1. Introduction
Thank you for reading the Ninja Cover Letter blog (the “Blog”). The Blog is owned and operated by Ninja Cover Letter (“we”, “us”, “our”). These Terms and Conditions (“Terms”, “Agreement”) govern your access to and use of the Blog and all content, services, and products available at or through the Blog.
Please read these Terms carefully before accessing or using the Blog. By accessing or using the Blog, you agree to be bound by these Terms. If you do not agree to these Terms, you are not authorized to access or use the Blog.
We may modify these Terms at any time and in our sole discretion. By continuing to access or use the Blog after we make any such modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease accessing and using the Blog.
2. Privacy
We respect your privacy and are committed to protecting it. Our Privacy Policy, which is incorporated into these Terms by this reference, describes our practices in connection with information that we collect from and about you through the Blog.
3. Accessing and Using the Blog
Subject to these Terms and our Privacy Policy, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Blog.
You may access and use the Blog only for lawful purposes and in accordance with these Terms. You agree not to access (or attempt to access) the Blog by any means other than through the interface that we provide, unless you have been specifically allowed to do so in a separate agreement with us.
You specifically agree not to access (or attempt to access) the Blog through any automated means (including use of scripts, crawlers, or similar technologies) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Blog.
You agree that you will not engage in any activity that disrupts or otherwise interferes with the Blog (or the servers and networks which are connected to the Blog).
Unless you have been specifically permitted to do so in a separate agreement with us, you agree that you will not reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of, use of, or access to the Blog.
In order to access some features of the Blog, you may be required to register for an account with us. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. We reserve the right to suspend or terminate your account if any information provided during registration or at any other time proves to be inaccurate, not current, or incomplete.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your account.
4. User Content
You are solely responsible for the content that you post, upload, publish, link to, transmit, record, display, or otherwise make available (“post”) on the Blog or transmit to other users of the Blog (collectively, “User Content”), and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.
Your User Content will not be treated as confidential or proprietary. You understand and agree that we may, but are not obligated to, review, screen, post, remove, refuse to post, modify, edit, store, re-format, re-size, use, disclose, and distribute any and all User Content that you provide, at any time and without prior notice to you.
By posting User Content on or through the Blog, you represent and warrant that: (i) you are the sole author and owner of the User Content or you have all rights, licenses, consents, and releases that are necessary to grant to us the rights in and to your User Content as set forth in these Terms; (ii) your User Content does not infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; (iii) your User Content is not harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) your User Content does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”; (v) you will not use the Blog to solicit, for commercial purposes, any other users of the Blog; and (vi) you will not post advertisements or solicitations of business.
You acknowledge and agree that we may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
(i) comply with legal process;
(ii) enforce these Terms;
(iii) respond to claims that any User Content violates the rights of third parties; or
(iv) protect the rights, property, or personal safety of us, our users, or the general public.
You understand and acknowledge that you are responsible for any User Content you post or transmit to the Blog. We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content or communications posted via the Blog or endorse any opinions expressed via the Blog. You acknowledge that any reliance on material posted via the Blog will be at your own risk.
5. Third Party Content and Links to Other Websites
The Blog may contain content that is provided by third parties, including links to websites of such third parties (collectively, “Third Party Content”). We do not control, endorse, or adopt any Third Party Content and will have no responsibility for Third Party Content, including, without limitation, material that may be misleading, inaccurate, offensive, indecent, or otherwise objectionable. You acknowledge and agree that we are not responsible or liable in any manner for any Third Party Content and you undertake to evaluate and bear all risks associated with the use of or reliance on any Third Party Content.
Links to other websites or resources may be included on the Blog. We have no control over such websites or resources and you acknowledge and agree that we are not responsible for the availability of such external websites or resources and do not endorse and are not responsible or liable for any content, advertising, products, services, or other materials on or available from such websites or resources. You 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 website or resource.
6. Proprietary Rights
The Blog and all content, features, and functionality on the Blog are owned by us, our licensors, or both, and are protected by copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws.
7. Disclaimers
The Blog is provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, in connection with the Blog and your use thereof, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. We disclaim any warranties for other services or goods received through or advertised on the Blog or accessed through any links on the Blog. We disclaim any warranties for viruses or other harmful components in connection with the Blog. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
8. Limitation of Liability
To the fullest extent permitted by applicable law, in no event will we, our affiliates, officers, directors, employees, agents, suppliers, or licensors be liable to you for any indirect, incidental, special, consequential, punitive, or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to your access to or use of, or your inability to access or use, the Blog or any content on the Blog, even if we have been advised of the possibility of such damages.
To the fullest extent permitted by applicable law, in no event will the total liability of us, our affiliates, officers, directors, employees, agents, suppliers, or licensors to you for all damages, losses, and causes of action arising out of or relating to these Terms or your use of or inability to use the Blog exceed the amount paid by you, if any, for accessing or using the Blog.
9. Indemnification
You agree to defend, indemnify, and hold harmless us, our affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from:
(i) your breach of these Terms;
(ii) your access to, use, or misuse of the Blog or any content on the Blog; or
(iii) your User Content. We shall provide notice to you of any such claim, suit, or proceeding and assist you at your expense in defending any such claim, suit, or proceeding.
We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
10. Arbitration
Except for any disputes, claims, suits, actions, causes of action, demands, or proceedings (collectively, “Disputes”) in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets, or patents, you and we agree to arbitrate all Disputes between us. If we are unable to agree upon the selection of an arbitrator within thirty (30) days after the notice of arbitration is served, then the American Arbitration Association (“AAA”) will select the arbitrator.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent: Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, DE 19808. The arbitration will be conducted by the AAA in accordance with the AAA’s Commercial Arbitration Rules and, if the claims do not qualify for those rules, the AAA’s Supplementary Procedures for Consumer Related Disputes, both of which are available at www.adr.org or by calling the AAA at 1-800-778-7879. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
11. Termination
We reserve the right to terminate your access to and use of the Blog at any time and for any reason or no reason, with or without prior notice to you. Your right to access and use the Blog will immediately cease upon any such termination.
12. Miscellaneous
These Terms constitute the entire and exclusive understanding and agreement between us regarding the Blog and your use thereof and supersede and replace any and all prior oral or written understandings or agreements between us regarding the Blog and your use thereof.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect in full force and effect.
The failure of us to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
13. Contact Information
If you have any questions about these Terms, please contact us at ninjacoverletter@gmail.com.