by third parties or by any of the equipment or programming associated with or utilized by our Services.

THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH OUR WEBSITES ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE(S) AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. LOCAL ASCENSION LLC, INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE(S) OR PRODUCTS OR SERVICES. LOCAL ASCENSION LLC CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE(S) OR PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. LOCAL ASCENSION LLC DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, OUR SERVICES, OUR PRODUCTS OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, PRODUCTS, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE(S) OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE, AS WELL AS ALL OF OUR AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE UNDERSTANDING BETWEEN YOU AND LOCAL ASCENSION LLC. OUR WEBSITE(S) AND PRODUCTS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE(S) OR PRODUCTS OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

Limitation of Liability

Local Ascension LLC as well as all our Affiliates, shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Website(s) or Products or Services, (b) any product liability issues to the extent that we are not involved with the manufacturer of the product(s) giving rise to liability, (c) the unavailability or interruption of our Website(s) or Product or Services, (d) your use of our Website(s) or Content, (e) the content contained on our Website(s) or Products or Services, (f) any delay or failure in performance of our Website(s) and Products or Services beyond our control, (g) anything having to do with any advertiser/visitor on our site.

IN NO EVENT WILL LOCAL ASCENSION LLC OR ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE(S), CONTENT, PRODUCTS, SERVICES, OR ANY RELATED SOFTWARE, ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITE(S) OR PRODUCTS OR SERVICES, EVEN IF LOCAL ASCENSION LLC IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LOCAL ASCENSION LLC’S LIABILITY TO YOU, INCLUDING ALL OUR AFFILIATE COMPANIES, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR WEBSITE AND/OR PRODUCTS AND/OR SERVICES.

User Conduct

Local Ascension LLC is not responsible for the monitoring or filtering of any Visitor or Customer or Sponsor Content. Should any Visitor or Customer or Sponsor Content be found illegal, Local Ascension LLC will submit all necessary information to the proper authorities.

If any Visitor or Sponsor or Customer Content is reported to Local Ascension LLC as being offensive or inappropriate, we have full authority to either restrict the Visitor/Sponsor/Customer’s ability to post/advertise Content OR to immediately terminate the service of the User/Sponsor/Customer, without further notification to the User/Sponsor/Customer.

Without limiting the foregoing, we have sole discretion to remove any Content that violates this Agreement or is otherwise objectionable in our sole discretion.

Users, Visitors, Sponsors, Customers are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Users, Visitors, Sponsors, Customers shall respect copyright and trademark laws.

You warrant that you will not use our Products and/or Services to infringe the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating users'/customers’ access who we deem, in our sole discretion, to be infringers of other’s intellectual property rights.

As a User or Customer, you agree not to use our Products and/or Services and/or Website(s) to do any of the following:

1) upload, post or otherwise transmit any Content that:

a. Violates any local, state, federal, or international laws.

b. Infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party.

c. Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another's privacy, hateful, or racially, ethically or otherwise objectionable.

d. Links directly or indirectly to any materials to which you do not have a right to link.

e. Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.

f. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from our Website or Services.

g. Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation except for the specific legitimate information you are posting.

h. You do not have a right to transmit under any law (i.e. intellectual property laws) or under contractual or fiduciary relationships (i.e. non-disclosure Agreements).

i. In the sole judgment of Local Ascension LLC, is objectionable or which restricts or inhibits any other person from using or enjoying our Website(s) or Products or Services, or which may expose Local Ascension LLC, our affiliates, or our Users to any harm or liability of any type.

2) use our Content to:

a. Develop a competing website and/or products and/or service and/or business(s).

b Create compilations or derivative works as defined under United States copyright laws.

c. Re-distribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism.

3) Decompile, disassemble or reverse engineer our Website(s), Products, Services, and any related software.

4) Use our Website(s) or Products or Services in any manner that violates this Agreement or any local, state, federal, or international laws.

Use of Information

We reserve the right, and you authorize us, to the use and assignment of all of your information regarding your use of our Website(s) and Products and Services in any manner consistent with our Privacy Policy.

All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, “Submission”) is considered assigned to us and is as such considered our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations.

Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere and we will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Privacy Policy

Our Privacy Policy is considered part of this Agreement. You must review this Privacy Policy.

Unlawful Activity

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

Linking to Our Website(s)

You may provide links to our Website(s), provided (a) that you do not remove or obscure, by framing or otherwise, any portion of our Website(s), (b) your website does not engage in illegal or pornographic activities, and (c) you discontinue providing links to our Website(s) immediately upon request by us.

Links to Other Websites

Our Website(s) may, from time to time, contain links to third party websites. These links are provided as a convenience to you. We may receive payment by advertisers for such links. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. Inclusion of links for any website on our Website(s) does not mean that we endorse, guarantee, warrant, or recommend the services, information, content and/or data of such third party websites. Local Ascension LLC has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.

Payments

You represent and warrant that if you are purchasing something from us that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the charges incurred, including any surcharge we may incur due to such dishonored payment.

Refund and Return Policy

Local Ascension LLC offers no refunds for products or services purchased from us.

Indemnification

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website(s) or Products or Services.

Arbitration

Any legal controversy or legal claim arising out of or relating to this Agreement and/or our Products and/or Service, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, website operations, intellectual property, and our Products and Services, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.

The arbitration shall be conducted in Media, Pennsylvania, USA, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in Media, Pennsylvania, USA, necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs.

General Terms

This Agreement shall be treated as though it were executed and performed in Media, Pennsylvania, USA, and shall be governed by and construed in accordance with the laws of the State of Pennsylvania without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website(s) or Products or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.