Leaderboard Terms of Use

Welcome to the Leaderboard service (the “Service”), a is owned and operated by Jackson Stevens Global (“JSG”). These Leaderboard service terms (“Terms of Use”) constitute a legally binding agreement between you and JSG. Please read these Terms of Use, and any additional terms and conditions, policies and guidelines referenced herein, before using the Service.

The Terms of Use identify what a user of the Service (“you” or “your” or “User” or “Users”) can expect from the Service from JSG (“JSG”, “we”, “us” or “our”), and/or persons who provide products or services to JSG through the Service. By using the Service, creating an account, making a payment for the Service, you agree that you have read, understood, and agree to be bound by the Terms of Use. If you do not agree to be bound by these Terms of Use and to follow all applicable laws, you should leave the Service or any other JSG Service immediately.

1.1. Licenses. JSG grants the User a limited, nonexclusive, revocable license to access and use the Service, its Content (as that term is defined in below) solely for User’s personal interests in seeking employment opportunities. All rights are reserved and no implied licenses are granted.

1.2. Restrictions. The licenses in Section 1.1 do not include any rights to: (a) modify, download (other than automatic page caching by your browser), reproduce, copy, or resell the Service, the Content or any portion or derivative thereof; (b) use the Services or any Content for the benefit of any third party; (c) enable high volume, automated, electronic processes that apply to the Service or its systems, the Content or any portion or derivative thereof; (d) use any robot, spider, data miner, crawler, scraper or other automated means to access, scrape, or index the Service or its systems, the Content or any portion or derivative thereof for any purpose; (e) interfere or attempt to interfere with the proper working of the Service; (f) bypass any measures used by JSG to prevent or restrict access to any portion of the Service, the Content or any portion or derivative thereof; (g) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of JSG; (h) use JSG’s name, trademarks, services marks or logos in any meta tags or any other “hidden text”; (i) compile, repackage, disseminate, or otherwise use data extracted from the Service; or (j) reverse engineer, disassembly, or research the Service for any purpose including for creating a competitive service or product.

1.3. Data Access and Exchange Services. Anyone who uses or access the Service, including anyone that provides any automated means to access, read, write, interface with, translate, interpret, alter, or amend data or information stored in, processed by, or accessed from, the Service (including Content), or that reverse engineers, dissembles, analyzes, or seeks to uncover the structure of the Service (including its data structures) is a “Data Access Provider,” and any tool, device, software, program, script, or other means that performs any of forgoing functions is a “Data Access Tools.” Data Access Providers acknowledges and agrees that the use of Data Access tools (directly or indirectly) or other utilization of the Service or its contents constitutes “use” of the Service subject to the terms and conditions of these Terms or Use. Upon actual or constructive notice of the terms and conditions of this Agreement, and by providing continued use of, and access to, Data Access Tools, Data Access Providers acknowledge and agree that they are, and agree to be, legally bound by the terms and conditions of these Terms of Use. Any Data Access Tools cannot be used or provided without the prior express written consent of JSG, which consent JSG may withhold or grant solely at JSG’s discretion. JSG’s consent may include terms and conditions that alter, amend, supersede, or replace the terms and conditions of these Terms of Use as set forth in the written consent or other agreement agreed to by the parties. Absent express written consent from JSG (such consent not to be inferred or implied by this Agreement), in no event shall JSG have any obligation under these Terms of Use to protect any information of any Data Access Providers, provide any support services to any Data Access Providers, provide any Data Access Provider any representations or warranties of any kind at all with regard to the Service. DATA ACCESS PROVIDERS ACKNOWLEDGE AND AGREE THAT BY ENTERING INTO THIS AGREEMENT THAT JSG IS NOT IN ANY WAY ENDORSING, AGREEING TO, OR ACCEPTING ANY DATA ACCESS TOOLS EXCEPT THROUGH JSG’S EXPRESS WRITTEN CONSENT AS SET FORTH HEREIN. JSG DOES NOT IN ANY WAY REPRESENT OR WARRANT THAT THE JSG SOFTWARE OR ANY DATA OR INFORMATION CONTAINED THEREIN IS COMPATIBLE WITH, SUITABLE FOR, OR CAPABLE OF WORKING WITH, ANY DATA ACCESS TOOL, OR THAT JSG WILL NOT MAKE CHANGES TO THE JSG SOFTWARE THAT MAY RENDER ANY DATA ACCESS TOOL INOPERATIVE. JSG RESERVES ALL RIGHTS TO OBJECT TO, CHALLENGE, AND CIRCUMVENT ANY METHOD OR PROCESS FOR OBTAINING JSG DATA AND INFORMATION, OR ANY OTHER INFORMATION STORED IN THE JSG SOFTWARE NOT PROVIDED FOR UNDER THIS AGREEMENT, AND ANY DATA ACCESS PROVIDER HEREBY WAIVES ANY CLAIM OF DETRIMENTAL RELIANCE OR PROMISSORY ESTOPPEL RELATING THERETO.

JSG, or its subsidiaries, or affiliates, or third parties from whom JSG has permission, own the trademarks or service marks that are used on the Service. All rights are reserved and no implied licenses are granted. These and other graphics, logos, service marks, trademarks, and trade dress of JSG and its licensors may not be used without prior written consent of JSG or its licensor, as the case may be. Without limiting the foregoing, no JSG trademark or trade dress may be used in connection with any product or service that is not JSG’s, in any manner that is likely to cause confusion among Users, or in any manner that disparages, or discredits JSG.

3.1. Proprietary Rights. User acknowledges that the Service contains certain content (such as text, graphics, photographs, video, audio, code, data, and other information relating to any employment opportunities and other subjects) (“Content”), that is protected by this contract as well as by copyrights, trademarks, patents, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. The Content is or may be copyrighted as a collective work under the U.S. copyright laws, and JSG owns a copyright in the selection, coordination, arrangement, and enhancement of such Content provided on the Service. User may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, reverse engineer, decompile, create derivative works from, or in any way exploit any such Content, in whole or in part. User may not upload, post, copy, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other property right.

3.2. Third-Party Content. JSG may from time to time distribute and publish on the Service content supplied by others such as third parties or users. JSG assumes no editorial control over such Content, and is not obligated to review such content. Any opinions, advice, statements, services, offers, or other information that constitutes part of content, expressed, or made available by third parties, including any other User, are those of the respective authors or distributors and not of JSG or any JSG third party provider, unless expressly stated otherwise. JSG makes no representations, warranties, or guarantees on the accuracy, completeness, or usefulness of any third-party content unless otherwise expressly stated. Under no circumstance shall JSG be liable for any loss, damage, or harm caused by a User’s reliance on information obtained through the Service. It is the responsibility of User to evaluate the accuracy, completeness, or usefulness of the information, opinion, advice, third party content, or Content available through the Service. As between User and JSG, the use of and rights to Content shall apply to third party content.

4.1. Prices. The fees charged for the Service shall be as by JSG at the time of User’s access to the Services, subject to any changes to the fees made by JSG from time to time at its discretion.

4.2. Payment. User agrees to pay JSG for the Services in a time and manner set forth by JSG at the time User’s access to the Services, or in such other manner communicated to User by JSG. Payment is nonrefundable, and without recourse.

4.3. Taxes. A current resale certificate or tax exemption form must accompany this application, or be on file with JSG, if purchases are deemed to be tax exempt per current tax law. If no such exemption certificate is provided or on file with JSG, JSG will charge sales or use tax on all purchases by you.

The Services are marketed for and directed towards adults. Individuals under the age of 18 are not permitted to use JSG websites without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account or to post personal information on our websites. Should we learn that someone under the age of 13 has provided any personal information to or on any of the JSG websites, we will remove that information as soon as possible.

6.1. Termination Rights. JSG may issue a warning, temporarily suspend, indefinitely suspend or terminate any User’s license and right to use or access all or any part of the Service including any account thereon, without notice, for any reason in JSG’s sole discretion, including, without limitation, violation of the Terms of Use, JSG’s belief that such access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, JSG or another party, or that continued use and access constitutes a security risk.

6.2. Restricted Users. In certain cases, in JSG’s sole discretion, JSG may provide written notice (a “Restriction Notice”) to a User (a “Restricted User”) to inform such Restricted User that: (a) his or her right to use or access any part of the Service has been suspended or terminated, including the right to use, access or create any account thereon; (b) that JSG refuses to provide any use or access to such Restricted User; and (c) any subsequent orders placed by a Restricted User will be subject to cancellation. Other conditions may apply and shall be set forth in the Restriction Notice.

You agree to indemnify, defend and hold JSG (and its affiliates, employees, contractors, agents, suppliers and partners) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including reasonable attorneys' fees, brought by any third party due to or arising out of: (a) such User’s access and use of the Service; (b) any alleged breach or violation of the Terms of Use; or (c) such User’s violation of any law or the rights of a third party. JSG reserves the right, at User’s expense, to assume the exclusive defense and control of any matter for which such User is required to indemnify JSG, and User agrees to cooperate with JSG’s defense of such matter. This defense and indemnification obligation is intended to extend to the fullest extent permitted by law and will survive the Terms of Use and your use of the Service.

8.1. Account Password. Every User that has an account for the Service is responsible for: (a) keeping his or her account credentials (including passwords) confidential and secured; (b) ensuring that no one other than User accesses User’s account (User shall not share account credentials with anyone); and (c) keeping the contact information associated with that account current. User acknowledges that it is necessary to keep the e-mail address associated with his or her account current because although the User may be able to log into his or her JSG account using an old e-mail address, such User will not receive messages from JSG about his or her orders and inquiries or other matters.

8.2. Account Security. User accepts full responsibility for all activities that occur within such User’s JSG account or within the Service interactive community, whether or not authorized by the User.

User use of the Service will require the user to provide JSG with personal information such as name, username, biographical information, employment history and preferences, and other information. By submitting User information to the Service, or for use by the Service, including User’s personal information, User represents and warrants that User is the owner or authorized licensor of such information has the right to provide the information and that the information is truthful and accurate, and hereby expressly grants JSG a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, publish, translate, sublicense, copy, modify, delete, enhance and distribute the information in whole or in part worldwide and/or to incorporate such information in other works in any form, media, or technology now known or hereafter developed subject only to the limits of applicable law and JSG’s privacy policy, which is incorporated herein by reference.

JSG represents and warrants that the Services will conform in all material regards with the documentation for the Services, and will be free from material errors and defects. JSG reserves the right to change or modify its documentation without prior notice. Any warranty claim must be made promptly upon detection or occurrence of the problem, and User must provide adequate documentation thereof, and the claim must be reproducible by JSG. User’s sole remedy, and JSG’s sole liability, for a warranty claim is to correct the Services to rectify the claim.

(a) EXCEPT AS SET FORTH IN SECTION 10, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS STATED IN THIS AGREEMENT, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER, AND THE USE OF THE SERVICE IS AT YOUR SOLE RISK, AND NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, IS MADE THAT THE SERVICE: (a) BE UNINTERRUPTED OR SECURE; (b) BE FREE OF DEFECTS, INACCURACIES OR ERRORS; OR (c) OTHERWISE MEET YOUR REQUIREMENTS OR RESULT IN ANY PARTICULAR OUTCOME. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, LACK OF HIDDEN OR LATENT DEFECTS, SECURITY, MERCHANTABILITY, SATISFACTORY QUALITY, QUIET ENJOYMENT AND NON-INFRINGEMENT OR ARISING BY REASON OF CUSTOM OR USAGE IN THE TRADE OR BY COURSE OF DEALING.

(b) JSG IS NOT RESPONSIBLE FOR AND MAKES NO WARRANTIES, EXPRESS, OR IMPLIED, AS TO ANY, USER CONTENT. USER CONTENT DOES NOT NECESSARILY REFLECT THE OPINIONS OR POLICIES OF JSG. JSG IS NOT RESPONSIBLE FOR THE CONTENT, ACCURACY OR OPINIONS EXPRESSED ON ANY WEBSITES LINKED TO ON THE SITE, AND SUCH WEBSITES ARE NOT NECESSARILY INVESTIGATED, MONITORED OR CHECKED FOR ACCURACY OR COMPLETENESS BY JSG. YOUR ACCESS THESE THIRD PARTY SITES AT YOUR OWN RISK.

(c) JSG DOES NOT PROVIDE PROFESSIONAL EMPLOYMENT ADVICE OR COUNSELING. THE SERVICE IS MERELY A TOOL TO ASSIST THE USER IN SEEKING EMPLOYMENT OPPORTUNITIES. IT IS UP TO THE USER TO MAKE ALL EMPLOYMENT RELATED DETERMINATIONS, AND JSG DOES NOT GUARANTEE ANY PARTICULAR RESULT, EMPLOYMENT OUTCOME, OPPORTUNITY, OR REFERRAL, OR THAT USER WILL BE SATISFIED WITH ANY DECISION THEY MAKE WITH REGARD TO THE FOREGOING WHETHER THAT DECISION IS BASED ON USER’S USE OF THE SERVICES OR NOT.

(a) EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JSG WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST REVENUE, LOST OR CORRUPTED DATA, OR DAMAGE TO REPUTATION OR GOODWILL OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES OR LOSSES ARISING FROM, RELATING TO OR CONNECTED WITH YOUR USE OF (OR INABILITY TO USE) THE SITE OR FOR ANY PRODUCT PURCHASED THEREON REGARDLESS OF THE CAUSE OF ACTION ON WHICH THE CLAIM IS BASED (INCLUDING NEGLIGENCE, TORT, CONTRACT, STRICT LIABILITY, PRODUCT DEFECT OR MISREPRESENTATION), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) IN THOSE JURISDICTIONS WHERE THE LIMITATION OF LIABILITY SET FORTH HEREIN ARE NOT ALLOWED BY LAW, IN THOSE JURISDICTIONS JSG DISCLAIMS LIABILITY TO THE FULLEST EXTENT ALLOWED UNDER SUCH LAWS, BUT NOT LESS THAN DISCLAIMING LIABILITY FOR ANY DAMAGES RESULTING FROM THE SITE OR ANY PRODUCTS PURCHASES THEREON UNLESS SUCH DAMAGES ARE THE RESULT OF OUR NEGLIGENT OR RECKLESS ACTS OR OMISSIONS.

(c) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OUR AGGREGATE LIABILITY RELATED TO THE SITES OR ANY PRODUCTS PURCHASED THEREON EXCEED US $100 IN TOTAL.

12.1. Severability. The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. The failure of JSG to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

12.2. Applicable Law, Jurisdiction. For Users in the U.S.A. This agreement shall be governed by the laws of the State of Minnesota without giving effect to its conflict or choice of law rules. The parties hereto agree that the application of the United Nations Convention on Contracts for the International Sale of Goods to this agreement does not apply and is strictly excluded. All disputes under these terms and conditions and all claims arising out of or related to this agreement shall be resolved by courts located in the State of Minnesota. The parties agree and consent to the exclusive jurisdiction and venue of the federal and state courts in the State of Minnesota, and you waive any jurisdiction or venue defense otherwise available

(a) Any software distributed by JSG is “commercial computer software” or “commercial computer software documentation.” The U.S. Government’s rights with respect to the Service are limited by these Terms and Conditions of Use, pursuant to FAR § 12.212(a) and/or DFARS § 227.7202-1(a), as applicable. User agrees that by installing, copying, or otherwise using the Service that: (i) User does not reside in a country subject to embargo or export controls by the U.S. Government; (ii) User is not on the List of Denied Persons as published by the U.S. government; and (iii) User will not use the Service for any illegal purpose. Because the Service, and related technical data are subject to U.S. export controls, User agrees that User shall not upload, export or “re-export” (transfer) the Service or any Content, unless User has complied with all applicable U.S. export controls.

(b) Sale or retransfer of products supplied by JSG must comply with applicable laws restricting the export or re-export of those products (“Export Controls”), including all economic or financial sanctions and trade embargoes imposed, administered, or enforced from time to time by the U.S. or EU government or other relevant sanctions authority with jurisdiction over the parties (“Sanctions Laws”). You understand and agrees that with respect to products provided to you: (a) you will not export, re-export or otherwise transfer the products to: (i) a country, territory or person to which/whom such export, re-export or transfer is prohibited by applicable law, including without limitation Export Controls and Sanctions Laws; or (ii) to a country or territory that is itself the subject or target of comprehensive Sanctions Laws including U.S. Sanctions; and (b) you confirm that you are not acquiring the products for any military, nuclear, terrorist or missile end use or end user.

The Terms of Use, including all documents referenced herein, represents the entire understanding between User and JSG regarding User’s relationship with JSG and supersedes any prior or contemporaneous statements or representations. Headings used in the Terms of Use are for reference only and shall not affect the meaning of any terms. As used in these Terms of Use, “including” means “including, without limitation.”

JSG may modify these Terms and Conditions from time to time, and you agree to comply with any such modifications and agree to monitory these Terms of Use periodically for any updates; provided, however that JSG will make reasonable efforts to notify you of changes to these Terms of Use using the contact information provided by you. Your continued use of the Services after such notice shall constitute your acceptance of the modifications.