Terms and Conditions

Member Agreement

The following are the terms and conditions (these “Terms and Conditions”) of participating in the JobOverdrive.com Member Program (the “Program”). "Member" refers to you. We may also refer to you as “you” or “your” in the possessive. "Site" refers to us. "Site" means a World Wide Web site and, depending on the context, refers either to the JobOverdrive.com site, located at the URL www.JobOverdrive.com, or to any site that you will link to our site (and which you will identify in your Program application). JobOverdrive.com reserves the right to amend these Terms and Conditions as needed from time to time. You agree that any such amendment will apply to you, the Member. By accepting commissions where applicable and/or continuing to use JobOverdrive.com products, Member agrees to these amendments.

SPAM Policy

Sending any e-mail on any subject to anyone or any organization that has not requested this information, without specifically requesting it directly or by giving his or her permission for you to send them information, is prohibited. We do not tolerate members sending junk e-mail. Because of the nature of our service, you may be tempted to profit by sending mass e-mails. Be advised: You may not send unsolicited e-mail. E-mails are much more effective when sent to groups in an e-mail newsletter or others participating in a group program.

Sending junk e-mail advertising of any kind from our website(s) is cause for immediate and permanent termination of your account, including any and all affiliate commissions, where applicable.

We accept and log spamming complaints at our home office. The accumulation of 5 or more complaints to any single e-mail account is grounds for termination.

If you violate this policy and it causes damage or loss to our servers, or causes one (or more) of our web sites to be interrupted from normal service, you will be held liable for actual damages and/or any indirect, incidental, special or consequential damages, such as loss of business.

Supplementation of Information

We may, from time to time, supplement the information we collect online with outside records (e.g., information from our Strategic Partners or from wireless providers) to enhance our ability to serve you, to tailor our content to you, and to offer you opportunities to purchase products or services that we believe may be of interest to you.

We are able to offer our services to you, in part, based on your willingness to be reached by our third party advertisers. We may sell our user information and/or join together with other businesses to bring selected opportunities to our members. By allowing us to make the information you supply available to these third parties, you are able to receive free information on products and services that may be of interest to you. We will use contact information from your registration data to send you information about our products and services and to keep you informed of our other products and services that may be of interest to you. This information may also be shared with third party advertisers who may contact you by means of e-mail, telephone or other sources of marketing. We do not control, and are not responsible for, the practices of our third-party advertisers.

By submitting your e-mail address at the Website or the website of one of our marketing partners, and/or obtaining services from us, you agree to receive e-mail or telephone calls or other marketing from us and/or our third-party advertisers notwithstanding a prior decision, made by you, to opt out of this or any other of our or a third party affiliate of ours program, pursuant to the CAN-SPAM Act. By so doing, you are agreeing to opt back in and to receive marketing materials until you decide to opt-out. In addition, you agree that such act constitutes a purchase, an inquiry and/or an application for purposes of the Amended Telemarketing Sales Rule, 16 CFR §310 et seq. (the "ATSR"). Notwithstanding that your telephone number may be listed on the Federal Trade Commission's Do-Not-Call List, we retain the right to contact you via telemarketing in accordance with the ATSR. Moreover, by registering with, or requesting information from, a third-party advertiser at or through the Website or other advertisement media made available by us (e.g., email marketing), such action shall constitute a purchase, an inquiry and/or an application with the respective third-party advertiser for purposes of the ATSR and you may be contacted via email, direct mail and/or telemarketing by such third-party advertiser in accordance with the ATSR.

Participation in the Program

Your participation in the Program is based on good faith, to wit: that you represent the offers and savings, as delivered to you, correctly. We may terminate your membership in the Program at any time if we determine (in our sole discretion) that your representation and sites whereon you are advertising are unsuitable for the Program. Unsuitable sites include those that:

• Promote sexually explicit materials;
• Promote violence;
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
• Promote illegal activities; or
• Violate intellectual property rights.

If we terminate your membership in the Program for any reason, you are welcome to reapply to the Program at any time or contest the termination. You should also note that if we accept your application and your site is thereafter determined (in our sole discretion) to be unsuitable for the Program, we may terminate this agreement.

Fees and Pricing

Membership fees associated with the Program are monthly. This means you will automatically be billed a monthly fee of $29.95 for your online membership using the credit card information you provided. This offer can be cancelled at anytime by calling 1-866-972-6475.

Customers who join as Members through this Program will be deemed customers of JobOverdrive.com and its parent/sister organizations, affiliates, partners or associates. Accordingly, all JobOverdrive.com rules, policies, operating procedures, customer service, and sales will apply to those customers. We may change our policies and operating procedures at any time. Product prices and availability may vary from time to time. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product. Please feel free to call 1-866-972-6475 for any questions concerning your membership.

Terms of Guarantee

If you have not found a job and are unemployed after 180 days of service purchase date on this site, we will pay you $250 (reward). Payment will be remitted within 45 calendar days of the end of your 180 days of service. In order to receive the reward under these terms, the following conditions must be met:

A) You, the Purchaser, must provide reasonable proof that you submitted your resume to at least 30 different prospective employers within each 30-day timeframe (180 total) while you are a member of the site. Reasonable proof includes certified mail receipts, verifiable fax transmission receipts, and verifiable email confirmation receipts.
B) You, the Purchaser, must follow the communications plan outlined in our tracking system which includes telephone and/or email follow up for each resume submitted.
C) In certain cases, at our company’s sole discretion, you may be asked to provide proof of continued unemployment (in the form of a copy of a recent unemployment check or related, verifiable paperwork. This guarantee does not apply if you are already employed at the time of your request, even if such employment was not the result of using our services.
D) If, at anytime, during the 180 days of service, you were hired for a job of any kind, you are not eligible for the reward, even if you subsequently lose that job before the end of the 180 days of service.
D) A user is only eligible for the $250 reward once within a 36 month period.
E) All participants must reside in the United States of America.
F) Under no circumstance will any individual receive more than a $250 reward.

Other

1. Member may not use his or her knowledge, or association with other Members to compete against JobOverdrive.com. However, Members may partner with companies for the purpose of marketing or selling products from their Member sites. This would include, but not be limited to, Online Auction sites, traffic promotion sites, etc.
2. Member agrees that he or she is an independent contractor, and not an employee, agent, partner, legal representative, or franchisee of JobOverdrive.com. Member further agrees not to incur any debt, expense, and obligation on behalf of, for, or in the name of JobOverdrive.com.
3. Applications for Member status are subject to approval by JobOverdrive. com.
4. Member must be of legal age in his/her state.
5. JobOverdrive.com is not responsible for acts by third parties, or other events outside our reasonable control, which may temporarily disrupt or diminish Member’s service.
6. Member shall follow JobOverdrive.com advertising guidelines and agrees not to misrepresent JobOverdrive.com’s products or services.
7. JobOverdrive.com shall not be held liable for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to these terms and conditions or the Program, irrespective if JobOverdrive.com has been advised of the possibility of such damages. JobOverdrive.com aggregate liability arising under or with respect to these Terms and Conditions and/or the Program shall in no event exceed the total commissions paid or payable by JobOverdrive.com under this agreement.
8. JobOverdrive.com makes no warranties, expressed or implied, with regard to the Program except as outlined in the Terms and Conditions.
9. In the event that a provision in these Terms and Conditions is held to be invalid or un enforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the balance of these Terms and Conditions will remain in full force and effect.

PRIVACY

We respect your privacy for information you provide in connection with your use of JobOverdrive.com. Please see our Privacy Policy for more details.

Limitation on Liability

In no event will company or its directors, 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 the site or the service, any platform applications or any of the site content or other materials on, accessed through or downloaded from the site, even if the company is aware or has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the company’s liability to you 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 company for the service during the term of membership, but in no case will the company’s liability to you exceed $1000. You acknowledge that if no fees are paid to company for the service, you shall be limited to injunctive relief only, unless otherwise permitted by law and shall not be entitled to damages of any kind from company, regardless of the cause of action.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you and you may have additional rights.

Governing Law; Venue and Jurisdiction

By visiting or using the Site and/or the Service, you agree that the laws of the State of Florida, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts venued in Tampa, Florida, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts venued in Tampa, Florida.

Arbitration

You and company agree that, except as may otherwise be provided in regard to specific services on the site in any specific terms applicable to those services, the sole and exclusive forum and remedy for any and all disputes and claims relating in any way to or arising out of these terms of use, the site and/or the service (including your visit to or use of the site and/or the service) shall be final, and binding arbitration, except to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.

Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be in Tampa, Florida. If such costs are determined to be excessive in a consumer dispute, the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Service (including your visit to or use of the Site and/or the Service) be instituted more than three (3) years after the cause of action arose.

Indemnity

You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any information you post or share on or through the Site , your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.