These terms are updated effective March 2016.
These terms and conditions constitute a binding agreement (“Agreement”) between You and Fridayd LLC and are deemed accepted when clicking “Register” when signing up for the Services.
For the purposes of this Agreement, Fridayd Services are defined as the applications and services offered by Fridayd, including an on-line service to post, search and apply to employment opportunities. The Fridayd Site also allows Users to create individual profiles, which may include personal information (“Profiles”). In addition, Fridayd may collect information about You and may use this information for multiple purposes including, but not limited to creating a Profile or appending it to an existing Profile.
Fridayd may revise this Agreement at any time by posting an updated version on this Web Page. You should visit this page periodically to review the most current terms because they are binding on You.
A. You are responsible for complying with the terms and conditions of this Agreement. You are also responsible for assuring that all others using your service comply with the terms and conditions of this Agreement. You may not use Fridayd's Services for any unlawful purpose.
B. Fridayd hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your personal use seeking employment opportunities for yourself. This authorizes you to view and download a single copy of the material on the Site solely for your personal, noncommercial use. You agree that you are solely responsible for the content of any document you post to a Site and any consequences arising from such posting. Your use of the Site is a privilege. Fridayd reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.
C. You are responsible for and agree to pay all charges for services furnished to you by Fridayd. You are responsible for preventing unauthorized use of your services, and you are responsible for payment of any such unauthorized use. Your responsibility for payment is not affected by any use or misuse of your service by any third parties.
D. You are responsible for paying all taxes and other surcharges billed in connection with your services. Unless you can adequately document to Fridayd's satisfaction that you are exempt, taxes and surcharges will be assessed in the amounts that federal, state or local authorities require Fridayd to bill you.
E. You are responsible for maintaining the confidentiality of your account, Profile and passwords. You may not share your password or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of your Fridayd Site registration and passwords, whether or not authorized by You. You agree to immediately notify Fridayd of any unauthorized use of Your account Profile, or passwords.
F. When you register with any Fridayd Site, You will be asked to create an account and provide Fridayd with certain information including, without limitation, a valid email address (Your “Information”). Any Profile You submit must be accurate and describe You, an individual person. You acknowledge and agree that You are solely responsible for the form, content and accuracy of any resume or material contained therein placed by You on the Fridayd Sites.
G. You understand and acknowledge that You have no ownership rights in Your account and that if You cancel Your Fridayd account or Your Fridayd account is terminated, all Your account information from Fridayd, including resumes, Profiles, cover letters, saved jobs will be marked as deleted in and may be deleted from Fridayd’s databases and will be removed from any area on the Fridayd Sites. Fridayd reserves the right to delete Your account and all of Your Information after a significant duration of inactivity.
CHANGES TO SERVICE BY FRIDAYD
A. Fridayd may change the rates, charges, terms and conditions of your service from time to time. Fridayd also reserves the right to discontinue certain services. Any such changes will be posted on Fridayd's website prior to the effective date of the change, and any such future changes are hereby incorporated by reference into this Agreement. Fridayd may decrease the rates and charges for its services without any advance notice. Any increase in the rates and charges for your service will become effective only after Fridayd notifies you in advance of the change. Fridayd will not provide you with advance notice of changes to taxes and surcharges, except as required by applicable law.
B. If you continue to subscribe to, use or pay for Fridayd's services after any changes in the rates, charges, terms and conditions of services, you agree to such changes by such use.
CANCELLATION OF SERVICE
A. You may cancel any or all services provided by Fridayd by cancelling your account in Your Fridayd.com profile. In the event you execute an agreement with a term commitment with Fridayd, you must cancel the service and terminate that agreement in accordance with its terms.
B. Fridayd may refuse or discontinue your service without prior notice: (i) in the event that you, or any authorized or unauthorized users, use Fridayd's services in such a manner as to adversely affect Fridayd's service to others; (ii) in the event of tampering with the services of Fridayd; (iii) in the event of fraudulent use of service (whenever service is discontinued for fraudulent use of service, Fridayd may, before restoring service, require you to pay an amount reasonably estimated as the loss in revenues resulting from such fraudulent use); and (iv) by reason of any order or decision of a court or other government authority having jurisdiction that prohibits Fridayd from furnishing such services.
C. If your service is cancelled or suspended for any reason, you are still responsible for all outstanding charges for that service, including payment of any bills that remain outstanding after the date of cancellation or suspension. In the event that Fridayd incurs any fees or expenses, including attorney's fees, collecting or attempting to collect, any charges owed to Fridayd, Fridayd may collect from you all such fees and expenses reasonably incurred, including a Late Payment Fee on the unpaid charges.
D. Fridayd reserves the right to discontinue service, without prior notice, when necessitated by conditions beyond its control.
E. Fridayd may disconnect services for non-payment or failure to maintain required security. Fridayd may require reactivation charges to reestablish service after suspension or disconnection. Upon disconnection, you are responsible for paying all amounts and charges that you owe.
F. Fridayd will not disconnect services on Saturday, Sunday, a public holiday or any day on which its main offices are not open for business. Fridayd will not disconnect services for customers that have provided sufficient documentation related to medical conditions or disabilities. Such conditions must be certified by a doctor or medical health board in writing, describing the condition and the direct negative impact that loss of Fridayd services would cause.
To inform you of other company-affiliated products and services that may interest you, Fridayd may access information related to your account(s). It is Fridayd's policy not to sell or rent its personally identifiable customer information to unaffiliated companies or organizations. In the future, should Fridayd decide to sell or rent such information to those entities, we will provide notification and the opportunity for you to indicate that you would prefer Fridayd not to sell or rent such information about them to such third parties.
B. Customer Proprietary Network Information (CPNI)
To inform you of other Fridayd related products and services, Fridayd may access information related to your account(s). CPNI, or information such as the kind of services that you have, how you use them, and how they are billed may be accessed by Fridayd. Federal law restricts the use of CPNI for purposes other than providing service, without the customer's approval. If you do not want Fridayd to access and use CPNI (except as otherwise permitted by law), you must contact us in writing. Until you notify us otherwise, Fridayd understands that you have approved Fridayd's internal use of CPNI for purposes reasonably related to Fridayd's offering or provisioning of other services to you. This consent survives the termination of your Service and survives until you remove it. A denial of permission for Fridayd to use CPNI will not affect the provision of any service to which you are subscribing nor would there be any charge to you for such denial. Denial would not restrict Fridayd from contacting you for marketing purposes, but may limit Fridayd from tailoring specific products to suit your needs. If you contact Fridayd about any product or service, Fridayd retains the ability to access your CPNI to inform you about those products or services. Fridayd is not liable for any lack of privacy that may be experienced with regard to your service. By signing up for the service, you authorize Fridayd to monitor your account. Fridayd has the right to intercept and disclose any transmissions over our facilities in order to protect our rights and/or property or pursuant to court order or subpoena.
LIMITATION OF LIABILITY, INDEMNIFICATION AND NO WARRANTY
A. FRIDAYD'S LIABILITY FOR DAMAGES ARISING OUT OF MISTAKES, INTERRUPTIONS, OMISSIONS, DELAYS, ERRORS, OR DEFECTS IN TRANSMISSION, WHICH OCCUR IN THE COURSE OF FURNISHING SERVICE, WILL BE LIMITED TO AN AMOUNT EQUIVALENT TO THE PROPORTIONATE CHARGE TO YOU, BUT IN NO EVENT SHALL EXCEED $100, FOR THE PERIOD DURING WHICH THE FAULTS IN TRANSMISSION OCCUR.
B. FRIDAYD WILL NOT BE LIABLE FOR ANY CLAIM OR LOSS, EXPENSE OR DAMAGE (INCLUDING INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGE), FOR ANY INTERRUPTION, DELAY, ERROR, OMISSION, OR DEFECT IN ANY SERVICE PROVIDED, IF CAUSED BY ANY PERSON OR ENTITY OTHER THAN FRIDAYD, BY ANY MALFUNCTION OF ANY SERVICE OR FACILITY PROVIDED BY ANY OTHER CARRIER OR VENDOR, BY AN ACT OF GOD, NATURAL DISASTER, FIRE, WAR, CIVIL DISTURBANCE, OR ACT OF GOVERNMENT, OR BY ANY OTHER CAUSE BEYOND FRIDAYD'S DIRECT CONTROL.
C. TO THE FULLEST EXENT POSSIBLE BY LAW, IN NO EVENT SHALL FRIDAYD, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY FRIDAYD SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY) RESULTING FROM THE USE OR INABILITY TO USE ANY FRIDAYD SITE AND FRIDAYD CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FRIDAYD IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
D. FRIDAYD SHALL NOT BE LIABLE FOR ANY CLAIM, LOSS OR REFUND AS A RESULT OF LOSS OR THEFT OF PERSONAL IDENTIFICATION NUMBERS ISSUED FOR USE WITH FRIDAYD'S SERVICES.
E. With respect to any other factual allegation, legal claim, or dispute by you or by any others, for damages associated with the ordering (including the reservation of any specific number for use with a service), installation (including delays thereof), provision, termination, maintenance, repair, interruption, or restoration of any service or facilities offered by Fridayd, Fridayds liability, if any, will be limited to credit allowances for interruptions of service as required by law.
You agree to defend, indemnify, and hold harmless Fridayd, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to any Fridayd site, (ii) Your use of any Fridayd content, or (iii) Your breach of this Agreement. Fridayd shall provide notice to You promptly of any such claim, suit, or proceeding. This provision shall survive the termination of this Agreement.
ALL EQUIPMENT AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. FRIDAYD DISCLAIMS ALL WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, AND NONINFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FRIDAYD DOES NOT WARRANT THAT THE SERVICE SHALL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE VIA THE SERVICE SHALL BE FREE OF ANY VIRUS, DISABLING CODE, WORMS, OR ANY OTHER HARMFUL COMPONENTS.
A. Resale, Assignment and Transfer
You may not change any term of this Agreement. You may not resell any Service or transfer or assign this Agreement or the use of Fridayd service without the express written consent of Fridayd. All terms and conditions of service in this Agreement will apply to all such permitted assignees or transferees. Such transfer or assignment, when permitted, shall only apply where there is no interruption of the use or location of the service. Fridayd reserves the right, subject to any applicable law or regulation, to assign all or part of its rights and duties under this Agreement without notifying you. Upon such an assignment, Fridayd will have no further obligations to you.
B. Governing Law; Venue; Class Action Waiver; Jury Trial Waiver
- This Agreement is governed by the law of the State of North Carolina, without regard to its choice of law rules.
- Unless otherwise agreed, court proceedings must be in North Carolina, provided that if you bring a small claims action you may do so in the jurisdiction of your billing address.
- JURY TRIAL WAIVER. To the extent any claim proceeds in court rather than through arbitration, for any reason, if not prohibited by applicable law, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
C. Entire Agreement
Your Agreement with Fridayd consists of this Agreement, information contained on Fridayd's website, promotion, and/or authorized written communication you have received from Fridayd. Your Agreement with Fridayd constitutes the entire Agreement between Fridayd and You and supersedes all prior agreements, representations, and understandings. This Agreement can only be amended by Fridayd, as provided in this Agreement. No written or verbal statement, advertisement, or product description will contradict, interpret, or supplement this Agreement.
Each provision of this Agreement applies to the fullest extent permitted by applicable law. If any provision of this Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall remain valid and enforceable.
All notices required or permitted by this Agreement will be provided as follows. Notices from Fridayd to you will be sent to your last known address as reflected in the company records of Fridayd, and provided by one of the following methods: (i) by U.S. mail, postage prepaid; (ii) by a notation on, or an insert with, your billing invoice; or (iii) with your prior consent, by email. Notices from you to Fridayd that are required to be in writing shall be mailed to 20311 Chartwell Center Dr Unit 4, Cornelius, NC 28031. Written notifications shall be deemed given: (i) three (3) business days after deposit of the notice in the United States mail, postage prepaid; or (ii) on the same business day, if sent to you by email.
By enrolling in, using, or paying for Fridayd's services, you acknowledge, represent and warrant that you have the requisite authority to enter into this Agreement and to bind yourself to the terms contained herein.
Fridayd's services are provided without discrimination as to a customer's race, color, sex nationality, religion, marital status, income level, source of income, or from unreasonable discrimination on the basis of geographic location.
20311 Chartwell Center Dr Unit 4,
Cornelius, NC 2803