Terms and Conditions
Debra Technologies LLC.com provides technology services that allow Job Seekers to submit resumes and apply for jobs, and Employers and Recruiters to advertise their jobs and search for candidates using the Internet. The following are the terms and conditions for Debra Technologies LLC.com products and services.
1. Non-Commercial Use by Members. Debra Technologies LLC.com is for the personal use of individual Members and/or Registered Non-Members only and may not be used in connection with any commercial endeavors. Organizations, companies, businesses, and/or other entities may not become Members and are not entitled to use the Service or the Website/ Application for any purpose. Illegal and/or unauthorized use of the Website/ Application, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website/ Application will be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. You hereby grant, represent and warrant that You will not create any databases, websites, applications, software, legal entities and services competitive with Debra Technologies LLC.com. You further guarantee and warrant that You will not use the Website/Application for any commercial purposes, and/or send or receive funds thorough the Website/Application, and/or create accounts with fake usernames. You further guarantee and warrant that You will not be paid for using the Website/Application and services, provided on the Website/Application. Such activity will be investigated, Your membership may be terminated and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress.
2. Pricing. All prices quoted by Debra Technologies LLC sales staff in a written proposal will remain in effect for a 30 days-day period from the date the proposal is presented.
4. Intellectual Property. Client acknowledges that Debra Technologies LLC is the sole owner of Debra Technologies LLC trade names, service marks, and logos, including those of Debra Technologies LLC (Debra Technologies LLC Marks). Upon the termination of this Agreement, all rights of Client to use such Debra Technologies LLC Marks shall cease and Client shall immediately terminate all use of such Debra Technologies LLC Marks. Client further agrees that other than the limited license to use the Debra Technologies LLC Marks, set forth above, no other intellectual property of any kind or nature has been conveyed in connection with this Agreement. Client agrees and gives Debra Technologies LLC the right to utilize the Client’s trade names, service marks, and logos (Client Marks) in Debra Technologies LLC advertising and websites. All uses of Client Marks will be approved by a designated Client contact before public use of such marks. Upon the termination of this Agreement, all rights of Debra Technologies LLC to use such Client Marks shall cease and Debra Technologies LLC shall immediately terminate all use of such Client Marks.
5. Assignment. Client shall not assign or transfer this Agreement without the prior written consent of Debra Technologies LLC, which consent shall not be unreasonably withheld. Debra Technologies LLC shall not assign or transfer this Agreement without the prior written consent of Client, which consent shall not be unreasonably withheld, unless such transfer is in connection with the sale of all or substantially all of the assets of Debra Technologies LLC, in which case Client’s consent is not required.
6. Miscellaneous. This Agreement shall be interpreted according to state of Ukraine law. The relationship between the parties shall be that of independent contractors, and no party shall be liable for the debts, accounts, or liabilities of another.
7. Invoicing Procedures. The invoicing of Client is calculated on a monthly agreement set forth in a written proposal. Keeping job postings and/or site content current and up to date is the responsibility of the Client.
8. Program Modifications. Client agrees to accept the Website’s current format and base level of functionality. Debra Technologies LLC reserves the right to upgrade and enhance that functionality at its sole discretion.
9. Support. Debra Technologies LLC will consult with the Client and upon request by Client for a reasonable amount of time by telephone during normal business hours to assist the Client with the use of product provided by Debra Technologies LLC. Normal business hours are defined as Monday through Friday, 8:00 AM to 5:00 PM Ukraine time, excluding major holidays observed by Debra Technologies LLC.
10. Rights of Registered. Upon registering with the Website/ Application, a Registered Employer shall have access to the following Services:
- Browsing of Candidates profiles;
- Inclusion of Your profile in Debra Technologies LLC’s database and searchability by other Candidates;
- Ability to make changes to Your profile;
- Ability to read messages;
- Ability to purchase membership.
11. Content Posted on the Website.
A. You understand and agree that Debra Technologies LLC may at its sole discretion store for review and delete any content, messages, photos, videos, audio and video calls or profiles (collectively, “Content”) that in the sole judgment of Debra Technologies LLC violate this Agreement or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other Members or any third parties.
B. You are solely responsible for the Content that You publish or display (hereinafter, “post”) via the Website, or transmit to other Members.
C. By posting Content to any public area of the Website You automatically grant, represent and warrant that You have the right to grant to Debra Technologies LLC an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and Content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
D. The following is a partial list of Content that is illegal or prohibited on the Website/Application. Debra Technologies LLC reserves the right to investigate and take appropriate legal action at its sole discretion against anyone who violates this provision including without limitation removing the offending communication from the Service and terminating the membership of such violators. Prohibited Content includes, but is not limited to, Content that:
- is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
- promotes information that You know is defamatory, false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture installed copyright protected devices, or providing pirated music or links to pirated music files;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- publicly displays inappropriate Content or material (involving, for example, nudity, bestiality, pornography, graphic violence, or criminal activity);
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- engages in commercial activities and/or sales without Debra Technologies LLC.com prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
E. You must use the Service in a manner consistent with any and all applicable laws and regulations.
F. You may not include in Your profile any telephone numbers, street addresses, last names, URLs or email addresses. You may not include in Your correspondence with other members any URLs, email addresses or telephone and fax numbers.
G. You may not engage in advertising to, or solicitation of, other Members and/or Registered Non-Members to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although Debra Technologies LLC cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect its Members from such advertising or solicitation, Debra Technologies LLC reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Debra Technologies LLC deems appropriate in its sole discretion.
H. You may not collect data from Debra Technologies LLC either from authorized and not authorized zones through automated means (bots, spiders, scrapers or equivalent means), or by establishing fake user accounts or by anonymous proxy servers or equivalent measures, or by circumventing any technical measures to prevent forbidden activity on Debra Technologies LLC. You may not collect data from Debra Technologies LLC authorized zones by any other means including manual collection of data.
I. To ensure the quality of the Service provided, your communication through the Website may be recorded.
J. Debra Technologies LLC reserves the right to investigate and take appropriate legal action at its sole discretion against anyone who violates this Section 5 including without limitation removing the offending communication from the Service and terminating the membership of such violators.
K. It is understood by all parties that the content of the advertising being provided by Client to Debra Technologies LLC.com for inclusion in the Website, video, or Debra Technologies LLC.com applications is the property of the Client, and becomes property of Debra Technologies LLC.com
When posting on the Website. In the event that content provided by the Client to Debra Technologies LLC.com is not the property of the Client, the Client bears responsibility for any fines or fees associated with the use of that content on the Website, third-party job boards, video or Debra Technologies LLC applications.
12. Maintenance of Software and Equipment. Debra Technologies LLC shall be responsible for the maintenance of the software, servers and other equipment relating to the Website. Debra Technologies LLC shall reimburse Client on a pro-rata basis for any unscheduled downtime of the Debra Technologies LLC Website in any specific week if that downtime exceeds 24 hours in that week.
15. Indemnity. Definition of “Claim”: For purposes of this Agreement, the term “Claim” shall mean any claim, action, suit, proceeding or litigation and any loss, deficiency, damages, liabilities, costs and expenses including, without limitation, reasonable attorneys’ fees and all related costs and expenses, to be paid to a third party or otherwise incurred in connection with
the defense of any claim, action, suit, proceeding or litigation involving a third party. Client shall indemnify and hold Debra Technologies LLC and its affiliates, as well as each of their respective officers, directors and employees and customers, harmless from and against any and all Claims brought against Client. Client shall assume the defense of such Claim at its own expense and with counsel of its own choosing. Debra Technologies LLC shall be entitled to participate in any such action or proceeding at its own expense with counsel of its own choosing. If Debra Technologies LLC participates in such action or proceeding, Debra Technologies LLC shall control the defense of any action against Debra Technologies LLC including, but not limited to, whether or not to settle any Claim and/or the terms of any proposed settlement.
16. Limitation of Liability. Debra Technologies LLC makes no warranties, claims, or promises in regards to the fitness or suitability of its program(s) for use by Client. All programs are accepted on an as-is basis. Debra Technologies LLC makes no claims or guarantees as to the ability of the program(s) to produce any employees for Client. Debra Technologies LLC’s liability shall be limited to no more than the price paid for the product minus any expenses Debra
Technologies LLC has incurred for maintaining the program(s). In no event shall Debra Technologies LLC be liable to Client, or any other third party, for any direct, or indirect, special incidental or consequential damages resulting from performance or failure to perform under this Agreement other than those conditions as set forth in item 10. Maintenance of Software and Equipment.
17. Amendment. Debra Technologies LLC may, at its sole discretion, change, modify, add, or remove portions of these Terms, and technology provided hereunder, at any time. Debra Technologies LLC will notify users of any such changes by posting notice of such changes on its website or by sending notice via email to the user. User’s continued use of the Website and Debra Technologies LLC applications following the posting of such change shall be deemed to be User’s acceptance of any such modification. This Agreement may not be modified in any way except in writing by both parties or as described in this section.
18. Severability. In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.
19. Miscellaneous. This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter of this Agreement and supersedes and replaces any and all prior written or verbal agreements. Debra Technologies LLC’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between Client and Debra Technologies LLC nor trade practice shall act to modify any provision of this Agreement. Client understands that he or she represents his or her organization when agreeing to the terms of this Agreement.