Terms of Service

EZEARNED may terminate, change, suspend or discontinue any aspect of this Site, including

(i) changing the availability of any features at any time without notice or liability;

(ii) changing any fees or charges for use of the Site, including instituting new or increased fees or charges for the use of the Site or any other Site-related services (the “Services”) or any features thereof;

(iii) removing, adding, modifying or otherwise changing any Content on or from this Site; or (iv) imposing limits on certain features and Services or restricting your access to parts or all of this Site without notice or liability for any reason whatsoever. EZEARNED reserves the right but not the duty, in its sole discretion, to correct any errors or omissions in any portion of this Site at any time without notice.

1. Permitted and Prohibited Uses

The Site may be used only for lawful purposes by individuals seeking employment and career information (“Candidates”), and by individuals and/or organizations seeking to make available information regarding employment openings, on their behalf or other’s behalf (“Employers”). You agree to use the Site only to send Materials and receive Content that are proper and related to the purpose of the Site.

Subject to these Terms and Conditions, EZEARNED grants you a non-exclusive, non-transferable, limited right to access, use and view this Site and the Content thereon, solely for your own personal or internal company use, provided, however, that you may not, nor may you allow others to, directly or indirectly: (i) remove, from any copy of the Content downloaded, the copyright or other proprietary notices contained in the Content; (ii) sell, reproduce, modify or attempt to modify the Content in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose, including without limitation use of the Content on any other web site; (iii) transfer the Content to any other person without the written consent of EZEARNED; (iv) print or copy any of the HTML or other computer programs that are accessible at this Site; (v) use this Site in any manner that could damage, disable, overburden or impair this Site; (vi) interfere with the security of, or otherwise abuse, this Site or any services, system resources, accounts, servers or networks connected to or accessible through this Site or affiliated or linked sites; (vii) disrupt or interfere with any other person’s use or enjoyment of this Site or affiliated or linked sites; (viii) upload, post or otherwise transmit on this Site any Materials that would negatively affect the functioning of the Site, including without limitation computer viruses, Trojan horses, worms or other harmful, disruptive or destructive files or computer programs or that imposes an unreasonable or disproportionately large load on this Site’s infrastructure; (ix) use any robot, spider or other automatic program or device, or manual process to monitor, crawl, scrape, copy, summarize, or otherwise extract information from this Site or the Content in whole or in part; (x) use or attempt to use another’s account, password, service, system or other information without prior written authorization from EZEARNED; (xi) create or use a false identity on this Site; (xii) attempt to obtain unauthorized access to this Site or portions of this Site that are restricted from general access; (xiii) transmit on, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail; (xiv) harvest or otherwise collect information about others, except for the sole stated purposes provided by this Site, including e-mail addresses, without their consent; or (xv) register an e-mail address that you do not own or for which you do not have the express permission of the owner to register.

In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Site, and that you will comply with all laws that apply or may apply to your use of or activities on this Site or in respect of the Materials and Content. EZEARNED will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

In particular, you acknowledge that you are responsible for the information and material that you submit to this Site (each a “Submission”), and that you, and not EZEARNED, will have full responsibility for each such Submission, including its legality, reliability, appropriateness, originality and copyright. Unless otherwise explicitly stated herein or in the Privacy Policy, you agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. Subject to our compliance with our Privacy Policy, you agree that EZEARNED and its affiliates shall be free to use or disseminate a Submission on an unrestricted basis for any purpose. If you submit information to the Sites, you grant EZEARNED and its affiliates a non-exclusive, worldwide, royalty-free license to (in any media now known or not currently known or invented) link to, utilize, use, copy, exploit, and prepare derivative works of the Submission. No information you submit shall be deemed confidential. However, EZEARNED agrees to use your information in accordance with WP’s Privacy Policy applicable to personally identifiable information. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY INFORMATION YOU SUBMIT TO WP THROUGH THE SITE. Notwithstanding the foregoing, you hereby assign to ezearned all right, title and interest in and to any new feature that you may suggest or submit to ezearned and you acknowledge and agree that ezearned may use such suggestion or submission in any manner, including, without limitation, to develop features for the Site.

You agree that any Submission by you will comply with the Terms and Conditions. Ezearned and its affiliates reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all parts of a Submission should it determine that such Submission is in violation with any provision of the Terms and Conditions.Ezearned reserves the right at all times to disclose any Materials provided by you as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to transmit or remove any Materials, in whole or in part, that in ezearned sole discretion is objectionable or in violation of these Terms and Conditions.

2.Links and Third Party Materials

Certain links on this Site may take you to other web sites. EZEARNED provides these links only as a convenience. These linked sites are not necessarily under the control of EZEARNED . If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements.

EZEARNED is not responsible for the contents of any such linked page or any other page not under its control. EZEARNED makes no representation or warranty regarding, and does not endorse, any linked web sites, the information appearing thereon or any of the products or services described. Links do not imply that EZEARNED sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of EZEARNED . Your correspondence, participation in, or any other dealings with such third parties are solely between you and such third party, and such third parties may provide you with other offers or follow up email from their website or other sources. In the event you apply to any job or forward any correspondence to any entity using an External Web Site you have linked to through the Sites, please note that you are bound to the terms and privacy policy of that External Web Site and not EZEARNED Terms and Conditions. Please read those third party terms carefully as those are the terms that shall govern your communications or your applications.

3. Agreement to Privacy Policy

You agree to abide by the PRIVACY POLICY a copy of which is accessible from the home page of this Site.

4. Disclaimers

You acknowledge that any use of or reliance on this Site or any Content shall be at your sole risk. EZEARNED makes no representation or warranty of any kind regarding the Site and/or the Content, including with respect to the information provided by third party legal and other consultants, all of which are provided on an “AS IS” basis. EZEARNED EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WP DOES NOT WARRANT THAT THIS SITE WILL CONTINUE TO OPERATE, OPERATE WITHOUT INTERRUPTIONS OR THAT IT WILL BE ERROR-FREE.

This Site acts as a venue, among other things, for Employers to post job opportunities and may extend to permitting Candidates to post resumes. EZEARNED does not screen or censor the listings offered. As a result, EZEARNED has no control over the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of Employers to offer job opportunities to Candidates or the ability of Candidates to fill job openings. In addition, there may be risks, including but not limited to risk of physical harm of dealing with strangers, foreign nationals, underage persons or people acting under false pretences. You assume all risks associated with dealing with other users with whom you come in contact through the Site.

User authentication on the Internet is difficult. Consequently, EZEARNED cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behaviour of participants on this Site, in the event that you have a dispute with one or more users, you release EZEARNED (and our agents and employees) from all claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

EZEARNED is under no legal obligation to, and generally does not, control the Materials provided by third parties which is made available through the Site. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabelled or deceptively labelled. EZEARNED does not guarantee, and makes no representations or warranties as to the truthfulness, accuracy, reliability, currency, veracity or completeness of the Content or about the results to be obtained using the Content. The use of the Site and the Content is at your own risk. Changes are periodically made to the Site and may be made at any time.This Site contains materials, data and information which is provided, posted or offered by third parties. You agree that EZEARNED shall have no liability whatsoever for any such third party material, data or information.

EZEARNED shall not be responsible for any employment decisions, for whatever reason made, by any entity posting jobs on the Site.

5. Legal Information

YITO INC. DBA EZEARNED (“EZEARNED”, “COMPANY,” “WE,” “US”) PROVIDES THIS WEB SITE AND ALL SITE-RELATED SERVICES, INCLUDING THE CONTENT AND CODE RELATED THERETO (COLLECTIVELY, THE “SITE”), SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THIS TERMS OF USE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE USING THIS SITE. By using the Site, you agree to be bound by these terms and conditions. If you are using this Site or its services as the representative of an employer, recruiter, staffing agency, or other business, you represent that you have the authority to bind such employer, recruiter, staffing agency, or other business entity to these terms and conditions, and by using the Site or our services, you agree that such employer, recruiter, staffing agency, or other business entity is bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use the Site.

This Agreement is made between the Company and you, the Site visitor and/or registered user and as applicable the business you represent(“you”). We reserve the right at any time to:

6. Warranty Information; Disclaimer

THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE RELATED SERVICE, OR ANY PRODUCT OR SERVICE LICENSED, PURCHASED OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DICE INC. AND ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, SPONSORS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT NEITHER EZEARNED , ITS SUBSIDIARIES, AFFILIATES, SPONSORS, SUPPLIERS NOR AGENTS MAKES ANY REPRESENTATION AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE OR THE SITE-RELATED SERVICES. EZEARNED AND ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE OR THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE (OR THE SERVER(S) ON WHICH IT IS HOSTED) OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE SOFTWARE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF DICE INC. OR ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, AGENTS, REGISTERED USERS, OR VISITORS, WHETHER MADE ON THE SITE, OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.

You acknowledge that the Site could include inaccuracies or errors, or materials that violate these Terms of Use (specifically, the “Code of Conduct” section). Additionally, you acknowledge that unauthorized additions, deletions and alterations could be made by third parties to the Site. Although the Company attempts to ensure the integrity and the accuracy of the Site, it makes no guarantees whatsoever as to the Site’s completeness or correctness. In the event that such a situation arises, please contact us at [email protected] with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on “Claims of Copyright Infringement”. The Site is only a venue allowing for the posting by employers, recruiters and staffing agencies of available job opportunities at their companies or companies they represent (hereinafter referred to collectively as “employers”) and by candidates of their own resumes. The Company does not evaluate or censor the resumes, job listings or other information posted to the Site. Moreover, the Company is not involved in the actual transaction, if any, between potential employers and candidates. Consequently, we have no control over the quality, safety or legality of the job listings posted to the Site, the truth or accuracy of such job listings or resumes, the ability of employers to hire candidates or the ability of candidates to fill job openings.

Because user authentication on the Internet is difficult, the Company cannot and does not confirm that users are who they claim to be. Because we do not and cannot be involved in user-to-user transactions or control the behavior of the Site’s users, in the event that you have a dispute with one or more Site users, you release EZEARNED (and its subsidiaries, affiliates, agents and employees) from all claims, demands and damages (actual and consequential, direct and indirect) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes. You acknowledge that there may be certain risks, including but not limited to the risk of physical harm and of dealing with strangers, underage persons or people acting under false pretenses, associated with pursuing relationships begun on the Internet. You assume all risks related to dealing with other users with whom you have had contact through the Site.

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume, job listing or other material you post to the Site. The Company neither warrants nor guarantees that a resume or job posting will be viewed by any specific number of users, or that a resume or job listing will be viewed by any user. We are not to be considered as an employer with respect to your use of the Site and we shall not be responsible for any employment decisions made by any entity posting job listings or resumes to the Site.

7. Limitation of Liability

NEITHER EZEARNED NOR ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, ADVERTISERS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR CONTENT CONTAINED ON THE SITE, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION
(WHETHER IN CONTRACT, TORT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE.

8. Acknowledgement

This Site may contain links to other web sites operated by third parties, other than affiliates of the Company (“Linked Sites”). We neither control nor endorse such other web sites, nor have we reviewed or approved any content that appears on the Linked Sites. You acknowledge that when you click on a link to visit a Linked Site, a frame may appear that contains the Company logo, advertisements and/or other content selected by the Company. You acknowledge that the Company and its sponsors neither endorse nor are affiliated with the Linked Sites and are not responsible for any content that appears on the Linked Sites. You also acknowledge that the owner of the Linked Site neither endorses nor is affiliated with the Company and its sponsors.

9. PROCESSING OF PERSONAL DATA

Company will make available to corporate clients to which it provides services (“Clients”) information relating to an identified or identifiable natural person (“Personal Data”). With respect to such Personal Data, Company and its Clients shall both be regarded as Data Controllers. With respect to Processing of Personal Data covered by the General Data Protection Regulation (“GDPR”) or any other law regarding the collection, use, disclosure, or security of Personal Data (“Data Protection Laws and Regulations”), Client shall have the obligations set forth in this section. All capitalized terms not otherwise defined in these Terms and Conditions shall have the same meaning as provided by GDPR. Client shall treat Personal Data as confidential information.Processing of Personal Data shall solely be done in accordance with this Agreement. Client shall comply with all obligations of a Data Controller under the GDPR and any other Data Protection Law and Regulation with respect to its Processing of Personal Data. Client shall ensure that there is a valid, lawful basis for all Processing of Personal Data that Client undertakes or directs to be undertaken on its behalf, and that it has obtained all necessary consents or authorizations under GDPR or any other Data Protection Law and Regulation for its Processing. Client shall ensure that Client is entitled to access the relevant Personal Data and can lawfully use, Process, and transfer Personal Data in accordance with these Terms and Data Protection Law and Regulations.

In the event Client engages Sub-processors, Client shall implement written contracts to ensure compliance with all obligations mandated by Data Protection Laws and Regulations associated with the Personal Data they are Processing. Client shall only engage Sub-processors capable of Processing Personal Data in compliance with Data Protection Laws and Regulations, including GDPR. Client shall be liable for the acts and omissions of its Sub-processors to the same extent Client would be liable if performing the Processing of each Sub-processor directly.

Upon notice, Client shall stop and remediate any unauthorized Processing.Client shall comply with any requests by Data Subjects to exercise their individual rights under GDPR or any other data protection law, including rights to access, correct, amend, block, restrict, or delete their Personal Data, as required by Data Protection Laws and Regulations.

Client shall, to the extent legally permitted, promptly notify Company if it receives a request from a Data Subject for exercise of an individual right under GDPR or any other law, including rights for access to, or correction, amendment, blocking, restriction, or deletion of that person’s Personal Data, that may impact Company’s Processing of the Personal Data. Client shall fully address that person’s request unless it is not possible to do so without assistance from Company. In any such case, Client shall provide commercially reasonable cooperation and assistance to Company in relation to handling of a Data Subject’s request.Client shall ensure that its personnel engaged in the Processing of Personal Data are informed of the confidential nature of the Personal Data, have received appropriate training on their responsibilities, and are under an appropriate obligation of confidentiality (whether contractual or statutory). Client shall take commercially reasonable steps to ensure the reliability of any personnel engaged in the Processing of Personal Data.Client shall implement and maintain administrative, physical, and technical safeguards to ensure protection of the security, confidentiality, and integrity of Personal Data, as provided by Data Protection Laws and Regulations, including GDPR. Client’s security measures must be designed to protect Personal Data from and against accidental or unlawful destruction, loss, alteration, or unauthorised disclosure or access. Client shall regularly monitor compliance with its safeguards. Client will not take any action or engage in any practice that in any way decreases the overall security of Company or its Services Taking into account the nature of Processing and the information available to Client, Client shall assist Company, to the extent necessary or appropriate, with Company’s obligations pursuant to Art. 32 – 36 GDPR, in particular with respect to the security of the Processing, data protection impact assessments, and consultation with Supervisory Authorities.

The Client shall immediately notify Company if it is subject to any investigation by a Supervisory Authority, and if it becomes subject to any control procedures or measures imposed by a Supervisory Authority pursuant to the GDPR or other Data Protection Law and Regulation. This shall also apply to the extent that a competent authority conducts investigations at Client pursuant to the GDPR or other Data Protection Law and Regulation.

If Client transfers Personal Data to a third country or international organization, Client shall make such transfer only in accordance with GDPR and Data Protection Law and Regulations, and agrees to disclose or publish information on the appropriate or suitable safeguards that have been used to make such transfers to the third country to the extent required under the GDPR or other Data Protection Law and Regulation to inform the Data Subject. Client shall maintain security incident management policies and procedures and shall, to the extent permitted by law, promptly notify Company of any actual or reasonably suspected accidental or unlawful destruction, loss, alteration, unauthorized disclosure, of, or access to Personal Data, Processed by Client or its Processors of which Client becomes aware (a “Security Breach”) without undue delay and in any event within 24 hours. Client shall make reasonable efforts to identify and remediate the cause of such Security Breach. Client shall be solely responsible to notify Supervisory Authorities and Data Subjects of any Security Breach and pay all costs associated with the same.

10. Making Purchases

If products or services are made available at the Site, and if you wish to license or make purchases of products or services described on the Site, you may be asked by us or the applicable merchant or service provider to supply certain information, including but not limited to credit card or other information. If you submit such information to us, you understand that any such information will be treated by Company in the manner described in our privacy policy. You agree that all information that you provide to us or any such merchant or service provider will be accurate, complete and current. You agree to pay all charges incurred by you or any users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Moreover, you agree to review and to comply with the terms and conditions of any specific agreement, if any, that you enter into with the merchant and/or service provider in connection with the licensing or purchase of any product or service.

11. Submissions

Because our designees and we host job boards and other forums found on the Site and elsewhere and, therefore, redistribute materials you give us, we require certain rights in those materials. Therefore, by sending or transmitting to us resources, information, ideas, notes, concepts, trademarks, service marks or other materials (including, but not limited to, job postings) (collectively, “Content”), or by posting such Content to any area of the Site, you grant us and our designees a worldwide, non-exclusive, sub- licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to link to reproduce, distribute (through multiple tiers), adapt, create derivative works of, publicly perform, publicly display, digitally perform or otherwise use such Content in any media now known or hereafter developed. You hereby grant the Company permission to display your logo, trademarks and company name on the Site and in press and other public releases or filings. Further, by submitting Content to the Company, you acknowledge that you have the authority to grant such rights to the Company. PLEASE NOTE THAT YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS, TRADEMARKS AND SERVICE MARKS IN ANY CONTENT YOU SUBMIT.

None of the Content is endorsed by the Company, and the Company cannot and does not make any representations with respect to the truth or reliability of the Content. The Company reserves the right to remove any Content, in whole or in part, from the Site.

12. Registration

Use of Secure Areas and Passwords Some areas of the Site may require you to register with us. When and if you register, you agree to (a) provide accurate, current, and complete information about yourself as prompted by our registration form (including your e-mail address) and (b) to maintain and update your information (including your e- mail address) to keep it accurate, current, and complete. You acknowledge that should any information provided by you be found to be untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement with you and your use of the Site.

As part of the registration process, your user name will be your email address and you will be asked to select a password. We may refuse to allow you to use a username that impersonates someone else, may be illegal, may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You will be responsible for the confidentiality and use of your password and agree not to distribute, transfer or resell your use of or access to the Site to any third party. If more than one individual wishes to use a single password belonging to a registered user, such registered user must request permission from the Company in writing, it being understood that the Company shall be under no obligation to approve any such request. If you are a job seeker who has reason to believe that your account with us is no longer secure, you must promptly change your password by updating your account information from the “My Dice” tab of the Site and immediately notifying us of the problem via email addressed to [email protected] If you are a customer who has reason to believe that your account with us is no longer secure, you must promptly contact Customer Support via email addressed to [email protected] YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND SOLELY AND ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

13. Claims of Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you have a good faith belief that materials hosted by us infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed upon; (b) identification of the copyrighted work claimed to have been infringed upon (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Site; (d) the name, address, telephone number, and e- mail address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to Dice Inc., 1040 Avenue of the Americas, New York, NY 10018, (tel) 212-725-6550, (fax) 212-725-9127, Attention: Vice President & General Counsel. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

14. Legal Notices

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: • Pricing Information: Current rates for our services may be obtained by calling us at 855-846-8645or by sending an e-mail to the ezearned sales division . We reserve the right to change fees, surcharges, monthly or other periodic subscription fees or to institute new fees at any time as provided in this Agreement• Complaints: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, CA 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

15. Miscellaneous

This Agreement is entered into in the State of New York and shall be governed by and construed in accordance with the laws of the State of New York, exclusive of its choice of law rules. Each party to this Agreement hereby submits to the exclusive jurisdiction of the state and federal courts sitting in the County of New York in the State of New York for any dispute arising under or in connection with this Agreement, the Site or any Site-related services, and waives any jurisdictional, venue or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. Failure of any party to insist upon strict compliance with any of the terms and conditions of this Agreement shall not be deemed a waiver or relinquishment of any similar right or power at any subsequent time.

This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly canceled. This Agreement is not assignable, transferable or sub-licensable by you except with prior written consent. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. The Company reserves the right in its sole discretion to terminate the use of the Site by a user at any time.

16. Mobile Services

If You use the EZEARNED Sites through a mobile device, You agree that information about Your use of the EZEARNED Sites through Your mobile device and carrier may be communicated to us, including but not limited to Your mobile carrier, Your mobile device, or Your physical location. In addition, use of the ezearned Sites through a mobile device may cause data to be displayed on and through Your mobile device. By accessing the EZEARNED Sites using a mobile device, You represent that to the extent You import any of Your ezearned data to Your mobile device that You have authority to share the transferred data with Your mobile carrier or other access provider. In the event You change or deactivate Your mobile account, You must promptly update Your EZEARNED account information to ensure that Your messages are not sent to the person that acquires Your old number and failure to do so is Your responsibility. You acknowledge You are responsible for all charges and necessary permissions related to accessing the EZEARNED Sites through Your mobile access provider. Therefore, You should check with Your provider to find out if the EZEARNED Sites are available and the terms for these services for Your specific mobile devices. By using any downloadable application to enable Your use of the EZEARNED Sites, You are explicitly confirming Your acceptance of the terms of the End User License Agreement associated with the Application provided at download or installation, or as may be updated from time to time.

17. Term and Termination.

These Terms will remain in full force and effect while You are a User of any EZEARNED Site. EZEARNED reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of Your User Content from the EZEARNED Sites and immediate termination of Your registration with or ability to access the EZEARNED Sites and/or any other services provided to You by EZEARNED , upon any breach by You of these Terms or if EZEARNED is unable to verify or authenticate any information You submit to a EZEARNED Site registration. Even after You are no longer a User of the EZEARNED Sites, certain provisions of these Terms will remain in effect thru certain articles above