TERMS OF SERVICE

Welcome to Job Search Journey (referred to in this policy as “We,” “Our” or JSJ)! We have adopted the following Terms of Service which govern your relationship with JSJ and provide important information about your legal rights (“Terms”).

These Terms explain the rules you need to follow when you visit our marketplace located at JobSearchJourney.com, any affiliated web pages (“Sites”) we may host, our mobile applications (“Apps”), and any other services we might offer (together the Sites, Apps, and related services are our “Services”). 

The JSJ Marketplace offers an open platform for career coaches, resume writers and those that support job seekers to discover, buy, sell and share their original content to support job seekers (“Resources”). Resources may include electronically delivered files, digital products, streaming video, and other product types. JSJ may modify, add, discontinue support for, or limit the availability of any product type. A Resource, together with the Resource title, description, and other listing information make up a “Resource Listing.” JSJ at no time owns or sells Resources for or on behalf of our Sellers.

Users of the JSJ Marketplace include members who have registered for a JSJ account (“Account”) (“Members”) and visitors who browse the marketplace without registering for an Account (“Visitors”). (Visitors and Members together are our “Users”).

By using our Services as a Visitor, Member, or in any other manner, you agree to follow these Terms and any other terms or policies which are incorporated as part of these Terms.

Membership

This section provides information regarding who is eligible to join our community, how to create an account, and the types of accounts we offer. To use many of the features of our Services, we require you to register as a Member with us. Some Members post, share, and sell Resources (Sellers), other Members use their accounts only to browse, purchase, and download Resources (Buyers), and some do both.

ELIGIBILITY

To use many aspects of our Services, you’ll be asked to become a Seller/Member. Only individuals who are 18 years of age or older are eligible to become Sellers/Members. By registering for an Account or using our Services, you represent and warrant that you are at least 18 years old. 

When you create an Account, the information you provide needs to be true and accurate. You may not provide fake or false information, provide information that violates someone else’s rights, or plagiarize the work of someone else. 

We may ask for proof of your age or identity at any time to verify your Account and we may close or suspend access to your Account if you violate this rule or if we are unable to verify your age or identity.

If your Account has been closed by JSJ, you are no longer eligible to be a Member of our community. 

 

MEMBERSHIP TYPES

Buyer. You can join JSJ as a Buyer to purchase and download Resources. A Buyer Account is owned by the individual whose name and email address are listed on the Account profile. As a Buyer, you’ll be able to make purchases, download free and purchased Resources, submit requests for custom products and enjoy other features and services we may offer.

Seller. Sellers may sell their uniquely-created resources. JSJ reserves the right to modify your Seller Membership type at any time at our discretion. 

Seller Memberships have all the same features of Buyer Memberships plus the ability to upload and sell Resources, access sales data, purchase promotional space, access marketing features and tools, and access additional information and communication features. The tools and features available to a Seller depend on the Seller’s chosen Membership level. 

 

MEMBERSHIPS & FEES 

Purchases, taxes, and fees. You are responsible for paying any amounts due, including any applicable taxes, when you make purchases on JSJ. JSJ products are listed, and you will be charged, in U.S. Dollars as well as applicable state and local sales taxes. 

By placing an order, you represent and warrant that the billing information you’ve provided is accurate. JSJ enables Sellers to collect sales tax on applicable orders in states where they have designated an obligation. JSJ is not responsible for the information provided by our Sellers and does not guarantee the accuracy of sales tax calculations. 

Where sales tax is not collected, you are solely responsible for the payment of any use tax that may apply to your purchase and you may be required to file a use tax return to pay such taxes.

Buyers. Joining as a Buyer is free. 

Sellers. JSJ reserves the right to offer multiple Seller Membership options. Each Seller Membership has different features and privileges, Payout Rates and Fees. 

“Fees” include (1) membership subscription fees charged each membership term (“Membership Fees”), and (2) fees charged per Resource sold (“Transaction Fees”). 

“Marketplace Payout Rate” is defined as the percentage of the sale price you earn for each Resource you sell through the JSJ Marketplace. 

For any membership for which a Membership Fee applies, your membership will automatically renew each term unless you cancel the renewal. 

We may, in our discretion, make changes to the Memberships we offer, the privileges and features available to each Membership, as well as the Fees and Marketplace Payout Rates associated with each Membership at any time. 

In advance of any Fee increase or change in Marketplace Payout Rates, we’ll notify all affected Users at the email address associated with the account in accordance with these Terms. Changes in Marketplace Payout Rates will be applied to all affected Sellers as of the stated effective date of the change, irrespective of any individual Seller’s Membership Fee renewal date. Any increase in Membership Fees will be applied only to renewals taking place after the change goes into effect. 

Sellers are responsible for any other fees or costs they may incur and for paying any applicable income, sales, or other taxes they may be subject to as a result of using our Services.

 

SELLER REQUIREMENTS

All Sellers of JSJ agree to the following participation requirements as part of their Seller status:

  1. Add a link to Job Search Journey on their personal website within 2 weeks of joining. Backlinks can be done in either a blog post on a personal website with a direct link advertising both the individual shop and the JSJ main site.
  2. Share 3 social media posts within 2 weeks of joining across different social accounts. Marketing images are provided by JSJ but Sellers are encouraged to add individual spin in promotions
  3. Include at least one mention of JSJ in personal newsletters or outreach campaigns
  4. Post to social media with the hashtag #JobSearchJourney and tag JSJ accounts

 

RELATIONSHIP

These Terms are the entire agreement between you and JSJ, and they govern your relationship with JSJ. Becoming a Member of our Services does not create an agency, employment, or partnership relationship between you and JSJ and JSJ is not the employer of and does not act as an agent for any Member.  

 

ACCOUNT CLOSURE

Closure by JSJ.  We may, in our discretion, close or suspend the Account of any Member at any time for any reason, with or without notice. 

Closure by You.  You have the right to close your JSJ account at any time, without notice to us. 

Effect of Account Closure.  After your account is closed, you’ll no longer have access to your Account information, past purchases, uploaded Resources, and many of the features of our Services that require an Account. 

If you close your Account on your own, you can reopen your account anytime by logging in again. 

Discontinue Services.  We may change, suspend, or discontinue offering our Services at any time. Any suspension or discontinuation in our Services may mean that your Account, including any Resources or other materials you may have purchased from our Services, and any Resources or Communications (collectively “Content “) you may have uploaded to our Services, may not be available to you or to other Users. We are not liable to you for any impact a change, suspension, or discontinuation of our Services may have including the loss of access to any Resources that you’ve purchased, or loss of income from your temporary or permanent inability to sell Resources through our Services.

 

Resource Licensing Policy

IN GENERAL

License. JSJ Sellers own and maintain the intellectual property rights in their Resources and grant Members licenses to use such Resources for limited use as described in this section. When you purchase a Resource as a Buyer, you’re purchasing a license to use the Resource in accordance with the terms of this Resource Licensing Policy. All downloadable and digitally consumed Resources can only be used in accordance with a license. 

Your use of any Resource, whether purchased/transferred/gifted to you, is subject to this Resource Licensing Policy and other terms set forth in these Terms. You agree to comply with the terms of this Resource Licensing Policy as well as any additional terms the Seller provides in the Resource Listing, to the extent that such terms do not conflict with these Terms. In the event of any conflict between this Resource Licensing Policy and a Seller’s terms, this Resource Licensing Policy will govern, except that Sellers may grant certain additional rights to their Resources. 

 

INDIVIDUAL LICENSE

An Individual License is a license that may only be assigned to a single specific individual user (“Assignee”) (e.g. one specific job seeker) for that Assignee’s lifetime use. Individual Licenses are non-transferable and may not be used by or reallocated to a different Assignee (for example, a coach who purchases an Individual License can use such Resource, in accordance with this section, for her or his lifetime but cannot transfer use of such Resource to another coach after her or his retirement).  

Except as otherwise stated in these Terms (such as in the “Limitations on Access” section set forth below), with an Individual License, the Seller grants to the purchasing Member, for use by one Assignee, a non-exclusive, perpetual, irrevocable, non-transferable, non-sublicensable, worldwide, limited license to use the Resource for the purposes and under the conditions described below. The Seller may grant additional rights at their discretion.

If you purchase an Individual License, the Seller permits you to:

As an Assignee / Buyer of an Individual License, the Seller permits you to:

Unless otherwise expressly permitted by the Seller:

 

LIMITATION ON ACCESS

Downloadable Resources.  JSJ cannot guarantee continuous access to any Resource through our Service. For example, if at any time, JSJ stops hosting a Resource for any reason or you or JSJ terminates, suspends, downgrades, or otherwise limits your Account or access to JSJ’s Services, your ability to access the Resource through our Services may be terminated. It is your responsibility to maintain and store a copy of downloadable Resources on your device to ensure future access. 

Digital and Video Resources.  If you purchase access to a Resource in the format of streaming video or other non-downloadable formats, your license will expire if you or JSJ closes your account, or if JSJ stops hosting the Resource for any reason.

 

Intellectual Property

THE SERVICES AND THE SITE CONTENT

Except for Content uploaded or posted by Members, all other aspects of the Site and the Apps you find on our Services are owned or controlled by JSJ. This includes, but is not limited to, all text, graphics, photographs, logos, and other imagery, videos, user interfaces, trademarks, computer code, and other content of our Site or Apps (collectively, “Site Assets”). This also includes the design, structure, coordination, arrangement, expression, and the “look and feel” of Site Assets. Site Assets are protected by copyright, trademarks, trade dress, trade secret, and other intellectual property rights.

You may not use, reproduce, copy, modify, republish, perform, display, disassemble, reverse engineer, translate, or distribute Site Assets in any way to any person, computer, server, website, or other entity for any commercial purpose without our explicit permission. By commercial purpose we mean that you can’t sell, license, rent, use in your own business or website, incorporate into marketing materials or presentations, or make other commercial use of our Site Assets.

 

YOUR CONTENT

Rights you grant to JSJ.  Some parts of our Services allow you to upload or post Content. You retain any intellectual property rights that you hold in that Content. JSJ does not take or claim any ownership (copyright, trademark, or otherwise) over your Content. 

When you post or upload Content to our Services, you grant to us limited rights to store, use, and display, and provide access to the Content you post as necessary to provide our Services, such as to display your Resource in your store and in search results, to make your Resources available for download, and to display and promote your Resources through our Services, through email, and ads on other sites or search engines, and through other marketing campaigns. For these purposes, you grant to us a nonexclusive, irrevocable, perpetual (except as otherwise provided herein), worldwide, sublicensable license to exercise any copyright, trademark rights, or other rights in and to your Content necessary to provide our Services to you and our other Users. 

Rights you grant to others. When a Member purchases a license to use your Resource or downloads free Resources from you, you allow them to use your Resource as described in Section 3 of these Terms above, in accordance with the license type purchased by such Member and any other terms you expressly set forth in writing in connection with such Resources (as long as any additional terms do not conflict with these Terms). For clarity, you may, at your discretion and in accordance with these Terms and any other policies set forth by JSJ, grant additional rights to purchasers of your Resources, but you may not enforce limitations on such use that are inconsistent with the rights granted in Section 3. 

Effect of account closure or Resource deactivation.  If you or JSJ closes, suspends, or otherwise limits your Account or access to the Services, or downgrades your Account we’ll no longer display your store page or your Resource Listings, and your Resources will no longer be available for purchase or download by Members who haven’t previously purchased them. If you or JSJ deletes or deactivates a single Resource Listing, that Resource will not be available for purchase or download by Members who have not previously purchased or downloaded the Resource, and the Resource Listing will no longer be displayed in your store or in search results. If any of the above situations take place, JSJ will continue to store your Resource file on our servers and will continue to make it available for download by Members who have previously purchased the Resource subject to other limitations set forth in these Terms. JSJ will continue to display your Communications unless you remove them from the Services before you go. If you do remove them, we’ll no longer display them on our Services, but we may continue to store a copy of them in our databases.

 

DIGITAL SERVICES LICENSE SUPPLEMENT


These additional licensing terms apply to Sellers who create Resources for or enable their Resources to be used with digital (device-based and/or online) tools and features as available through the Services (“Digital Services”) such as the interactive resource tool that allows Resources to be turned into device-based interactive activities. Resources created or enabled for Digital Services are “Digital Resources” which can be used as further described in this Section by Members of the JSJ Marketplace and, as applicable. If you do not participate as described in the Seller Participation Options paragraph below, the terms in this Section do not apply to you.

Seller Participation Options

Sellers may be able to opt-in by taking action through their JSJ Account or through another mechanism provided by JSJ to create Digital Resources and/or enable their Resources as Digital Resources and, as functionality permits, access and use additional Digital Services functionality. If a Seller creates Digital Resources and/or enables their Resources as Digital Resources as described in this Section, the Seller agrees and acknowledges that all of the Seller’s Resources will be Digital Resources and grants the following rights to such Digital Resources to JSJ and Digital Users.



Additional Rights granted to JSJ

Sellers grant JSJ the following additional rights with respect to the Seller’s Digital Resources notwithstanding anything to the contrary elsewhere in the Terms (For the avoidance of doubt, JSJ does not take or claim any ownership (copyright, trademark, or otherwise) in or to Digital Resources, and Sellers maintain the ownership they otherwise have in accordance with the Terms):

Additional Rights granted to Digital Users. The Seller grants Digital Users the following additional rights with respect to the Seller’s Digital Resources notwithstanding anything to the contrary elsewhere in the Terms:

 

Effect of changes in your participation

Deleting or deactivating a Resource that has been designated as a Digital Resource, closure of your JSJ store, or otherwise exercising an option, as available, to disable use of your Resources as Digital Resources will cause such Resource (or Resources) to not be available as a Digital Resource to any additional Member purchasing or accessing the Resource after such change. Such deleted, deactivated, or disabled Digital Resource (as described in this paragraph), however, will remain a Digital Resource in accordance with this Section for any Digital User who already purchased or accessed such Resource prior to such change.



REPORTING INTELLECTUAL PROPERTY VIOLATIONS 

We respect the intellectual property rights of others and expect the same from all of our Members. No Member or Seller may post any material, information, communication, data, or anything else that infringes on the copyrights, trademarks, or patent rights of someone else.

It’s our policy to close the Accounts of Members or Sellers who repeatedly or egregiously violate this policy.

 

 

PURCHASING TERMS & REFUNDS

Refund Policy

All sales are considered final and nonrefundable once an order is submitted. We may, in our sole discretion, modify our Refund Policy or, on a case-by-case basis, issue a refund for a reason that falls outside of our Refund Policy. Sellers can view a refund and any applicable refund note in their Sales Details report. Sellers may authorize a full or partial refund of their resource for any reason by contacting us. 

 

Payment methods and currency

We may offer a variety of payment methods to pay for purchases, such as a credit and debit card, PayPal Account. We accept payments in United States Dollars (USD). Cash payments and payments in other currencies will not be accepted. We may change or add to our accepted payment methods at any time and we are not obligated to accept payment by any means other than those accepted at the time of your purchase. 

 

Promise to pay

When you buy something on JSJ, you represent and warrant that you’re authorized to make the purchase and to use the payment method and billing information you’ve provided. We are not responsible for any additional fees you may be charged by your financial institution such as international transaction fees or overdraft fees. 

 

MARKETPLACE EARNINGS & PAYOUTS

Marketplace Earnings

For each sale through the JSJ Marketplace, Sellers earn the applicable Marketplace Payout Rate (60% of product sales) that applies to their Membership Type (“Marketplace Earnings”). At this time, JSJ will absorb any Transaction Fees that apply. 

 

Payout Account

To issue Payouts, we work with third-party companies that process and transfer funds between us and our Sellers (“Payment Services”). To receive Payouts, Sellers must have an Account capable of receiving payments with a supported Payment Service (“Payout Account”). If you have questions about the status of your Payout Account, please reach out directly to the Payment Service you use. If you are unable to register a Payout Account with any of the supported Payment Services, we may consider alternative means of issuing Payouts at our discretion on a case-by-case basis. We make no guarantees about the services offered by any third-party companies including the current or any future Payment Services we may support, and we are not responsible for any payment delays or other complications caused by Payment Services. We may, at our discretion, modify the list of supported Payment Services at any time, discontinue support for an existing Payout Service, or make additional Payout options available. 

 

Schedule

Total Earnings or Payouts will take place monthly on the 1st of every month. We may, at our sole discretion, withhold or delay a Payout due to any Seller who we believe to be in violation of any of these Terms. After the matter is resolved, we will either refund the associated sale(s) or complete the Payout.

Payment Service Fees

JSJ will absorb the cost of any transaction fees assessed by Payment Services — which means we will not deduct this from your Payout. We are not responsible for any taxes you may incur from other third parties related to receiving or accessing your Payouts.

Sales Tax

Except in the case of Marketplace Collection (as defined below), you may have and are responsible for the collection and/or payment of any sales tax you may owe. JSJ Sellers may have the option to use a third-party service integrated with the Services (the “Tax Services”) to enable sales tax collection on JSJ in locations where the Seller has designated a sales tax obligation.

 

YOUR PRIVACY

OUR PRIVACY POLICY 

The privacy and security of your data and the personally identifiable information you give us are important to us. Our Privacy Policy explains the data we collect from you and how we use it. By using JSJ Services, you agree that we may use such data in accordance with our privacy policies.

 

HOSTED CONTENT

We don’t control and aren’t responsible for the Content posted by our Members or Sellers, including any disclosures of personal information by our Members or sellers. However, it’s important to us that our Members and Sellers respect the privacy rights of others. If you believe that Content on our Services violates your personal privacy rights, contact us at hello@jobsearchjourney.com or by using our “Contact Us” form for assistance.

 

Indemnity


You agree to indemnify, defend, and hold harmless JSJ, its employees, officers, directors, agents, and affiliates from and against all costs, expenses, damages, judgments, and liabilities (including reasonable attorneys’ fees) resulting from allegations, threats, claims, suits, or other proceedings brought by third parties related to your use or misuse of our Services, including but not limited to any breach of these Terms, violation of any federal, state, or local law, and infringement of someone else’s intellectual property, privacy, publicity, or other rights.

 

Limitation of Liability & Warranty Disclaimer

 

Our Services. We work hard to ensure that our Services are always available and working properly, but disruptions do occur from time to time and we can’t guarantee that any or all features will always work, or that our Services will be continuously available.

 

JSJ is constantly working to improve our Services for all of our Community Members, Sellers, and Users. We may update or change available functionality at any time. We make no guarantees to Sellers or other Members respecting the findability or searchability of any Resource Listing offered through our Services. We make no guarantees about how much any Seller may earn or whether the level at which a Seller is earning is likely to continue into the future.

 

You agree that the services are provided on an “as is” and “as available” basis. JSJ (including its employees, officers, directors, agents, and affiliates) disclaims any warranty of any kind, express or implied, with respect to your use of the services. We make no guarantees respecting the availability of the services, the security of the services at any particular time or from any particular location, the correction of any defects or errors, the existence of any viruses or other harmful materials, or any other guarantees. 

 

You agree that JSJ (including its employees, officers, directors, agents, and affiliates)  shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, reputation, use, data, or other intangible losses, resulting from (i) the access to, use, or the inability to access or use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. 

  

Content.  The Resources and Communications on our Services are uploaded or posted by our Sellers. JSJ does not produce, approve, post, or upload Resources or Communications. The Content you see on our site and any views, opinions, or assertions presented are those of the Members who posted the Content and do not reflect the opinions, or the official policy or position of JSJ. JSJ makes no representations or warranties as to the quality, accuracy, effectiveness, legality, appropriateness, or other aspects of any Content.

  

Interactions with other Members. You may have the ability to communicate, interact, or otherwise connect with other Members or Sellers through our Service. It’s your responsibility to take precautions when sharing any information about yourself with another Member, Seller, or anyone else, and you release JSJ from any liability that may arise out of your interactions with another Member or Seller of our Service.

 

Third-Party Content. As you use our Services, there may be links, ads, or other ways for you to visit other websites not owned or controlled by JSJ. When you access third-party websites, you do so at your own risk. JSJ cannot and does not make any representations or warranties about other websites or services.

 

Third-Party Services. The Services may permit you to link to other websites or use other services or resources on the Internet in conjunction with our Service (“Third Party Services”), and Third-Party Services may contain links to the Services. When you access Third Party Services, you do so at your own risk. Third-Party Services are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third Party Services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such Third Party Service.

 

CHANGES to THESE TERMS

We may make changes to these Terms from time to time. Whenever the changes we’re making are material to you, we’ll attempt to notify you before those changes go into effect so that you can choose whether or not to continue using our Services. To notify you, we may send a message to the email address we have for your account, we may post notifications around our Services, or we may use other communication methods to reach you.

The notice will include the date on which the changes will be effective. Continuing to use our Services after the changes go into effect serves as your acceptance of the changes.  

OTHER TERMS

DISPUTES WITH JSJ

In the case of a dispute between you and JSJ arising out of these Terms or your use of our Services, the following rules will apply. 

Binding Arbitration.  You and JSJ agree that any dispute arising out of or relating to these Terms or your use of our Services will be settled through binding arbitration, conducted by the American Arbitration Association (AAA) and in accordance with their Commercial Arbitration Rules. Your responsibility to pay any filing, administrative, or arbitrator fees will be solely as set forth in the AAA rules. To the extent permitted under AAA rules, the arbitrator may award costs, fees, and expenses, including reasonable attorney’s fees, to the prevailing party. A decision reached by arbitration will be final and binding and may be entered as a judgment by any court having jurisdiction. You understand that there is no judge or jury in arbitration and that other procedural rights such as discovery and appeal are not available in an arbitration. You and JSJ each knowingly and voluntarily agree to waive your respective rights to a trial by judge or jury and to have your case heard in a court of law.

Disputes will be settled on an individual basis. You and JSJ Each Knowingly And Voluntarily Agree To Waive The Right To Bring Or Participate In A Class, Collective, Consolidated, Or Representative Action Or Arbitration. Notwithstanding this clause, each party may seek injunctive or other equitable relief in a court of competent jurisdiction in New York County to protect the party’s intellectual property rights pending completion of the arbitration. 

Governing Law.  These Terms are governed by the laws of the state of New York, and the laws of the United States of America without regard to principles of conflict of law, and regardless of where you are located in the world.

Venue.  JSJ is located in the U.S., with our headquarters in Charlotte, NC. Any dispute subject to Binding Arbitration will take place in Mecklenburg County, NC. For any other judicial action that may arise between you and JSJ, or for which our Binding Arbitration clause is found not to apply, both you and JSJ agree to submit to the venue and personal jurisdiction of the state and federal courts located in Mecklenburg County, NC. 

 

NO WAIVER

Any failure by JSJ to enforce any right or provision of these Terms does not constitute a waiver of that right or provision and will not limit our right to act or enforce these Terms against subsequent or similar breaches. 

 

SEVERABILITY

If any part of these Terms is deemed invalid, unenforceable, or illegal, that part which is unenforceable is severed from the Terms and will have no impact on the enforceability of the remainder of these Terms.

 

HOW TO CONTACT US

You can reach us by emailing hello@jobsearchjourney.com or by submitting a message using our “Contact Us” form.