Terms & Conditions
TERMS & CONDITIONS
These Terms are deemed accepted by You each time that You use or access the Site or Services. If You do not accept the Terms stated here, do not use the Site or the Services.
“Services” means the services offered by Inkwell relating to individuals seeking employment and/or career information and employers seeking employees, as well as the processing of related information and communications from employers and job applicants, including job postings, applications and resumes.
Inkwell may revise these Terms at any time by posting an updated version to this webpage. You should visit this page periodically to review the most current Terms because they are binding on You.
Users of the Site (“Users”) who violate these Terms may have their access and use of the Site and Services suspended or terminated, at Inkwell’s sole discretion.
You must be 13 years of age or older to visit or use the Site in any manner, and, if under the age of 18 or the age of majority as that is defined in Your jurisdiction, you must use the Site under the supervision of a parent, legal guardian, or other responsible adult.
- Use of Inkwell Content.
- Inkwell authorizes You, subject to these Terms, to access and use the Site and the Inkwell Content (as defined below) solely for Your personal, non-public use. The contents of the Site, such as designs, text, graphics, images, video, information, logos, button icons, software, audio files and other Inkwell content (collectively, "Inkwell Content"), are protected under copyright, trademark and other laws. All Inkwell Content is the property of Inkwell or its licensors. The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of Inkwell and is protected by copyright, trademark, and other laws. Unauthorized use of the Inkwell Content may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited. You must preserve all copyright, trademark, service mark and other proprietary notices contained in the original Inkwell Content on any authorized copy You make of the Inkwell Content.
- Any code that Inkwell creates to generate or display any Inkwell Content or the pages making up the Site is also protected by Inkwell's copyright and You may not copy or adapt such code.
- You agree not to sell or modify the Inkwell Content or reproduce, display, publicly perform, distribute, or otherwise use the Inkwell Content in any way for any public or commercial purpose, in connection with products or services that are not those of the Site, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Inkwell or its licensors, that dilutes the strength of Inkwell's or its licensors’ property, or that otherwise infringes Inkwell's or its licensors’ intellectual property rights. You further agree to in no other way misuse Inkwell Content. The use of the Inkwell Content on any other application, website or in a networked computer environment for any purpose is prohibited. Any code that Inkwell creates to generate or display any Inkwell Content or the pages making up any Service is also protected by Inkwell's copyright and you may not copy or adapt such code.
- Use of the Services.
- The job postings, resume and candidate information and other information made available to you by Inkwell (“Inkwell Employment Data”) may be used only by individuals seeking employment and/or career information and by employers seeking employees. Your use of the Services is also subject to any other contracts You may have with Inkwell. In the case of any conflict between these Terms and any contract you have with Inkwell, the terms of your contract will prevail. The term “post” as used herein shall mean information that You submit, publish or display on the Site.
- You agree that you shall not, in your use of the Site, the Services or the Inkwell Employment Data:
- take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure;
- use any device to navigate or search the Site other than the tools available on the Site, generally available third party web browsers, or other tools approved by Inkwell;
- use any data mining, robots or similar data gathering or extraction methods;
- violate or attempt to violate the security of the Site including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- reverse engineer or decompile any parts of the Site;
- aggregate, copy or duplicate in any manner any of the Inkwell Content, Inkwell Employment Data or other information available from the Site other than as permitted by these Terms;
- post any content or material that promotes or endorses false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by these Terms, such as violating someone's privacy, providing or creating computer viruses or pirating media;
- post any resume or apply for any job on behalf of another party;
- access data not intended for You or logging into a server or account which You are not authorized to access;
- post or submit to the Site any incomplete, false or inaccurate biographical information or information which is not Your own;
- harass, incite harassment or advocate harassment of any group, company, or individual;
- send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes promoting and/or advertising products or services to any User, or contact any users that have specifically requested not to be contacted by You;
- attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "spamming", "mailbombing" or "crashing";
- use the Services for any unlawful purpose or any illegal activity, or post or submit any content, resume, or job posting that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by Inkwell’s discretion.
- Additional Terms Applicable to Inkwell’s Refer-A-Friend Program.
- Inkwell’s Refer-A-Friend Program (the “Program”) offers two ways for a person (“Referrer”) to make referrals of new clients to Inkwell. Referrers can refer a new individual to apply as a candidate for employment placement by Inkwell (a “Professional Friend”), or refer a new employer to submit job listings to Inkwell for placement (a “Business Friend” and, together with Professional Friends, “Friends”).
- In order to be eligible for the Program, a Referrer must have an active application for placement services with Inkwell prior to receipt of the Friend’s application or job listing. The Referrer must be a United States resident and must have current, accurate contact information (name, address, phone and email) on file with Inkwell.
- Current employees of Inkwell and their relatives are not eligible for the Program.
- The Friend must be a current personal contact of the Referrer. Inkwell reserves the right to disqualify from the Program any Referrer who sends unsolicited emails to anyone unknown to the Referrer or is fraudulent, dishonest, or in violation of these rules or any federal, state or local law. The Referrer is responsible for any complaints from or legal claims by third parties due to spamming, harassment, fraud, violation of federal, state or local law, or other acts or omissions of the Referrer. Referrer agrees to indemnify Inkwell for any such claims.
- The Referrer is eligible for an award of up to $10,000 for a successful referral of a Professional Friend or a Business Friend. The amount of the award is determined by Inkwell, in its sole discretion, according to a sliding scale which is based on the nature of the referral and the resulting placement or job posting.
- Referral of a Professional Friend is considered successful upon such Professional Friend’s placement by Inkwell and (i) where such placement is for employment, the payment of placement fees to Inkwell and the expiry of any period for the refund of such placement fees, or (ii) where such placement is for a consulting arrangement, the completion of such consulting arrangement.
- Referral of a Business Friend is considered successful upon Inkwell’s placement of a candidate with such Business Friend and (i) where such placement is for employment, the payment of placement fees to Inkwell and the expiry of any period for the refund of such placement fees, or (ii) where such placement is for a consulting arrangement, the completion of such consulting arrangement.
- The Referrer will not be eligible for an award under this Program unless the Friend sufficiently identifies the Referrer at the time of submitting the application or job listing. The Friend must include the Referrer’s full name and one of the following – address, phone number or email. That information must match the Referrer’s information currently on file with Inkwell.
- A Friend may only be referred to Inkwell once. If a Friend is referred to Inkwell more than once, then only the first Referrer will be eligible for an award, in respect of such Friend’s first successful placement or job posting.
- A referral of a Friend will remain active for one (1) year from the date it is received. During that period, no other referrals for the same Friend will be accepted. After that period, a new referral of that same Friend may only be accepted at Inkwell’s discretion and, in the absence of such acceptance, no award shall be payable in respect of placements of or to that Friend, as applicable.
- A Referrer will be notified by Inkwell via email once the criteria for an award have been met. The Referrer then has fifteen (15) business days to respond and claim the award, otherwise the award will be forfeited.
- Inkwell has no responsibility or liability for referrals or other communications that are not received or completed due to incorrect or incomplete contact information, computer or internet malfunction, or any other reason beyond the control of Inkwell. It is the responsibility of the Referrer to make sure that contact information on file with Inkwell remains accurate.
- The Referrer is solely responsible for reporting and paying federal, state and local taxes or any other obligations due to receipt of the award.
- Inkwell, at its discretion, may terminate or amend the terms of the Program at any time without notice. Only those referrals received before the effective date of the Program’s termination will be eligible for the Program.
- In the event of any dispute regarding these Terms or any award determination under the Program, the decision of Inkwell shall be final.
- Additional Terms Applicable to Employers.
- Employers are solely responsible for the postings they make available through the Site or Services. Inkwell is not to be considered to be an employer with respect to any person’s use of the Site and Inkwell shall not be responsible for any employment decisions, for whatever reason.
- You may not, through your use of the Services, recruit for any jobs in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property.
- Inkwell reserves the right to remove or refuse any job posting or content from the Site, which in the reasonable exercise of Inkwell’s discretion, does not comply with these Terms, or if any content is posted that Inkwell believes is not in the best interest of Inkwell.
- If at any time during Your use of the Services, You made a misrepresentation of fact to Inkwell or otherwise misled Inkwell in regards to the nature of Your business activities, Inkwell will have grounds to terminate Your use of the Services.
- You shall use the Inkwell Employment Data as provided in these Terms and in any contract You have with Inkwell. You shall use the Inkwell Employment Data in accordance with all applicable privacy and data protection laws, and You agree You shall not further disclose any of the Inkwell Employment Data to any third party, unless You are authorized.
- You shall take appropriate physical, technical, and administrative measures to protect the data You have obtained from Inkwell Employment Data from loss, misuse, unauthorized access, disclosure, alteration or destruction.
- The Inkwell Employment Data shall not be used (i) for any purpose other than as an employer seeking employees, including but not limited to advertising promotions, products, or services to any resume holders, (ii) to make unsolicited phone calls or faxes or send unsolicited mail, email, or newsletters to resume holders or to contact any individual unless they have agreed to be contacted (where consent is required or, if express consent is not required, who has not informed you that they want to be contacted), or (iii) to source candidates or to contact job seekers or resume holders in regards to career fairs.
- User Content and Submissions.
- You understand that all information, data, text, software, photographs, graphics, video, messages or other materials submitted, posted or displayed by You on or through the Site or Services ("User Content") is the sole responsibility of the person from which such User Content originated. Inkwell claims no ownership or control over any User Content. You or a third party licensor, as appropriate, retain all intellectual property rights to any User Content you submit, post or display on or through the Site or the Services and you are responsible for protecting those rights, as appropriate. By submitting User Content on or through the Site or the Services, you grant Inkwell a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, reproduce, adapt, distribute and publish such User Content in accordance with Inkwell’s customary processes and procedures. Inkwell reserves the right to refuse to accept, post, display or transmit any User Content in its sole discretion.
- You also represent and warrant that You have the right to grant, or that the holder of any rights, including moral rights in such User Content has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant, the license stated above. If You post User Content in any public area of the Site, You also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on the Site retains any and all rights that may exist in such User Content. Inkwell may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of the Site. Inkwell reserves the right to expel Users and prevent their further access to the Site and/or use of the Services for violating the Terms or applicable laws, rules or regulations. Inkwell may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for Inkwell, damage Inkwell’s brand or public image, or cause Inkwell to lose Users or (in whole or in part), the services of its ISPs or other suppliers.
- Inkwell does not represent or guarantee the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any communications or information transmitted by Users. Nor does Inkwell endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at Your own risk.
- The following is a partial list of User Content that is prohibited to be submitted, published or displayed on or through the Site or the Services. The list below is for illustration only and is not a complete list of all prohibited User Content. Content that:
- is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;
- harasses, incites harassment or advocates harassment of any group or individual;
- involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing, “spamming” or “phishing”;
- promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- contains restricted or password only access pages, or hidden pages or images;
- displays or links to pornographic, indecent or sexually explicit material of any kind;
- provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or
- solicits passwords or personal identifying information from other Users.
- Identification of Agent to Receive Notification and Elements of Notification of Claimed Copyright or Trademark Infringement.
If You believe that Your copyrighted work or trademark has been uploaded, posted or copied to the Site and is accessible on the Site in a way that constitutes copyright or trademark infringement, please contact Inkwell by email at firstname.lastname@example.org or by regular mail at:Inkwell, LLC
36 Arcadia Rd, Suite 320
Old Greenwich, CT 06870
Attn: Legal Department-DMCA
- Policy Regarding Termination of Users Who Infringe the Copyright or Other Intellectual Property Rights of Others.
Inkwell respects the intellectual property of others, and we ask our Users to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner’s rights. As a condition to Your use of the Site, You agree not to use the Site to infringe the intellectual property rights of others in any way. Inkwell reserves the right to terminate the accounts of any Users, and block access to the Site of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. Inkwell reserves the right, in its sole discretion, to take these actions to limit access to the Site, in our sole discretion, by Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement, with or without notice, and without any liability to the User who is terminated or to the User whose access is blocked. Notwithstanding the foregoing, in the event that You believe in good faith that a notice of copyright infringement has been wrongly filed against You, please contact Inkwell as set forth in Section 6 above.
- Inkwell's Liability.
- Inkwell is not responsible for User Content, the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the User Content, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings and Inkwell makes no representations about any jobs, resumes or User Content. While Inkwell reserves the right in its sole discretion to remove User Content, job postings, resumes or other material from the Site or the Services from time to time, Inkwell does not assume any obligation to do so and to the extent permitted by law, disclaims any liability for failing to take any such action.
- Note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other Users with whom You come in contact through the Site or the Services.
- Because User authentication on the Internet is difficult, Inkwell 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 behavior of participants on the Site, in the event that You have a dispute with one or more Users, You release Inkwell (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) 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 to the fullest extent permitted by law.
- The Site and the Inkwell Content may contain inaccuracies or typographical errors. Inkwell makes no representations about the accuracy, reliability, completeness, or timeliness of the Site or the Inkwell Content. The use of the Site and the Inkwell Content is at Your own risk. Changes are periodically made to Site and may be made at any time. Inkwell cannot guarantee and does not promise any specific results from use of the Site. No advice or information, whether oral or written, obtained by a User from Inkwell or through or from the Site shall create any warranty not expressly stated herein.
- If You are a California resident, You waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
- Inkwell encourages You to keep a back-up copy of any of Your User Content. To the extent permitted by law, in no event shall Inkwell be liable for the deletion, loss, or unauthorized modification of any User Content.
- If You believe that something on the Site violates these Terms please contact our designated agent set forth in Section 6 above.
- If notified of any content or other materials which allegedly do not conform to these Terms, Inkwell may in its sole discretion investigate the allegation and determine whether to remove or request the removal of the content. Inkwell has no liability or responsibility to Users for performance or nonperformance of such activities.
- TO THE FULLEST EXTENT POSSIBLE BY LAW, INKWELL DOES NOT WARRANT THAT THE SITE OR ANY SERVICES WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE OR SERVICES OR THE INKWELL CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, INKWELL IS NOT RESPONSIBLE FOR THOSE COSTS. THE SITE, SERVICES AND INKWELL CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. INKWELL, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. INKWELL MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE INKWELL CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
- TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL INKWELL BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE, SERVICES AND THE INKWELL CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT INKWELL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- TO THE FULLEST EXTENT POSSIBLE BY LAW, INKWELL'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SERVICES OR YOUR USE OF THE INKWELL CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
- Links to Other Sites.
The Site may contain links to third party websites. These links are provided solely as a convenience to You and not as an endorsement by Inkwell of the contents on such third-party websites. Inkwell is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party websites. If You decide to access linked third-party websites, You do so at Your own risk.
- No Resale or Unauthorized Commercial Use.
You agree not to resell or assign Your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of the Site or the Services.
You agree to defend, indemnify, and hold harmless Inkwell, its affiliates, and their respective members, managers, officers, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide, (ii) Your use of any Inkwell Content, (iii) Your breach of these Terms, or (iv) Your negligence, willful misconduct, or illegal act or omission.
- Inkwell makes no claims or representations that the Inkwell Content may be lawfully viewed or accessed outside of the United States. Access to the Inkwell Content may not be legal by certain persons or in certain countries. If You access the Site You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction.
- These Terms are governed by the internal substantive laws of the State of Connecticut, without respect to its conflict of laws principles. Jurisdiction for any claims arising under these Terms shall lie exclusively with the state or federal courts within the State of Connecticut. If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, Inkwell’s failure to enforce any of these Terms shall not be deemed as a waiver of such term or otherwise affect Inkwell’s ability to enforce such term at any point in the future. Except as expressly provided in an additional agreement, additional Terms for certain areas of the Site, a particular "Legal Notice," or material on particular pages on the Site, these Terms constitute the entire agreement between You and Inkwell with respect to the use of the Site. No changes to these Terms shall be made except by a revised posting on this page.
- These Terms will remain in full force and effect while You are a User of the Site. Inkwell 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 Site and immediate termination of Your ability to access the Site and/or any other Services provided to You by Inkwell, upon any breach by You of these Terms or if Inkwell is unable to verify or authenticate any information You submit. Even after You are no longer a User of the Site or the Services, certain provisions of these Terms will remain in effect, including Sections 1, 2, 5, 6, and 8 through 13, inclusive.