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Effective April 15, 2011

JDMatch, LLC Terms of Use

Privacy Reminder

Please review our Privacy Policy, which also governs your visits to and use of JD Match.com, to understand our practices.

Terms of Use

 

This page states the Terms of Use under which you may use the JD Match Sites and the JD Match Services (each as defined below).

 

These Terms constitute a binding agreement between you and JD Match, LLC ("JD Match"), and are deemed accepted by you each time that you use or access the JD Match Site or JD Match Services. If you do not accept the Terms stated here, do not use the JD Match Site and the JD Match Services.

 

Importantly, all Members acknowledge and agree that JD Match is merely a centralized clearinghouse bringing together law student Members, law firm Members and law school Members.  JD Match has no role whatsoever in hiring, terms and conditions of employment, the extension or revocation of offers and the acceptance or decline of such offers, if any.

 

JD Match does not provide employment or career counseling advice or services to law student Members and does not provide recruiting or talent development advice or services to law firm Members.

 

JD Match does not represent or guarantee any particular employment or hiring outcomes for Members and indeed expressly warns Members that joining and participating in JD Match cannot provide any assurance whatsoever that law student Members will receive an acceptable offer or any offer at all and similarly cannot provide any assurance whatsoever that law firm Members will choose to extend any offers whatsoever or that they will find any desirable candidates.  Membership in JD Match solely constitutes participation in the JD Match site and in the matching algorithms and no outcome whatsoever is assured.  Any representation to the contrary by any person, whether purporting to be an agent of JD Match or not, is void.

 

All membership fees are nonrefundable.

 

Electronic Communications

 

When you visit JD Match.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

The JD Match Sites are defined as any Web sites under JD Match's control, whether partial or otherwise (including, without limitation, the JD Match Sites and the Web site from which these terms of use were accessed). The JD Match Sites include a variety of features and services, including an on-line service to post and search employment opportunities ("JD Match Services"). The JD Match Sites also allow Users to create individual profiles, which may include personal information ("Profiles"), and to make these Profiles, or aspects thereof, public.

 

JD Match may revise these Terms at any time by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms because they are binding on you.

 

Users who violate these Terms may have their access and use of the JD Match Sites suspended or terminated, at JD Match's discretion.

 

Use of JD Match Content

 

JD Match authorizes you to view and access a single copy of the content available on or from the JD Match Sites solely for your personal use. The contents of the JD Match Sites such as text, graphics, images, logos, button icons, software, and other JD Match content (collectively, "JD Match Content"), are protected under both United States and foreign copyright, trademark and other laws. All JD Match Content is the property of JD Match or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the JD Match Sites is the exclusive property of JD Match and is protected by United States and foreign copyright, trademark and other laws. Unauthorized use of the JD Match Content may violate these laws, and is strictly prohibited. You must retain all copyright, trademark, service mark, and other proprietary notices contained in the original JD Match Content on any authorized copy you make of the JD Match Content.

 

You agree not to sell or modify the JD Match Content or reproduce, display, publicly perform, distribute, or otherwise use the JD Match Content in any way for any public or commercial purpose, in connection with products or services that are not those of the JD Match Sites, in any other manner that is likely to cause confusion among consumers, that disparages or discredits JD Match or its licensors, that dilutes the strength of JD Match's or its licensor's property, or that otherwise infringes JD Match's or its licensor's intellectual property rights. You further agree to in no other way misuse JD Match Content that appears on this Site. The use of the JD Match Content on any other Web site or in a networked computer environment for any purpose is prohibited. Any code that JD Match creates to generate or display any JD Match Content or the pages making up any JD Match Site is also protected by JD Match's copyright and you may not copy or adapt such code.

 

JD Match Site Restrictions.

 

Users may not use any JD Match Site in order to transmit, post, distribute, store, or destroy material, including without limitation, JD Match Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.

 

Users are also prohibited from violating or attempting to violate the security of any JD Match Site, including without limitation, the following activities: (a) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any JD Match Site, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil and/or criminal liability. JD Match will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

 

In order to ensure a safe and effective experience for all of our customers, JD Match reserves the right to limit the amount of data (including resumé views) that may be accessed by you in any given time period. These limits may be amended in JD Match's sole discretion from time to time.

 

Specific Prohibited Uses.

 

The personal profiling ("JD Match Profiles") and other features of the JD Match Sites may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees. JD Match Profiles may be used only for lawful purposes by individuals to network for personal or professional purposes with other individuals.

JD Match specifically prohibits any other use of the JD Match Sites, and all Users agree not to do any of the following: (a) post any jobs on any JD Match Site for any competitor

JD Match does not necessarily monitor any materials posted, transmitted, or communicated to or within the Site. If you believe that something on the Site violates these Terms please contact our designated agent set forth in Section 10 below.

If notified by a User of User Content or other materials which allegedly do not conform to these Terms, JD Match may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. JD Match has no liability or responsibility to Users for performance or nonperformance of such activities.

 

Registration Information.

 

When you register with any JD Match Site, you will be asked to create an account and provide JD Match with certain information including, without limitation, a valid e-mail address (your "Information"). Information you submit will be used in accordance with JD Match's Privacy Policy.

 

JD Match reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by JD Match or by third parties. Please see JD Match's Privacy Policy, the terms of which are incorporated herein by reference, for further details regarding your Information.

 

You understand and acknowledge that you have no ownership rights in your account, and that if you cancel your account, all your account information from JD Match, including resumés, profiles and other material you have provided will be marked as deleted in JD Match's databases and will be removed from any public area of the JD Match Sites. Information may continue to be available for some period of time because of delays in propagating such deletion through JD Match's web servers. In addition, third parties may retain cached copies of your Information.

 

Member Content and Submissions.

 

You understand that all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by you on or through a JD Match Site ("Member Content") is the sole responsibility of the person from which such Member Content originated. JD Match claims no ownership or control over any Member Content. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Member Content you submit, post or display on or through JD Match and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Member Content on or through JD Match, you grant JD Match a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute, and publish such User Content through JD Match. In addition, by submitting, posting or displaying User Content which is intended to be available to the general public, you grant JD Match a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute, and publish such User Content for the purpose of promoting JD Match services. JD Match will discontinue this licensed use within a commercially reasonable period after such Member Content is removed from JD Match. JD Match reserves the right to refuse to accept, post, display or transmit any Member 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 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 Member Content in any public area of any JD Match Site, you also permit any Member to access, display, view, store, and reproduce such Member Content for personal use. Subject to the foregoing, the owner of such Member Content placed on any JD Match Site retains any and all rights that may exist in such Member Content.

 

JD Match acts as a passive conduit for the online distribution and publication of Member Content and has no obligation to screen Member Content, communications or information in advance and is not responsible for screening or monitoring Member Content posted by Members. However, JD Match may review and remove any Member 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, Members of any JD Match Site. JD Match reserves the right to expel Members and prevent their further access to the JD Match Sites and/or use of the JD Match Services for violating the Terms or applicable laws, rules or regulations. JD Match may take any action with respect to Member Content that it deems necessary or appropriate in its sole discretion if it believes that such Member Content could create liability for JD Match, damage JD Match's brand or public image, or cause JD Match to lose (in whole or in part) the services of its ISPs or other suppliers.

 

JD Match does not represent or guarantee the truthfulness, accuracy, or reliability of Member Content or any other communications posted by Members or endorse any opinions expressed by Members. You acknowledge that any reliance on material posted by other Members will be at your own risk.

 

The following is a partial list of Member Content that is prohibited on the JD Match Sites. The list below is for illustration only and is not a complete list of all prohibited Member Content.

 

Content that:

 

  • is implicitly or explicitly offensive, such as Member 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 or "spamming";
     
  • promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening,
    obscene, defamatory or libelous;
     
  • promotes or endorses an illegal or unauthorized copy of another person's copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
     
  • 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; 
     
  • provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, violating someone's privacy, providing or creating computer viruses or pirating any media; 
     
  • solicits passwords or personal identifying information from other Members.

 
 

Any Profile you submit must describe you, an individual person. Examples of inappropriate and prohibited Profiles include, but are not limited to, Profiles that purport to represent an animal, place, inanimate object, fictional character, or impersonate a real individual that is not you. You may not include in your Profile any false telephone numbers, street addresses, email addresses or other means of contacting you, that do not accurately identify ways in which you can be reached.

 

If notified of Member Content or other materials which allegedly do not conform to these Terms, JD Match may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. JD Match has no liability or responsibility to Users or Members for performance or nonperformance of such activities.

 

We appreciate hearing from our Members and welcome your comments regarding our services and the JD Match Sites. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of JD Match. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. JD Match shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

 

Registration and Password.

 

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 your JD Match Site registrations and passwords, whether or not authorized by you. You agree to immediately notify JD Match of any unauthorized use of your account, Profile, passwords or passwords, as the case may be.

 

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 any JD Match Site and is accessible on such JD Match Site in a way that constitutes copyright or trademark infringement, please contact us at copyrighttrademarkquestion@JD Match.com.

 

Policy Regarding Termination Of Users Who Repeatedly Infringe The Copyright Or Other Intellectual Property Rights Of Others

 

JD Match and all of its affiliated companies respect the intellectual property of others, and we ask our Members and content partners 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 JD Match Sites, you agree not to use any JD Match Site to infringe the intellectual property rights of others in any way. We will terminate the accounts of any the JD Match Sites Members, and block access to the JD Match Sites of any Members who are repeat infringers of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the Member who is terminated or to the Member whose access is blocked.

 

Participation in Referrals and Promotions

All individuals referred for membership in JDMatch must be qualified as enrolled students in good standing pursuing a JD degree in their first year (1L), second year (2L), or third year (3L), or must be similarly enrolled in good standing and pursuing an LL.M degree, at an ABA-accredited United States law school.  In order for the referring JD Match member to qualify for the referral premium, the referred individual must purchase a one year membership at www.jdmatch.com.  Each referred individual who becomes a member entitles one and only one referring member to the referral premium.  In cases where the same individual is referred by more than one person, JD Match will attempt to give the referral premium to the first individual to make the referral, but there can be no assurance such determination will be correct and JD Match assumes no liability whatsoever for determinations alleged to be incorrect.  Said determinations are final.

 

All gift cards are the property of JDMatch or their designated issuer, until such time as the gift card has been emailed to the intended recipient.  JDMatch is not responsible for cards that are lost, stolen, expire, are misused, or otherwise become valueless.  Receipient accepts sole responsibility for card(s) .  Any invalid card numbers must be reported by the recipient immediately, upon which time an inquiry will be opened with the original Card Issuer.  By accepting the gift card, the recipient agrees to abide by all rules and regulations of the Card Issuer and recipients are responsible for familiarizing themselves with and abiding by the rules and regulations of the Card Issuer. 

 

JD Match is not responsible for any email address that is mistyped, invalid or no longer in use.  It is the intended recipient's responsibility to ensure that JD Match has up to date and accurate information as to where gift cards should be sent in order to reach recipient.

 

JD Match can commence, terminate, offer, and withdraw offers of promotions at any time and without notice.  Members and potential members may participate in any promotion for which they are eligible and which is in effect at the time of their participation but may not retroactively request elilgibility for a promotion which has expired or been terminated or withdrawn.

 

JD Match's Liability.

 

The JD Match Sites act as a venue for firms to connect to candidates and does not screen or censor the listings, including Profiles offered. JD Match is not involved in actual transactions between employers, candidates, and law schools, if any. As a result, JD Match has no control over Member Content, the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings and JD Match makes no representations about any jobs, resumes or Member Content on the JD Match Sites. JD Match may take any action with respect to Member Content that it deems necessary or appropriate in its sole discretion if it believes that such Member Content could create liability for JD Match, damage JD Match's brand or public image, or cause JD Match to lose (in whole or in part) the services of its ISPs or other suppliers. While JD Match reserves the right in its sole discretion to remove Member Content, job postings, resumes or other material from the JD Match Sites from time to time, JD Match does not assume any obligation to do so and disclaims any liability for failing to take any such action.

 

Because Member authentication on the Internet is difficult, JD Match cannot and does not confirm that each Member is who they claim to be. Because we do not and cannot be involved in Member-to-Member dealings or control the behavior of participants on any JD Match Site, in the event that you have a dispute with one or more Members, you release JD Match (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.

 

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."

 

The JD Match Sites and the JD Match Content may contain inaccuracies or typographical errors. JD Match makes no representations about the accuracy, reliability, completeness, or timeliness of any JD Match Site or the JD Match Content. The use of all JD Match Sites and the JD Match Content is at your own risk. Changes are periodically made to JD Match Sites and may be made at any time. 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 JD Match Sites. Employers are solely responsible for their postings on JD Match Sites. JD Match is not to be considered to be an employer with respect to your use of any JD Match Site and JD Match shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any JD Match Site.

 

JD Match cannot guarantee and does not promise any specific results from use of the JD Match Sites. No advice or information, whether oral or written, obtained by a Member from JD Match through or from any JD Match Site shall create any warranty not expressly stated herein.

 

Disclaimer of Warranty.

 

JD Match DOES NOT WARRANT THAT ANY JD Match SITE WILL OPERATE ERROR-FREE OR THAT ANY JD Match SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF youR USE OF ANY JD Match SITE OR THE JD Match CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, JD Match IS NOT RESPONSIBLE FOR THOSE COSTS. THE JD Match SITES AND JD Match CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. JD Match, 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. JD Match MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE JD Match CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

 

Disclaimer of Consequential Damages.

 

IN NO EVENT SHALL JD Match, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY JD Match SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY JD Match SITE AND THE JD Match CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT JD Match IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

Limitation of Liability.

 

JD Match'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY JD Match SITE OR youR USE OF THE JD Match 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 JD Match Sites contain links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by JD Match of the contents on such third-party Web sites. JD Match 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 Web sites. If you decide to access linked third-party Web sites, 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 any JD Match Site.

 

Indemnity.

 

You agree to defend, indemnify, and hold harmless JD Match, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from any Member Content or other material you provide to any JD Match Site, (ii) your use of any JD Match Content, or (iii) your breach of the terms of these Terms. JD Match shall provide notice to you promptly of any such claim, suit, or proceeding.

 

General

 

JD Match makes no claims that the JD Match Content may be lawfully viewed or accessed outside of the United States. Access to the JD Match Content may not be legal by certain persons or in certain countries. If you access JD Match.com or any other U.S. based JD Match Site from outside of the United States, 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 New York, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within New York, New York. 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 term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, JD Match's failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect JD Match'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 JD Match Sites, a particular "Legal Notice," or software license or material on particular JD Match Site pages, these Terms constitute the entire agreement between you and JD Match with respect to the use of the JD Match Sites. No changes to these Terms shall be made except by a revised posting on this page.

 

Term and Termination

 

These Terms will remain in full force and effect while you are a Member of the JD Match Sites at any level. JD Match reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of your Member Content from the JD Match Sites and the other JD Match Sites and immediate termination of your registration with or ability to access the JD Match Sites and the other JD Match Sites and/or any other services provided to you by JD Match, upon any breach by you of these Terms or if JD Match is unable to verify or authenticate any information you submit to JD Match.com or pursuant to other JD Match Site registration. Even after you are no longer a Member of the JD Match Sites, certain provisions of these Terms will remain in effect.

 

These Terms constitute a binding agreement between you and JD Match, and is accepted by you upon your use of a JD Match Site.