Terms of Use

LAST UPDATE: January 14, 2021

We appreciate that you have chosen Unify and value our relationship with you. As we support you through your job search, hiring process and career journey, we want you to have access to the terms that apply to your use of Unify. These Terms of Use, the Privacy Policy and all other terms and policies we reference are written in the style of legal documents because they form a contract between you and Unify Labs. Please read them carefully and contact us at contactus@unifylabs.org with any questions.

We must begin by clearly telling you the following: THIS WEBSITE IS OWNED AND OPERATED BY THE UNIFY PROJECT D/B/A UNIFY LABS ("UNIFY LABS", "WE", “OUR” AND "US"). ACCESS AND USE OF THIS WEBSITE, MOBILE APP, AND THEIR RELATED SERVICES AND WEB PAGES (COLLECTIVELY, THE "SITE") ARE PROVIDED BY UNIFY LABS TO YOU ON CONDITION THAT YOU ACCEPT THESE TERMS OF USE, AND BY ACCESSING OR USING THIS SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO ACCEPT AND ABIDE BY THESE TERMS OF USE YOU SHOULD NOT ACCESS OR USE THIS SITE.

BETA TEST PROGRAM PARTICIPANTS

Thank you for participating in a Beta Test Program of Unify. We are providing you access to a Beta Version of Unify solely for this purpose. These Terms of Use apply to your use of Unify during the Beta Test Program, including the following in bold font:

A. Beta Version. The version of the Site, or components thereof, provided to you under these Terms of Use are provided in a pilot, limited pre-commercial release, preview, non-production, “beta” or “evaluation” form (“Beta Version”) in order to permit you to assist Unify Labs in evaluating, testing, and further developing the functionality of the Site (the “Beta Test Program”). Unify Labs provides the Beta Version “AS IS” without any support, warranty, maintenance, error correction or other obligation of any kind. Unify Labs may revoke your right to use any Beta Version at any time without incurring any liability, and does not guarantee that future versions of Beta Version will be made available under the same commercial or other terms.

B. No Other Products or Services. Except for the Beta Version, Unify Labs will not be obligated to provide any other products or services to you under this Agreement.

C. Restrictions. You expressly agree that you will not:

These Terms of Use, the Privacy Policy and all other documents referenced herein govern the relationship between you, a job seeker, recruiter, employer or other user of the Site ("you"), and Unify Labs with respect to your use of this Site. You agree that the agreement formed by these Terms of Use is like any written negotiated agreement signed by you, and that by clicking “Sign Up” or a similar button or registering for, accessing or using the Site, you agree to be bound by, and fully comply with, its terms. These Terms of Use shall govern your use of the Site for so long as you choose to do so, and all provisions that by their nature are intended to survive beyond termination of your use of the Site shall so survive. You represent and warrant that you have all necessary right, power and authority to enter into this agreement and to perform and otherwise discharge all of your obligations hereunder. If you use the Site on behalf of a recruiter or employer, you represent and warrant that (1) you are duly authorized by and for such recruiter or employer to agree to and accept these Terms of Use on behalf of such recruiter or employer, and (2) you do accept these Terms of Use on behalf of such recruiter or employer; unless such recruiter or employer has a separate contract with Unify Labs, in which event the terms of that separate contract will control.

We reserve the right at any time to change: (i) these Terms of Use; (ii) this Site, including terminating, eliminating, supplementing, modifying, adding or discontinuing any content or feature or data or service on or available through this Site or the hours that they are available; (iii) the Privacy Policy in accordance with its terms; (iv) our internal security policies and procedures related to the Site; and (iv) the equipment, hardware or software required to use and access this Site.

Any changes we make to these Terms of Use will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on this Site. Your continued use of this Site after such notice will be deemed acceptance of such changes. Be sure to return to this Site periodically to ensure you are familiar with the most current version of these Terms of Use.

You may not interfere with the security of, or otherwise abuse this Site or any system resources, services or networks connected to or accessible through this Site. You may only use this Site for lawful purposes.

Beta Test Program.

A. Beta Version. The version of the Site, or components thereof, provided to you under these Terms of Use are provided in a pilot, limited pre-commercial release, preview, non-production, “beta” or “evaluation” form (“Beta Version”) in order to permit you to assist Unify Labs in evaluating, testing, and further developing the functionality of the Site (the “Beta Test Program”). Unify Labs provides the Beta Version “AS IS” without any support, warranty, maintenance, error correction or other obligation of any kind. Unify Labs may revoke your right to use any Beta Version at any time without incurring any liability, and does not guarantee that future versions of Beta Version will be made available under the same commercial or other terms.

B. No Other Products or Services. Except for the Beta Version, Unify Labs will not be obligated to provide any other products or services to you under this Agreement.

C. Restrictions. You expressly agree that you will not:

(i) copy, use or exploit the Beta Version other than as permitted by these Terms of Use;

(ii) modify, change, alter, translate, create derivative works from, produce a source listing, decompile, disassemble, or otherwise reverse engineer, the Beta Version, or attempt to do the same or assist another in the same;

(iii) interfere, or attempt to interfere, with the Beta Test Program in any way;

(iv) engage in any fraudulent, illegal or unauthorized use of the Beta Version;

(v) introduce into or transmit through the Beta Version any virus, worm, trap door, back door, timer, clock, counter or other harmful or limiting routine, instruction or design;

(vi) copy, distribute, sublicense, transfer, modify, create any derivative work based on, re-sell, rent, lease, lend, permit third-party access to, or service bureau, sublicense or otherwise transfer rights or assign the Beta Version or any portion or copy of the Beta Version, to any third party;

(vii) use, or permit any third party to use, the Beta Version for the purpose of developing, selling, distributing, or sublicensing a device that competes with the Beta Version;

(viii) remove, obscure or alter any copyright notice, trademarks or other proprietary rights notices affixed to or contained within the Beta Version; or

(ix) abuse or misuse the Beta Version (which shall be determined by Unify Labs in its sole discretion).

I. JURISDICTION

If you are residing in a jurisdiction that restricts the ability to enter into agreements such as set out in these Terms of Use, you may not enter into this agreement or use this Site.

Furthermore, if you are residing in a jurisdiction where it is forbidden by law to participate in the activities or services offered by this Site, you may not enter into this agreement or use this Site. By using this Site you are explicitly stating that you have verified in your own jurisdiction if your use of this Site is allowed.

We make no representation that materials in this Site are appropriate or available for use in all locations. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

We reserve the right to limit the availability of the Site, materials, or other products described or offered thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such services, materials, or other product provided.

II. DISCLAIMERS

Unify Labs shall have no liability for interruptions or omissions in Internet, network or hosting services and does not warrant that the Site or the services which make this Site available or electronic communications sent by Unify Labs are free from viruses or any other harmful elements.

Any material downloaded or otherwise obtained through the use of this Site is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

III. PRIVACY

Unify Labs is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Privacy Policy to describe our privacy practices and how we collect, use and disclose the personal information of those individuals who visit this Site. Please see our Privacy Policy for further information.

IV. USER ACCOUNTS; FEES; USE OF E-SIGNATURES

In order to access and use certain services available on this Site, you may be required to open and maintain an account ("Account") with us. During the registration process, we will collect personal information that you provide. All of the information you provide to us or that we collect from you in connection with your use of the Site will be governed by these Terms of Use and our Privacy Policy . You agree at all times to: (i) provide accurate, current and complete information about yourself as prompted by our registration form or otherwise; and (ii) maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we may terminate your Account and your ability to use this Site and, in our sole discretion, to report you to the appropriate authorities.

You understand and agree that, in addition to the foregoing restrictions, we reserve the right to change, remove, alter or delete any Account at any time and for any reason in our sole discretion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer your right to use or access this Site via your username or password to any third person.

YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

You agree to notify us immediately of any unauthorized use, theft or misappropriation of your Account, username, or password. We shall not be liable for any loss that you incur as a result of someone else using your username or password, either with or without your knowledge.

Information submitted by users will be transmitted to and shared with third parties that may be located in other countries, in order to provide services to such users, including but not limited to transaction processing and fraud prevention.

We will invoice you for any agreed-upon fees related to your use of the Site. You agree to pay all fees within thirty (30) days following the date of the applicable invoice. If you fail to make any payment when due, then we may charge interest on the past due amount at the rate of 1.5% per month and we may suspend your access to the Site during any period of non-payment.

Some pages on the Site may offer an option to click a button to indicate your acceptance or approval, or an e-signature option that is powered by a third-party service provider. By clicking a button or using e-signatures on the Site, you agree that your click or e-signature is intended to authenticate the document you’re signing, and your click or e-signature will have the same force and effect as a manual signature. Unify Labs disclaims all warranties associated with clicks and e-signatures, including any errors associated with the software or the validity of the signature. Unify Labs is not a legal record keeper. Your use of clicks and e-signatures is at your own risk, and it is your responsibility to ensure that your document is received and to retain your own copies.

V. USER CONTRIBUTIONS

The Site may allow you to submit, communicate, upload, or otherwise make available ideas, suggestions, messages, documents, proposals, photographs, audio, video, and other content (“User Content”), which may be accessible and viewable by other users of the Site and used by Unify Labs in providing you services and products. You alone are responsible for your User Content, and once published, it cannot always be withdrawn. You assume all risks associated with your User Content, including anyone’s reliance on its accuracy and your right to publish it. While we may edit and make format changes to your content (such as translating or transcribing it, modifying the size, layout or file type or removing metadata), we are not responsible for and will not modify the meaning of your expression. You represent that you own, or have the necessary permissions to use and authorize the use of your User Content as described herein. You may not imply that your User Content is in any way sponsored or endorsed by Unify Labs.

You may not submit or upload User Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, lewd, offensive, indecent, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected harm any person or entity (such User Content, “Offensive User Content”), whether or not such material is protected by law. You agree that you will not use your Account or any Site to publish or disseminate, or allow any other person to use your Account to publish, republish, or disseminate, any Offensive User Content, nor use profanity in any posting to any Site.

You may also expose yourself to liability to Unify Labs or third parties if, for example, you hold an Account and User Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation. If you comment about an experience with Unify Labs or any third party, or write defamatory or inflammatory comments through the Site (or repeat, copy, or redistribute the defamatory or inflammatory comments of others), you could also expose yourself to liability.

We may use your User Content in a number of different ways, including publicly displaying and reformatting it. As such, you hereby irrevocably grant us world-wide, non-exclusive, royalty-free, transferable rights to use your User Content for any purpose associated with the operation of the Site and for our internal tracking, reporting, and data analysis purposes, without limit as to time, manner, and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity. You also irrevocably grant the users of the Site the right to access your User Content in connection with their use of the Site. Finally, you irrevocably waive, and cause to be waived, against Unify Labs and its users, any claims and assertions of moral rights or attribution with respect to User Content. By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of User Content.

We reserve the right to remove, screen, edit, or reinstate your User Content from time to time at our sole discretion and without notice to you. By submitting User Content to Unify Labs through its suggestion or feedback webpages, via email, or otherwise, you acknowledge and agree that: (a) User Content does not contain confidential or proprietary information; (b) Unify Labs may have something similar to the User Content already under consideration or in development; (c) We have no obligation to retain or provide you with copies of user Content, nor do we guarantee any confidentiality with respect to your User Content.

VI. USE RESTRICTIONS

This Site is only for personal or internal business use. You may not use this Site in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.

VII. CODE OF CONDUCT

You agree that you will not attempt to, nor permit any third party to, enter restricted areas of Unify Labs' computer systems or perform functions that you are not authorized to perform pursuant to these Terms of Use. While using this Site you agree to comply with all applicable laws, rules and regulations (including, but not limited to, export/import laws and laws relating to privacy, obscenity, copyright, trademark, confidential information, trade secret, libel, slander or defamation). You shall not interfere with or disrupt the Site, our servers or our networks, or take any action that imposes unreasonably or disproportionately large load on our infrastructure.

VIII. COPYRIGHT INFRINGEMENT

If you know or suspect that any of the materials on the Site have been used or copied in a way that constitutes copyright infringement, please send notice to our designated agent identified below. According to the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3), your notice must comply with the following requirements:

The designated agent for notice of copyright infringement claims may be reached as follows: Gail Spahar, Unify Labs, P.O. Box 5283, Willowick, Ohio 44095, (216) 503-8212, and contactus@unifylabs.org.

The preceding information is provided exclusively for notifying us that your copyrighted material may have been infringed. All other inquiries, such as product related questions and requests or concerns regarding improper postings and/or content, will not receive a response through this process.

IX. AVAILABILITY

While we endeavor to keep downtime to a minimum, we cannot promise that this Site will be uninterrupted, secure or error-free. We reserve the right to interrupt/suspend this Site, or any part thereof, with or without prior notice for any reason and you shall not be entitled to any refunds of fees for interruption of this Site.

X. CURRENCY OF WEBSITE

Unify Labs updates the information on this Site periodically. However, Unify Labs cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Site. Unify Labs may revise, supplement or delete information, services and/or the resources contained in this Site and reserves the right to make such changes without prior notification to past, current or prospective visitors.

XI. LINKED WEBSITES

This Site may provide links to third party websites for your convenience only. The inclusion of these links does not imply that Unify Labs monitors or endorses these websites or their respective practices. Unify Labs does not accept any responsibility for such websites. Unify Labs 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 the reliance upon any information, content, goods or services available on or through any third party websites or linked resources. These Terms of Use and our Privacy Policy do not apply to your use of any third party websites, so be sure to review any applicable terms and policies of third party sites.

XII. INTERNET SOFTWARE OR COMPUTER VIRUSES

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Site. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from this Site.

Unify Labs shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Site or your downloading of any user materials or other content from this Site. Unify Labs recommends that you install appropriate anti-virus or other protective software.

XIII. OUR MATERIALS

This Site is owned and operated by Unify Labs in conjunction with others pursuant to contractual arrangements.

Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of Unify Labs and its licensors. ALL RIGHTS RESERVED.

Unify Labs may make certain content, software or other electronic materials (including all files, text, URLs, video, audio and images contained in or generated by such materials, and accompanying data) (collectively " Unify Labs Materials") available to you from this Site, from time to time. If you download or use Unify Labs Materials, you agree that such materials are licensed for your limited personal use only and not sold or assigned and: (i) may only be used for your personal and non-commercial use, (ii) may not be modified, used to create a derivative work, incorporated into any other work or otherwise exploited without Unify Labs 's prior written permission, and (iii) shall be only be used in compliance with any additional license terms accompanying such materials. Unify Labs does not transfer either the title or the intellectual property rights to Unify Labs Materials, and retains full and complete title to Unify Labs Materials as well as all intellectual property rights therein. You agree not to sell, share, redistribute, or reproduce Unify Labs Materials. You further agree not to decompile, reverse-engineer, disassemble, or otherwise convert any compiled Unify Labs Materials into a human-perceivable form. Unify Labs or its licensors own all related trademarks and logos, and you agree not to copy or use them in any manner.

All rights not expressly granted herein are reserved by Unify Labs. Any unauthorized use of the materials appearing on this Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

This Site, (including its organization and presentation and Unify Labs Materials) is the property of Unify Labs and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names and other similar rights.

XIV. NO WARRANTY

THIS SITE, THE SERVICES UNIFY LABS PROVIDES, AND UNIFY LABS MATERIALS ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, OR NON-INFRINGEMENT. UNIFY LABS DOES NOT REPRESENT OR WARRANT THAT THIS SITE, THE SERVICES, OR UNIFY LABS MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE SECURE, UNINTERRUPTED OR ERROR FREE. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE LIMITED TO THE SHORTEST DURATION PERMITTED BY LAW. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE-TO-STATE.

XV. LIMITATION OF LIABILITY

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS SITE AND UNIFY LABS MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.

IN NO EVENT SHALL UNIFY LABS OR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS SITE, UNIFY LABS MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

XVI. INDEMNIFICATION

You agree to, upon request, defend, indemnify and hold us harmless from any and all liabilities, claims, losses and expenses, including attorneys' fees, which arise directly or indirectly from, or relate to: (1) any breach of these Terms of Use for which you are responsible; (2) your use of this Site; or (3) your violation, infringement, or misappropriation of the intellectual property, proprietary or other rights of any third party. Unify Labs reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without the prior written consent of Unify Labs. This indemnification section will survive any termination or expiration of these Terms of Use.

XVII. CONTACTING UNIFY LABS

If you need to contact us regarding this Site or these Terms of Use, please email us at contactus@unifylabs.org. You can also contact us via telephone at (216) 503-8212.

XVIII. MISCELLANEOUS

These Terms of Use are governed by and construed in accordance with the laws of the State of Ohio and the United States of America, without regards to their respective principles of conflicts of law. You agree to the exclusive personal jurisdiction by the federal and state courts located in the city of Cleveland, Ohio, United States of America, in any matter arising from or related to these Terms of Use and your use of the Site and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.

If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

These Terms of Use set out the entire agreement between us relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements between us. These Terms of Use are not assignable, transferable or sub-licensable by you except with Unify Labs’ prior written consent. These Terms of Use provide only for the use of this Site. These Terms of Use shall not be construed as a teaming, joint venture, or other such arrangement, unless the parties expressly and explicitly execute an agreement to that effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.