Already a member? Sign in here
Terms of Use

Website Terms of Use

These Website Terms of Use (“Terms of Use”) apply to the following web sites operated and controlled by Optin Holdings, LLC (either “we,” “us” or “OH”), www.jobdefender.com and www.optinholdings.com (the “Sites”). These Terms of Use set forth legally binding terms that govern and restrict your use of the Sites.
YOUR AFFIRMATIVE ACT OF USING AND/OR REGISTERING WITH THE SITES SIGNIFIES THAT YOU AGREE TO THE FOLLOWING TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE AND/OR REGISTER WITH THESE SITES.
You understand and agree that the Sites are semi-public and provided to you on an AS IS and AS AVAILABLE basis. We disclaim all responsibility and liability for the availability, timeliness, security or reliability of the Sites, the accuracy of any opinion or information contained on the Sites, or the availability and reliability of any other software offered by us. The opinions expressed on the Sites are not necessarily the opinions of us and may or may not be totally accurate. We also reserve the right to modify, suspend or discontinue the Sites with or without notice at any time and without any liability to you.
  1. Copyright Ownership

    2. The Sites contain copyrighted material, trademarks and other proprietary information, including comments, articles, information, catalogs, brochures, data, text, software, photos, video and graphics (“Content”). This Content is subject to copyrights owned by OH and other individuals or entities and is protected by United States and international copyright laws.

  2. Use of OH Content

    3. You may use the Sites and the Content offered on the Sites only for INTERNAL OR PERSONAL purposes. OH authorizes you to view or download a single copy of the material on the Sites solely for your internal or personal, use so long as you do not remove the copyright and other proprietary rights notices that were contained in the Content. You may not use the Sites to sell a product or service; however, you may use it to obtain information about potentially engaging in business with us. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the Content of these Sites or any portion of such Content. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of the Sites or Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate U.S. or international copyright, trademark, and/or other laws.
    If you violate these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

  3. Trademark Rights
    4. The names, trademarks, service marks, and logos of OH belong exclusively to OH and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. All other trademarks, service marks, and logos (including third-party product names) are the property of their respective owners. The use or misuse of these trademarks is expressly prohibited and nothing stated or implied on these Sites confers on you any license or right under any patent or trademark of OH or any third party.

  4. User Submissions, Forums and Public Areas
    5. USE OF OH FORUMS AND PUBLIC AREAS, OR ANY FORUMS OR PUBLIC AREAS OFFERED ON OUR SITES, INCLUDING PORTIONS OF THE SITE THAT REQUIRE PUBLIC COMMENTARY, SUCH AS NEWS LINKS OR RELATED ARTICLES, CONSTITUTES ACCEPTANCE OF ALL OF THE TERMS AND CONDITIONS DESCRIBED HEREIN.

    Certain places within the Sites, such as forums, blog pages or other public areas, may allow users to post comments or communications that are publicly accessible and non-confidential. The content and communications posted within these areas is largely controlled by our users. OH, or the party hosting such a public area, has no control over such content and cannot guarantee the accuracy or reliability of any such content or communications. Thus, the responsibility for what is posted on these pages of the Sites lies with each user -- you alone are responsible for material you post.

    Neither OH nor any third party host of such a public area claims ownership of any of the information or material that you transmit, distribute, post, communicate, or store on, to, or through the Sites. Therefore, by submitting any such material or communication to the Sites, you warrant that you own or otherwise control all the rights to any content or communications submitted by you to the Sites and that you will not upload or transmit any communications or content of any type that infringes upon or violates any rights of any party. By submitting communications or content to any part the Sites, you agree that such submission is non-confidential and is not otherwise protected by any other law, including privacy, publicity, copyright or trademark law.

    By submitting communications or content to a public area of the Sites, you agree that such submission is non-confidential for all purposes. You agree to allow OH and all other persons or organizations involved in the operation of the Sites the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Sites. OH and/or one of its agents or partners reserves the right, but shall have no obligation, to investigate the Sites or your use of the Sites in order to (a) determine whether a violation of these Terms of Use has occurred, (b) comply with any applicable law, regulation, legal process or governmental request, or to (c) remove any postings, profiles, and to terminate your ability to post to the service at any time without notice, in its sole discretion. OH also reserves the right to disclose any information necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials in whole or in part.

    Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate U.S. or international copyright, trademark, and/or other laws.

  5. License Grant
    6. If you make any submission to or communications on the Sites, you automatically grant, or warrant that the owner of such content has expressly granted OH, a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content material in any media or medium, or any form, format, or forum now known or hereafter developed. OH may sublicense its rights through multiple tiers of sublicenses.

  6. Rules for Posting Questions and Comments in Forums and Public Areas

    7. OH does not control the content or communications of any of the public areas on the Sites. However, OH reserves the right to monitor public areas to ensure the content and communications in such areas are within the spirit of the purpose of the Sites and do not otherwise violate these Terms of Use. Specifically, the following actions will constitute a material breach of these Terms of Use:

    1. Posts that contain your full name(s), or any other confidential identifiable information of yourself or others;
    2. Using a public area for any purpose in violation of local, state, federal, or international laws;
    3. Posting material that infringes on the rights of others, including copyrights, trademarks, trade secrets, publicity or privacy rights;
    4. Posting material that is unlawful, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by OH in its sole discretion;
    5. Posting advertisements, solicitations or spam links to other web sites or individuals, without prior written permission from OH;
    6. Posting chain letters or pyramid schemes;
    7. Impersonating another business, person or entity, including OH, its related entities, employees and agents;
    8. Registering under more than one name and/or e-mail address;
    9. Distributing viruses or other harmful computer code;
    10. Harvesting or otherwise collecting information about others, including email addresses, without their consent;
    11. Allowing any other person or entity to use your identification for posting or viewing comments;
    12. Posting any communications that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
    13. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the public area or the Sites, or which, in the judgment of OH, exposes OH or any of its customers, partners or suppliers to any liability or detriment of any type;
    14. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);

    Users who violate these terms shall be liable for any claim, action, damage or harm caused to OH, the user and any other injured party. Furthermore, OH may terminate the account of any person who violates these Terms of Use and the rules provided above.

  7. Monitoring

    8. We shall have the right, but not the obligation, to monitor the content of the Sites to determine compliance with these Terms of Use and any other operating rules that may be established by us from time to time. We shall have the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on the Sites. Without limiting the foregoing, we shall have the right, but not the obligation, to remove any material that we, in our sole discretion, find to be in violation of the provisions hereof, otherwise objectionable or stale. Notwithstanding this right of ours, users shall remain solely responsible for the content of their messages. You acknowledge and agree that neither us nor any of our affiliates shall assume or have any liability for any action or inaction by us with respect to any conduct within the Sites or any communication or posting on the Sites.

  8. Enforcement of these Terms of Use

    9. In the event that any of the terms of these Terms of Use have been breached or any rule stated above violated, OH reserves the right (but is not obligated) to do any or all of the following:

    1. Record the dialogue in public areas on the Sites.
    2. Investigate an allegation that a communication does not conform to these Terms of Use and determine in its sole discretion to remove or request the removal of the communication.
    3. Remove communications that it determines, in its sole discretion, to be abusive, illegal, or disruptive, or that otherwise fail to conform to these Terms of Use.
    4. Terminate a user's access to any portions or pages of the Sites.
    5. Monitor, edit, or disclose any communication made on the Sites.
    6. Edit or delete any communication posted on the Sites, regardless of whether such communication violates these Terms of Use.

    OH reserves the right to take any other action it deems necessary to protect the personal safety of our guests, visitors, or the public.

  9. Disclaimer of Warranties

    10. THE SITES AND THE CONTENT ON THE SITES ARE PROVIDED “AS IS.” OH MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SITES OR THE CONTENT OR COMMUNICATIONS ON THE SITES, OR ANY WEB SITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITES, TO THE EXTENT PERMITTED BY LAW. OH DISCLAIMS IMPLIED WARRANTIES THAT THE SITES AND ALL SOFTWARE, CONTENT AND SERVICES, INFORMATION DISTRIBUTED THROUGH THE SITES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OH OR A REPRESENTATIVE SHALL CREATE A WARRANTY.

    When using the Sites, information will be transmitted over a medium which is beyond the control and jurisdiction of OH, its partners, advertisers, and sponsors. Accordingly, OH assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Sites. WE DO NOT GUARANTEE THAT THE SITES WILL MEET YOUR REQUIREMENTS, OR THAT THEY ARE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE SERVICES THAT MAY BE OBTAINED FROM THE USE OF THE SITES, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, AND ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING.

    FURTHER, OH DOES NOT ENDORSE AND MAKES NO WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITES. UNDER NO CIRCUMSTANCES WILL OH BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT ON THE SITES.

  10. Limitation of Liability

    11. In no event shall OH, its partners, sponsors, advertisers, agents or licensors, or any third parties mentioned on the Sites be liable for any damages (including, without limitation, incidental, consequential or other indirect damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Sites, the Content or any communications of the Sites, whether based on warranty, contract, tort, or any other legal theory, and whether or not OH is advised of the possibility of such damages. OH is not liable for any personal injury, including death, caused by your use or misuse of the Sites, Content, or public area.

    YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH OH IS TO DISCONTINUE YOUR USE OF THE SITES OR ANY SERVICE OFFERED BY OH. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES AND SUBSIDIARIES FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITES EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE.

  11. Indemnification

    12. By using the Sites you agree to indemnify and hold OH, its officers, directors, employees, affiliates, agents, attorneys, representatives and members harmless from any and all losses, damages, liabilities, claims, demands, suits, or causes of action (including reasonable attorneys' fees and costs) arising from your use or misuse of the Sites.

  12. Passwords

    13. Registration as a user or subscriber with the Sites may require both a user name and a password, and certain portions of the Sites may require use of multiple one time or persistent passwords. You should consider your user names and passwords as confidential information. Anyone with knowledge of both your user name and password can gain access to the restricted portions of the Sites and to your account. You must keep your user name and password confidential. You shall immediately notify us if you become aware of any loss or theft of your password or any unauthorized use of your user name and password. WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THESE OBLIGATIONS. We reserve the right to delete or change a user name or password at any time and for any reason.

  13. Privacy

    14. We collect personal information on the Sites, which is subject to the terms of our privacy statement, located at www.jobdefender.com/index/privacy

  14. Children and Teens


    15. The sites are not intended for use by persons under the age of 18. By submitting information to the Sites, you have indicated that you are at least 18 years old or older.

  15. Links to External Sites

    16. The Sites may contain links to other web sites. We are not responsible for the availability of these external sites nor does it endorse the activities or services provided by these web sites. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external web sites.

  16. Procedure for Making a Claim of Copyright Infringement

    17. We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the Sites in a way that constitutes copyright infringement, please follow the instructions below on how to contact us to report possible copyright infringement.

    Please provide the following information to our Copyright Agent through the contact us for at http://jobdefender.com/index/contactus:

    • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
    • a description of the copyrighted work that you claim has been infringed;
    • a description of where the material that you claim is infringing is located on the Sites;
    • your address, telephone number, and email address;
    • 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
    • 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.

  17. Choice of Law

    18. This Terms of Use Agreement is governed by the laws of the state of California, USA, exclusive of its choice of law principles. ANY CLAIM, ACTION OR DISPUTE ARISING OUT OF OR RELATING TO THE SITES OR OTHERWISE BETWEEN YOU AND US SHALL BE SETTLED BY BINDING ARBITRATION IN SANTA BARARA, CALIFORNIA, IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. NEITHER YOU NOR WE MAY CONSOLIDATE OR JOIN ANY CLAIM OR ACTION IN ARBITRATION WITH ANY OTHER CLAIM OR ACTION OR ACT AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OR PRIVATE ATTORNEY GENERAL. JUDGMENT UPON ANY AWARD OF THE ARBITRATOR MAY BE ENTERED IN ANY FEDERAL OR STATE COURT HAVING JURISDICTION. THIS ARBITRATION PROVISION AND THIS TERMS OF USE AGREEMENT ARE GOVERNED BY THE FEDERAL ARBITRATION ACT.

    PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF CALIFORNIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF CALIFORNIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

  18. Termination

    19. We shall have the right to immediately terminate these Terms of Use with respect to any user which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of this Agreement. The provisions of Sections 1, 2, 3, 5, 9, 10, 11, 16 and 17 shall survive termination of this Agreement.
Effective Date: August 1, 2009

Last Updated: August 1, 2009

Try JobDefender for Free for 7 Days > Sign up or Learn more