Terms and Conditions of Use

Introductions

Thank you for visiting JoinJune.com! This website is owned and operated by June, Inc., a Delaware Corporation with its principal office located at 333 W North Ave, #309, Chicago, Illinois, 60610 legal@JoinJune.com (hereinafter referred to as “we”, “us”, “our”, or “June”). Parties accessing our website for the purpose of recruiting tech talent are referred to as “Recruiters” and are bound by the terms of our Subscription Agreement. Parties vising our Website on an individual basis and in the hope of securing employment are referred to as “Candidates” and are bound by the terms of our Code of Conduct.

By visiting our website at https://JoinJune.com/ (the “Website”) and accessing the information, resources, services, products, and tools we provide, all visitors and account holders (hereinafter referred as “you” or “Candidates” as appropriate) and all parties you cause to access the Website (including but not limited to your agents, employees, users, or third-parties) understand and agree to accept and adhere to the following terms and conditions as stated in this User Agreement (hereafter referred to as the “User Agreement”) and the terms and conditions of our Subscription Agreement, Code of Conduct, June Partner Program Agreement, June Referral Program Agreement, and Privacy Policy as posted on our Website athttps://JoinJune.com/legal. If you are using the Website a recruiter,

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of the Website after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

1) Section I – Responsible Use and Conduct

a) By visiting our Website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereinafter referred to as “Resources”), you agree to use these Resources only for the purposes intended as permitted by:

i) The terms of this User Agreement; and,

ii) Any and all applicable laws, regulations, and generally accepted online practices or guidelines.

b) By your use of the Website you acknowledge and agree that:

i) In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources;

ii) Any information you provide is accurate, correct, up-to-date, and updated in a timely manner if said information changes;

iii) We have the right to verify any information you provide via accessing publicly or privately available information that you have shared via social media or third-party accounts;

iv) We have the right, upon written request to you, to receive proof of the accuracy of all information you provide to us through the Website or otherwise;

v) You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources;

vi) You are responsible for all activities that occur under your account(s);

vii) Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited;

viii) You will not access (or attempt to access) any of our Resources through any automated, illegal, unethical, or unconventional means;

ix) You will not engage in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected;

x) You will not attempt to copy, duplicate, reproduce, sell, trade, or resell our Resources;

xi) You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained in this User Agreement, and may incur criminal or civil liability for any such unauthorized activities;

xii) You affirm, represent and warrant to us that you own or have the necessary licenses, rights, consents, and permissions to publish any and all transaction or other data that you enter into the Website or otherwise submit to us (the “Data”);

xiii) You hereby license to June all patent, trademark, trade secret, copyright, or other proprietary rights in and to such Data for any and all purposes, including but not limited to publication of such Data on the Website. You retain all of your ownership rights in the Data you provide to us unless otherwise stated in another agreement (e.g. the June Partner Program Agreement);

xiv) By submitting Data to us, you grant June a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, and display the Data in connection with the Website and all of our (and our successors’ and affiliates’) businesses, including without limitation, for promoting and redistributing the Data in any media formats and through any media channels that we, in our sole discretion, deem appropriate;

xv) In addition to our use of the Data, we may provide various open communication tools on our Website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that we generally do not pre-screen or monitor the content posted by users of these various communication tools; this means that if you choose to use these tools to submit any type of content to our Website, then it is your personal responsibility to use these tools in a responsible and ethical manner;

xvi) You will not upload, post, share, or otherwise distribute any content that:

(1) Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;

(2) Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;

(3) Contains any type of unauthorized or unsolicited advertising; or,

(4) Impersonates any person or entity, including any June employees or representatives.

xvii) We have the right to remove any content that we, in our sole discretion, determine (i) does not comply with the terms and conditions of this User Agreement or (ii) is otherwise offensive, harmful, objectionable, inaccurate, or violates any third party copyrights or trademarks;

xviii) We are not responsible for any delay or failure in removing such content;

xix) If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us; and,

xx) We do not assume any liability for any content posted by you or any other third party users of our Website.

c) By posting or otherwise submitting to us any and all content using any open communication tools on our Website, you grant to us a perpetual, irrevocable, worldwide, royalty-free, license to all such content that gives us the right to, without limitation, reproduce, modify, adapt, translate, publish, publicly display and/or distribute such content as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process and is necessary to use our Resources. All information provided as part of our registration process is covered by our Privacy Policy.

2) Section II - Billing

a) June Website features and Resources (including previously created transactions, contacts, candidates, companies, etc.) require an account to access and June reserves the right to block you from any and all access if you do not have an account.

b) Your June account has paid upgrades that introduce additional functionality and may be purchased at any time.

c) Only the Account Holder and your users have access to the June Website and Resources.

d) You will be billed upon the occurrence of a transaction. We reserve the right to modify our fees at any time for any reason upon notice to you through posting on our website or notification by email. Any increase in fees will be prospective only, beginning with the next transaction. If you attempt to circumvent paying for Services as required by the above terms, then June reserves the right to terminate any and all accounts that are in violation of these terms.

3) Section III – Refund Policy

a) June does not provide refunds for payments you make to our company under any circumstances. All payments made by you to June are non-refundable, regardless of how you view the performance of our product and/or regardless of your intentions when paying for our product.

4) Section IV – Candidate Fees, Payment, and Capacity

a) Fees to Candidate

i) The fee payable by June, Inc. to each Candidate shall be the Candidate’s chosen list price, minus June’s fees which may be changed in June’s discretion from time to time.

b) Revision of June’s Fees

i) June may, upon sixty (60) days prior notice to Candidate, change the fees for any or all services.

c) Payment

i) Candidate’s acknowledges and agrees that his or her payment is contingent upon and accurate and honest representation of his or her abilities and his or her performance. If a Candidate grossly misrepresents his or her abilities or acts in a manner contrary to June’s Terms and Conditions or Code of Conduct, then Candidate surrenders any and all right to payments from June, Inc.

ii) All fees deemed due hereunder by June, in its sole discretion, shall be paid within forty five (45) days of the date of a candidate’s interview. Payment shall be made in via interbank transfer to Candidate’s account at a bank designated by June.

d) Taxes

i) Candidate shall bear and be responsible for the payment of all taxes in the state or territory associated with the purchase or license of any interview conducted on the June Platform (other than taxes based on Company’ net income) fees, duties or other amounts, however designated, including value added and withholding taxes which are levied or based upon such charges, or upon this User Agreement. Taxes related to Service, Product, or Documentation and support services purchased, licensed or provided pursuant to this User Agreement shall be paid by Candidate or Candidate shall present an exemption certificate acceptable to the taxing authorities.

ii) In order to receive payment, Candidate must provide June with Candidate’s Social Security Number or Federal Employer Identification Number upon electing to transfer funds to Candidate’s account. June shall send Candidate IRS Form 1099 for all amounts paid to Candidate that are greater than or equal to $600.00 during a given tax year.

e) Dormant Accounts

i) Candidate is SOLELY responsible for providing payment details to June. If Candidate fails to provide and verify Candidate’s payment account within a reasonable amount of time then Candidate’s account will be deemed “Dormant” and June shall hold all funds owed to Candidate until the first occurrence of the following:

(1) Passage of thirty-six (36) Months; or,

(2) Candidate’s written request to June for the issuance of a draft (check) via USPS standard mail.

ii) After 36 Months June will deduct a 50% fee from Candidate’s account on a monthly basis until Candidate’s account returns to a $0 balance.

iii) Candidate’s account will not be charged anything in excess of the amount the Candidate earned.

f) Capacity/Independent Contractor

i) In providing Services under this User Agreement or any of the June Legal Agreements, it is expressly agreed that the Candidate is acting as an independent contractor and not as an employee. The Candidate and June further acknowledge that this User Agreement does not create a partnership or joint venture between the Parties and is exclusively a contract for services.

5) Section V – Privacy

a) Your privacy is very important to us, which is why we have created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our Privacy Policy is included under the scope of this User Agreement. Click here to read our Privacy Policy in its entirety.

6) Section VI – Data Storage Policy

a) June will not unilaterally delete any documents, data, or information associated with your account. You are responsible for backing up any and all documents, data, and information associated with your account.

b) TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL JUNE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES DUE TO THE LOSS OF DOCUMENTS, DATA, OR INFORMATION ASSOCIATED WITH YOUR JUNE ACCOUNT.

7) Section VII – Dispute Resolution and Intellectual Property

a) By using our Website, you expressly acknowledge and agree that all Resources we provide are “as is” and “as available.” While we work hard to ensure 99.9% uptime of our site, we do not represent or warrant to you or offer you any assurance whatsoever that:

i) The use of our Resources will meet your needs or requirements;

ii) The use of our Resources will be uninterrupted, timely, secure or free from errors or bugs;

iii) The information obtained by using our Resources will be accurate or reliable; and,

iv) Any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

b) Furthermore, you expressly acknowledge and agree that:

i) Any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.

ii) No information or advice, whether expressed, implied, oral or written, obtained by you from June or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

c) Limitation of Liability

i) In conjunction with the Limitation of Warranties as explained above, you expressly acknowledge and agree that any claim against us is subject to the Arbitration Agreement below and shall be limited to the amount you paid, if any, for use of products and/or services. June will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

d) Indemnification

i) June, Inc. will not indemnify you, your affiliates, or your directors, officers, managers, employees, donors, agents, or licensors.

ii) You agree to indemnify and hold harmless June and its affiliates, and their respective directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

e) Copyrights/Trademarks

i) All content, materials, and data available on June, including but not limited to text, graphics, website name, code, images, logos, data, or any other information that can be found on the June Website, are the property of June, and are protected by applicable copyright and trademark law. Any prohibited or inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any data or other content on the Website is strictly prohibited, unless specifically authorized in writing by June, Inc.

f) JoinJune.com DMCA Procedure

i) June, Inc. respects the intellectual property rights of others and we expect our users to do the same. Consistent with the Digital Millennium Copyright Act of 1998, we will respond promptly to claims of copyright infringement committed using our Website, Resources, and Services (the “Services”) if the claims comply with the law and are properly reported to our Designated Agent. Our Designated Agent is:

June, Inc.
ATTN: Legal Department
333 W North Ave, #309
Chicago, Illinois, 60610
legal@JoinJune.com

ii) If you are a copyright owner (or are authorized to act on behalf of one) please report alleged copyright infringements taking place on or through June by contacting us at legal@JoinJune.com.

iii) Upon receipt of the Notice, we will take whatever action, in our sole discretion, we deem appropriate. In appropriate circumstances, we may terminate and/or disable the registration and/or subscription of persons suspected to be infringing the copyrights (or other intellectual property rights) of others in accordance with the terms and conditions under Termination of Use below. We also may remove or disable access to material that may be infringing or the subject of infringing activity.

iv) Any rights not expressly granted herein are reserved by June, Inc., a Delaware Corporation located at 1521 Concord Pike, Ste 303, Wilmington, DE 19803. Copyright © 2015. All rights reserved.

g) Termination of Use

i) You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our Website and Resources with or without notice and for any or no reason, including, without limitation, breach of this User Agreement, the June Code of Conduct, the June Partner Program Agreement, the June Referral Agreement, the June Subscription Agreement, the June Privacy Policy, or any other agreements with June, Inc. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating our relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

ii) We do not honor requests to delete user accounts from our system. Once you create an account, it will remain in our database, system, or Website for as long as we choose to leave it there.

8) Section VIII – MANDATORY ARBITRATION AND CLASS ACTION WAIVER

a) Arbitration: You agree that any claims or disputes (“Claims”) that arise out of or relate in any way to this User Agreement, the June Code of Conduct, the June Partner Program Agreement (or any other Agreements with June, Inc.), our Privacy Policy, the Website, Resources, or any service will be resolved by final and binding arbitration instead of litigation in Court. In arbitration, there is no judge and no jury. Rather, Claims are decided by an arbitrator whose authority is created by and governed by this arbitration agreement. Review of arbitration awards in courts is very limited.

b) CLASS ACTION WAIVER: You agree that all claims arising out of this User Agreement, our Privacy Policy, the Website, Resources, or any service will be resolved on an individual basis and that there will be no class, representative, or consolidated action or actions in arbitration. In addition, neither you nor we may participate in a class or representative action in court as a class member if the claims asserted at arbitration are within the scope of this User Agreement and asserted directly by you or us. You and June waive any right to participate in any class action involving disputes between us. This class action waiver is an essential part of our arbitration agreement and may not be severed. If for any reason this class action waiver is found unenforceable, then the entire arbitration agreement will not apply. However, the Jury Trial Waiver set forth below will remain in full force and effect.

c) Arbitrator Authority: The arbitrator’s authority is governed by this arbitration agreement. You and June agree that the arbitrator may award the same relief that a court of competent jurisdiction could, but the arbitrator may not award declaratory or injunctive relief that extends beyond you and your dealings with June. An arbitrator may award attorneys’ fees and costs to the prevailing party if a court would be authorized to do so under applicable law.

d) Arbitration Procedures: You and June agree that your agreement affects interstate commerce, and the Federal Arbitration Act applies. All arbitrations shall be conducted by the American Arbitration Association (“AAA”). The AAA’s rules are available on its website at www.adr.org or by calling 1-800-778-7879. If the Claim asserted in arbitration is for less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply. If the claim is for more than $75,000, then the Commercial Rules will apply. If there is a conflict between the AAA Rules and this arbitration agreement, then this arbitration agreement shall control. For claims less than $75,000, June will pay all filing fees and costs associated with commencing an arbitration, but you will be responsible for paying your own attorneys’ fees, unless you prevail in the arbitration and the arbitrator finds that you are entitled to recover attorneys’ fees under the law. The arbitration will be held in a mutually agreeable and convenient location.

e) Governing Law: This Website is controlled by June, Inc. from our offices located in the State of Delaware and it can be accessed from most countries around the world. Each country has laws that may differ from those of the state of Delaware. By accessing our Website, you agree that the statutes and laws of the state of Delaware, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Website and the purchase of any products or services through this site.

f) Survival: This arbitration agreement survives the termination of this User Agreement between you and June.

9) Jury Trial Waiver

a) You and June expressly and knowingly waive the right to a trial by jury. This means that if for any reason the arbitration agreement contained above is not enforced or is found inapplicable, our claims against each other will be resolved by a judge rather than a jury.

10) Section IX – General

a) Entire Agreement

i) You agree that this User Agreement and the information which is incorporated into this User Agreement by written reference (including reference to information contained in a URL and/or referenced policies and/or guidelines herein), together with any applicable additional written terms posted on http://JoinJune.com or other June website related to June, Inc. or addendum attached hereto, constitutes the complete agreement between you and June, Inc.

ii) You agree that this User Agreement shall supersede all prior or contemporaneous agreements or representations, written or oral, with June, Inc.

iii) If any term of this User Agreement is found to be invalid or unenforceable, the remaining provisions will remain effective.

iv) To the extent of any conflict or inconsistency between the provisions in the body of this User Agreement and any addendum or exhibit hereto, the terms of such addendum or exhibit shall prevail. To the extent of any conflict or inconsistency between the provisions in the body of this User Agreement and any future agreement that you and June, Inc. enter into, the future agreement shall supersede.

11) Contact Information

a) If you have any questions or comments about this User Agreement as outlined above, you can contact us at:

June, Inc.
ATTN: Legal Department
333 W North Ave, #309
Chicago, Illinois, 60610
legal@JoinJune.com

12) Last Updated

a) This User Agreement was last updated on October 5, 2015.