This web site is owned by NextJob, Inc. ("NextJob"). By accessing this web site (the "Web Site") and completing the registration process, I am agreeing to be legally bound by these Terms & Conditions. The terms "I" and "User" refer to anyone who accesses the Web Site.
NextJob may change these Terms & Conditions at any time without notice. Changes will be posted on this site under "Terms & Conditions ". Use of the Web Site after changes have been posted will constitute agreement to the modified Terms & Conditions including all of the changes. Therefore, I will review these Terms & Conditions from time to time for changes.
1. LENDER TERMS
I/we would like to participate in a "Reemployment Service" paid for entirely by M&T Bank ("M&T"). The service is provided by NextJob, Inc. ("NextJob") and includes job coaching, access to proprietary job search training software and other reemployment assistance. NextJob is not an affiliate of M&T and M&T does not guarantee the performance of NextJob or that I/we will secure reemployment through the Reemployment Service offered by NextJob.
In exchange for M&T paying the fees for my participation in the Reemployment Service, I hereby waive all claims for damages or liabilities of any nature that I have or may have against M&T or NextJob related to the Reemployment Service.
I hereby authorize M&T to provide the contact information listed herein to NextJob for purposes of the Reemployment Service. I also hereby authorize M&T to receive information from NextJob about my participation in the Reemployment Service, my job search progress and any other information related thereto that I provide to NextJob as NextJob determines is appropriate for the success of the Reemployment Service.
I understand that the Reemployment Service by NextJob is not a guarantee of a job and that it is designed instead to teach me the best practices in job search techniques as a means of helping me gain employment. I understand that participation in the Reemployment Service does not in any way suggest or guarantee that M&T will provide any loss mitigation options regarding any of the terms of my loan(s) with or obligation(s) to M&T.
I also understand that if there is now collection activity concerning my account(s) or collection activity becomes necessary in the future, participation in the Reemployment Service shall not have any impact on that collection activity. I also understand that participation in the Reemployment Service will require me to provide more information to NextJob, fill out written forms for and cooperate with NextJob.
To accept this offer of Reemployment Service I recognize that I must:
1. Register for the service within 15 calendar days (from the postmark date of the offer’s mailing) AND
2. Talk with a NextJob representative within 10 calendar days from the date I register. I understand that NextJob will begin attempts to contact me within two business days of receiving my registration and I may contact NextJob at (877) 290-7888.
By checking the box below, I hereby register for the NextJob service and agree to the terms in this agreement.
2. USE OF THE WEB SITE AND OTHER SERVICES
I understand that NextJob hereby grants me a non-exclusive, non-transferable, limited license to access and use the Web Site under the terms set forth below ("License").
The Web Site and all content displayed herein ("Content") may be used only for my personal and non-commercial use. Except as otherwise permitted under these Terms & Conditions, I agree not to copy, reproduce, modify, create derivative works from, or store any Content, in whole or in part, from the Web Site or to display, perform, publish, distribute, transmit, broadcast or circulate any Content to anyone without the express prior written consent of NextJob.
I may make a single printed or electronic copy of the Content for my own personal records and use. I may make as many copies of my resume as I wish.
The Content is the exclusive property of NextJob or its licensors, and is protected by copyright and other intellectual property laws. All trade names, trademarks, service marks and other product and service names and logos on the Web Site are proprietary to their respective owners. Any unauthorized uses of such names or marks or any other Content are strictly prohibited.
In order to access this Web Site, I have been provided with an access code. As part of the registration process, I must select a username and password and provide NextJob with accurate, complete, and updated information. I certify that I am the person whose name appears on the registration, that I have obtained the access code legitimately, and that I have not provided the access code to others. Failing to provide the requested information, or providing false information, constitutes a breach of this License, which may result in immediate termination of my access.
I agree that I will not allow others to use my access code, member name, password and/or account and that I am solely responsible for maintaining the confidentiality and security of my account. I agree to notify NextJob immediately of any unauthorized use of my password and/or account. NextJob shall not be responsible for any losses arising out of the unauthorized use of my access code, member name, password and/or account and I agree to indemnify and hold harmless NextJob, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of such information.
I agree that NextJob and its job coaches may review my information entered into this site to assess my progress in my job search and share this information with any one who has paid for or arranged for my use of this software and their agents, including but not limited to the case where that is my lender, servicer or my former employer and that I waive any confidentiality to such information. This allows NextJob to continue to provide job coaching to greater numbers of people in the US by being able to report back to buyers that its efforts have been successful in achieving the goal of helping people find their next job sooner.
I agree to indemnify NextJob from all damages, liabilities, costs, charges and expenses, including reasonable attorneys' fees, that NextJob, their affiliates, employees, and authorized representatives may incur as a result of either: (i) the User's breach of this Agreement; or (ii) material entered into the Web Site by use of the my name or password.
I am entirely liable for activities conducted by me in connection with my use of the Web Site. If I am dissatisfied with the Content, the Web Site, these Terms & Conditions, or other services provided by NextJob, my sole and exclusive remedy is to stop using the Content and the Web Site. NextJob will not pay my any damages in connection with my use of the Web Site or any other NextJob services.
NextJob does not represent and cannot guarantee that I will achieve any particular results in my job search from use of the Web Site and any associated NextJob services.
Neither NextJob nor any of its job coaches, affiliates, agents, or employees shall have any liability whatsoever to any person or entity for any outcome resulting from the use of NextJob’s website or services.
NextJob is an independent service provider, and is not an agent or principal of my prior employer, lender or other third party. NextJob shall have no liability whatsoever for actions taken by third parties, including but not limited to current, former, future, or prospective employers.
NEXTJOB HEREBY DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS, OR GUARANTEES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AND OF NONINFRINGEMENT
IN NO EVENT WILL NEXTJOB, ITS AFFILIATES, AGENTS OR EMPLOYEES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE CONTENT OR THE WEB SITE OR ANY OTHER NEXTJOB SERVICE.
5. LINKS TO OTHER WEB SITES
I may, through hypertext or other computer links, gain access to web sites operated by persons other than NextJob. Such hyperlinks are provided for my reference and convenience only, and are the exclusive property and responsibility of such web sites' owners. I agree that NextJob is not responsible for the content or operation of such web sites, and that NextJob shall have no liability to me or any other person or entity for the use of third party web sites. Third party web sites are governed by their own terms of service, not these Terms & Conditions. A hyperlink from this Web Site to another web site does not imply or mean that NextJob endorses the content on that web site or the operator or operations of that site.
My License to use this Web Site will continue for the period specified in my purchase terms unless terminated earlier by NextJob for breach of any of its current or future terms. Either party can terminate the License at any time for any reason by notifying the other party by telephone or electronic mail of the decision to terminate. Any inappropriate or unprofessional behavior when interacting with NextJob, the Web Site or NextJob job coaches will result in immediate and irrevocable termination of the License.
7. OTHER TERMS
These Terms & Conditions describe the entire License relating to my use of the Web Site and other NextJob services and supersedes any and all other agreements, oral or in writing. The failure of NextJob to insist upon strict compliance with these Terms & Conditions shall not be construed as a waiver with regard to any subsequent failure to comply with any term or provision. This License is personal to me, and I may not assign my rights or obligations to anyone. If any provision in this License is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This License, my rights and obligations, and all actions contemplated by this License shall be governed by the laws of the State of Oregon, as if the Agreement was a contract wholly entered into and wholly performed within Oregon. I consent to the jurisdiction of the state and federal courts of Oregon for disputes related to NextJob, this Web Site, the License, and the services provided by NextJob or its agents. Any litigation related to this License shall be brought exclusively in the federal or state courts of Oregon.
i. By registering you also agree that we may, at our sole discretion, reach out to you occasionally by email, for various purposes, including to: 1) ask for your feedback on the usefulness of the site, its content and/or any services you received, 2) facilitate your retrieval or resetting of a forgotten password, 3) notify you of the time remaining in your access privileges with the site, 4) notify you of services to which you are entitled and 5) provide to you any documents you may have produced in your work in the site.
8. ANTI-HACKING PROVISION
I expressly agree not to use this Web Site in any manner or for any purpose that is prohibited by these Terms & Conditions. In addition, I expressly agree not to:
(1) use the Web Site for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation;
(2) use or attempt to use any "deep-link," "scraper," "robot," "bot," "spider," "data mining," "computer code" or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Web Site or any data or content found on or accessed through the Web Site without prior express written consent of NextJob;
(3) obtain or attempt to obtain through any means any materials or information on the Web Site that have not been intentionally made publicly available either by their public display on the Web Site or through their accessibility by a visible link on the Web Site;
(4) bypass or in any way circumvent any other measure employed to limit or prevent access to the Web Site or its Content;
(5) violate the security of the Web Site or attempt to gain unauthorized access to the Web Site, data, materials, information, computer systems or networks connected to any server associated with this Web Site, through hacking, password mining or any other means; or
(6) interfere or attempt to interfere with the proper working of the Web Site or any activities conducted on or through the Web Site, including accessing any data, content or other information prior to the time that it is intended to be available to licensees on the Web Site.
By checking below, I hereby register and agree to the terms herein.