Temerity Ventures LLC is a network of career websites that provide mechanisms for job seekers and employers to get in contact with each other. Temerity Ventures LLC, hereafter referred to as the Agency, does business as Job Post Media and Job News, and operates the websites Nolig.com and JobNewsUSA.com, along with the corporate website JobPostMedia.com. We are committed to protecting the privacy of our users and our intention is to provide a safe, secure online environment. We will use our best efforts to ensure that the personal information you submit to us remains private and that any information you give us will only be used for the intended purposes.
The California Consumer Privacy Act (CCPA)
The California Consumer Privacy Act came into effect on January 1, 2020. The full copy of the bill can be found here. To date, the CCPA provides more stringent consumer protection of online privacy than any other U.S. law. The Agency believes that privacy and transparency are good for all consumers. Therefore, beginning 2020 January 1st, the Agency will voluntarily extend the same rights and privileges mandated for California residents to all user in the U.S.A. The CCPA provides users with the rights to opt out of certain types of data collection, to receive a copy of their data, and to delete certain types of their data. To view the Agency’s Do Not Sell My Personal Information page, visit http://jobpostmedia.com/do-not-sell-my-personal-information.
If you wish to submit a privacy-related request to the Agency, please use this webform or call our toll-free phone number for assistance: 1-888-502-6397.
How Your Data is Used
Any U.S. or Canadian resident aged 16 or older may browse and apply to jobs, and browse or register to attend employment events (job fairs) on our websites.
On JobNewsUSA.com, when you apply to a job without a job seeker account, a basic job seeker account will be created for you. You may add to, edit or delete this account at any time. The Agency allows the owner of a job seeker account to change or correct her/his/their personal information at any time, including removal or replacement of one’s resume and any profile information. However, the Agency cannot be responsible for the an employer’s retention of a previous copy of your contact information or resume, if you previously shared that information. To delete your JobNewsUSA.com job seeker account, open Account Settings (https://www.jobnewsusa.com/users/edit) and click the Delete Account option, which will permanently delete your job seeker account.
On Nolig.com, you may apply to a job without a job seeker account; there are no persistent job seeker accounts on Nolig.com.
When you apply for a job through an Agency website, we collect the following information from you:
- Your first and last name
- Email address
- Mobile phone number
- Optionally, your résumé
- Referring web site addresses
Sources of this data:
- You directly submit this information via one of our web forms
- You submit this information via one of our affiliates, which the express intention to apply to a job or register for an employment event (job fair)
If you apply to a job on an Agency website, we transmit a copy of the information that you voluntarily submit to the employer advertising the job. We also preserve a copy of your application data in the employer’s “applicants” web file for a minimum of two years as a service to the employer. In accordance with the California Consumer Privacy Act section 1789.105(d)(1) the Agency will not delete a job application transaction that we deem to have been voluntarily initiated. However, we reserve the right to delete job application submissions if we believe them to be fake or fraudulent.
When you apply for a job, your apply data (personal information that you provide) is shared with the Agency and the employer or agent who posted/created the job. The Agency cannot control how the employer and their agents/recruiters use your information. If you believe that an employer has used your information in a way that violates your privacy or is inconsistent with the normal use of your information to advance your job application, please contact the Agency with the details of the occurrence. The Agency may remove any job or employer from our websites if they are found to be abusive of the privacy of our job seekers.
When you sign up for a job seeker account with the Agency, you create an “account profile” (including information such as, but not limited to, your full name, email address, mobile phone number, employment history, job title, salary requirements, education level, and job skills) by posting your user contact information and, optionally, your resume to your private account. The Agency does not share your job seeker profile information without your permission. Therefore, an employer may view your contact information only when you apply to a specific job(s) or job fair, and with the implicit intention of contacting you regarding potential employment opportunities. In this case, your contact information and employment history data are used for the purpose of submitting an application of employment on your behalf.
Your résumé(s) won’t be accessible to employers other than those offering specific job(s) to which you specifically apply, with one exception: If you submit your résumé while registering to a hiring event (job fair), the event organizer may share your resume with the participating employers. If you would prefer not to share your résumé with participating employers, please do not include your résumé with your job fair event registration.
Some job websites allow you to post your résumé publicly or to a common database which employers can then search. The Agency doesn’t offer these services on our websites, because we want to better ensure the privacy of job seeker data. The Agency is not responsible for the use, retention or disclosure of any information about you that has been posted publicly at any time.
Employment Events and Job Fair Registrations for Job Seekers
When you register for a job fair or recruiting event as a job seeker, we collect your name, email address and mobile phone number and, optionally, your résumé. We use this data to advance your application for employment with one or more employers exhibiting or recruiting at that event.
In order to collect your voluntary event registration, we may use a third party service provider, such as EventBrite.com or JobFairsNearMe.com. When you register to attend one of these recruiting events, the data from your registration transaction may be shared with the following parties:
- The Agency (that’s us)
- The technology service provider powering the event registration
- The employer(s) hosting or exhibiting at the recruiting event
- Sometimes, a third-party agency, if the employer has hired an ad agency or staffing agency to recruit on their behalf
In accordance with the California Consumer Privacy Act section 1789.105(d)(1) the Agency will not delete a job fair registration (i.e. an application for employment) transaction that we deem to have been voluntarily initiated. However, we reserve the right to delete job application or event registration submissions if we believe them to be fake or fraudulent.
When you sign up for an employer account with The Agency, we collect your personal information which may include your full name, email address, mobile phone number, company/employer, or other information in which your identity may be discernible, which becomes part of your private “account profile.” We collect this information in order to contact you regarding your orders, and to confirm your identity as a legitimate employer, in order to protect our job seekers.
On JobNewsUSA.com, you may create an employer account yourself. In order to protect the security of our job seekers and provide discovery, this account cannot be deleted by the account owner. If you wish to suspend your account, please contact your sales representative.
On Nolig.com, an employer account must be created for you by an authorized Agency employee. In order to protect the security of our job seekers and provide discovery, this account cannot be deleted by the account owner. If you wish to suspend your account, please contact your sales representative.
Information About All Visitors
Regardless of your user type, from time to time, you may supply us supplemental information (such as, interests, favorites, preferences, how you heard about us, etc.) so we can better deliver personalized services. Unless you tell us otherwise, we may use this information to make you aware of opportunities, job openings, services, products, site changes, etc. which we believe may be of value or interest to you. Providing supplemental information is strictly voluntary, and you will not be subject to any adverse action or treatment if you choose not to provide such information. We respect your account’s communication settings.
In the course of business, the Agency may utilize public forums and comment areas, such as those on social networking websites and native mobile applications. Any information you publicly provide there shall be subject to our acceptable use policy and under no control of the Agency.
The Agency collects general usage information about all visitors of our site, such as what areas of the site they visit most frequently and what services they access the most. This information may also include IP addresses and locality, browser types, domain names, and access times. This information helps us determine what is most beneficial for our users, and how we can continually create a better overall experience for you. We may share this information with our affiliates, but only anonymously and in the aggregate so that they too may understand how The Agency visitors use our site and can help create a better overall experience.
The Agency uses Google Analytics to track website usage. In addition to general usage information, we also collect data for:
- Remarketing advertising
- Google Display Network Impression Reporting
- Google Analytics Demographics and Interest Reporting
By enabling the Advertising Features, The Agency uses Google Analytics to collect data about our website traffic via Google advertising cookies and anonymous identifiers, in addition to data collected through a standard Google Analytics implementation.
For information on opting out of Google Analytics tracking, please see https://tools.google.com/dlpage/gaoptout/.
For information on opting out of interest-based advertising, please see the Network Advertising Initiative’s opt-out page at http://www.networkadvertising.org/choices/.
HTTP Cookies Policy
To enhance your experience at The Agency, we may use features of your web browser called cookies. To learn more about cookies, check out https://en.wikipedia.org/wiki/
Q) What types of cookies are set on the Agency website?
Q) What data do they track?
A) Your session authentication (if any) and queues that you give us regarding your desired employment location, such as via a job search or viewing a specific job detail page.
Q) Where is the data is sent and with whom it is shared?
A) Agency website cookie data is sent between your browser(s) and our website(s); it is not shared with any other party.
Q) How long do our cookies persist on your browser?
A) Our cookies are set to last indefinitely, but you may clear them at any time.
Q) How can I reject cookies or change the status regarding the cookies?
A) The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser’s “Help” function. You can also visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.
Communications From the Agency
Job seekers who create an account, apply for a job, or register to attend an event may be contacted by the agency. We typically contact you either by email and/or text message. Our messages are typically either “transactional” or “marketing” in purpose.
Transactional messages are responses to actions that you initiate(d). Examples of transactional messages include:
- Confirmation of your job application
- Confirmation and reminders or your event registration
- Password resets
- Job search alerts
- Other notifications of a transaction that you voluntarily initiated
Marketing messages contain opportunities which we believe are relevant and potentially of interest to you. Examples of marketing messages include:
- Invitations to employment events in your area
- Instructions about how to better utilize our software and services
- Information about job opportunities that we believe may be relevant based on your previous job search and application activity, your location or other details
By registering or applying, you agree to be contacted by the agency. However you can opt out of many types of messages. Specifically:
- You may opt out of marketing communications at any time
- If you’d like to opt out of text messages, reply “STOP”
- If you’d prefer to opt out of email communications, click the unsubscribe link in the message footer or log into your account to adjust your notification settings
- Whenever you initiate a new transaction (such as applying for a job), you agree to receive a transaction confirmation via email and/or text message, however, you may opt out of subsequent automated reminders regarding that same transaction
General Information Disclosure
We do not disclose personal information about you to any third parties, unless:
- You consent to such disclosure, or indicate you would like to receive information about the products or services of third parties
- It is required by the companies we employ to perform functions on our behalf, such as processing or analyzing data, providing marketing assistance, processing credit card payments, or providing customer service
- It is required by a court or requested by a law enforcement agency and we believe it is reasonably necessary to: (a) conform to legal requirements or comply with legal process; (b) protect the rights or property of The Agency; (c) prevent a crime or aide national security; or (d) protect the personal safety of users or the public
- A third party acquires a substantial portion of our company or assets, whether by way of merger, consolidation or purchase of stock or assets, or as part of a bankruptcy proceeding
The Agency has affiliates whom we do business, including various newspapers, broadcast media partners, recruiting companies, advertisers, and others in the career industry. If you have come to The Agency by a link from an affiliate or advertiser site, you should read and be familiar with their terms and privacy policies, because The Agency has no control over, and is not responsible for, the practices of other web sites.
The Agency has implemented reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. When you place an order online with the Agency, your credit card information is protected through the use of encryption, such as the Secure Socket Layer (“SSL”) protocol. SSL makes it difficult for your credit card information to be intercepted or stolen while being transmitted. The Agency uses a PCI-compliant third-party service company to process its online credit card transactions.
The Agency’s content is directed to adults and not to children under the age of 16. However, we cannot prohibit minors from visiting our website, so we must rely on parents, guardians and those responsible for supervising children under 16. You must be at least 16 to use this website, and minors under the age of 18 must have their parent’s consent before providing any information to The Agency. The Agency complies with the Children’s Online Privacy Protection Act and does not permit registration by, and will not knowingly collect personally identifiable information from, anyone under 16 years of age.
We retain indefinitely all the information we gather about you in an effort to make your repeat use with us more efficient, practical and relevant, and for archival purposes. You can correct or update your profile and resume at any time, or delete them from the online database, in which event we will remove all our copies of your profile or resume from the web site, except for an archival copy of the data which is not accessible to customers. We cannot make any guarantee as to the records retention or destruction of third parties who may have lawfully obtained or made copies of your resume or other information.
Contact Information, Feedback and Opt-out
The Agency maintains principal offices at 118 East Main St., Suite 500, Louisville, Jefferson County, Kentucky 40202. All notices should be sent to this address.
You may exercise your right to opt-out or request data deletion, or send questions and/or feedback in either of three ways:
- Via physical mail sent to Temerity Ventures, ATTN: Website Feedback, 118 East Main St., Suite 500, Louisville, Jefferson County, Kentucky 40202
- Via this web form
- Or call us toll-free at 1-888-502-6397
TERMS OF SERVICE
A Note to Non-U.S. Visitors
The Agency serves jobs that are limited to locations in U.S. and Canadian postal codes. These jobs rarely provide for international relocation or the sponsorship of work visas. As a domestic website with content primarily limited to the interests of U.S.-based users, we discourage or actively block non-U.S./Canadian website visitors. Although we respect and appreciate people of all nationalities, this website is only for the use of U.S. and Canadian residents. By using the Agency services and its website(s), you agree that you meet this criteria.
You must be 16 year of age to use the Agency website(s). If you are under 18, you are required to seek your parents permission.
If you register as a user of The Agency websites, you will be assigned an account logon username and password, and that username is unique to you. You are responsible for maintaining the confidentiality of your account logon information, and will be responsible for all activities that occur under your account logon. You agree to contact us if you become aware of any unauthorized use of your account logon or any other breach of security. Your right to use The Agency websites is not transferable, nor may any password or right given to you to obtain information or access be transferred to or used by any party.
The Agency allows you to change or correct your registered account information at any time, including removal or replacement of any resumes or profile information. To do so, simply log into your account, go to your account profile, and you will find options for editing the information you have submitted. However, if you have applied to a job on one of our websites, that information has already been availed or transmitted to the employer who posted the job to which you applied. For purposes of compliance, The Agency cannot delete or edit the historical details of an application. Furthermore, users who may have previously accessed the web site may have retained a copy of your resume or an earlier version of it; therefore we cannot be responsible for the retention, use, or the privacy of any resumes that have been posted on our site, or for their unauthorized use or disclosure by or to third parties under these circumstances. What you put in any resume must be true and accurate to the best of your knowledge. The Agency is under no obligation to verify any information you supply, including your identity.
The Agency is affiliated with various recruitment and general media partners throughout the world; we refer to these partners as “affiliates.” If you have come to The Agency by a link from an affiliate or advertiser site, you should read and be familiar with their terms and privacy policies because The Agency has no control over and is not responsible for the practices and policies of other web sites.
Restrictions on Use of Materials
Unless otherwise noted, all materials, including, but not limited to, news articles, images, illustrations, designs, icons, photographs, video clips and audio clips that are part of the The Agency websites (collectively, the “Content”) are protected by copyright and owned, controlled or licensed by The Agency, or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information or restrictions contained in any Content accessed through The Agency websites.
No Content from The Agency websites may be copied, reproduced, framed, hyperlinked, republished, downloaded, uploaded, posted, transmitted, or distributed in any way; provided, however, you may download, where specifically permitted, one copy of the Content on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Copying or storing of any Content for other than personal use is expressly prohibited without prior permission from The Agency, or the copyright holder identified in the copyright notice contained in the Content.
If you wish to build a hyperlink to The Agency websites, you may do so provided you agree to cease such link upon request from The Agency. No other use is permitted without prior written permission of The Agency. Use of any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the Content is strictly forbidden.
Modification of the Content or use of the Content for any other purpose is a violation of “The Agency’s” copyright and other proprietary rights. For purposes of these terms, the use of any Content on any other web site or networked computer environment is prohibited. All trademarks of The Agency, service marks and trade names are proprietary to The Agency. All other trademarks are the property of the affiliate or advertiser displaying them and The Agency makes no claim or right to them.
Acceptable Use Policy
Users may not use The Agency websites to publish, transmit, distribute, store or destroy material, writing, or information: (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. All communications, postings, emails, attachments, uploads, or other forms of publication on or through The Agency websites shall conform to our standards of acceptable use, as we may determine from time to time in our sole discretion.
Due to the nature of the Internet, all unencrypted communications should be considered public, except those identified as secure and encrypted. You should not upload or distribute any Content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or would constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violate any law or personal rights.
You may not use The Agency websites to distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services, including spam, pyramid schemes, and the like. You specifically acknowledge that soliciting other guests of The Agency websites to join or become members of any commercial online or offline service or other organization is expressly prohibited. Using the resumes for any purpose other than as an employer seeking employees, including but not limited to using the information to sell or promote any products or services, is strictly prohibited. In addition, sending unsolicited mail or email, making unsolicited phone calls or sending unsolicited faxes regarding promotions and/or advertising of products or services to a user of The Agency is unacceptable use of this site. Deleting or revising any material posted by any other person or entity without their consent, or using any device, software or routine for purposes of interference or unauthorized access of the The Agency websites is illegal and obviously not acceptable use.
No Warranty of Content
The Agency does not verify or warranty the truthfulness, accuracy, or reliability of any Content or postings by users, nor do we endorse or edit any representations, promises, communications, or offers by our users. You acknowledge that any reliance on material posted by other users will be at your own risk. The Agency simply acts as a forum for the online distribution and publication of information submitted by our users relating to careers. We do not screen such information in advance of publication and are not responsible for its content. However, if we are notified by a user of communications which allegedly do not conform to these conditions of use, The Agency may investigate the allegation and at our sole discretion determine whether to remove or request the removal of such communication. In no event do we assume responsibility or liability for performance or nonperformance of our services. Usage of this site is at the will of The Agency and we reserve the right to terminate access and usage immediately and without notice and to prevent further use of the site, either by of user lockout, IP address blocking, or through any other legal method deemed appropriate by The Agency.
The Agency does not monitor or edit the Content of any uploaded materials unless required in the course of normal maintenance of The Agency websites and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on The Agency; (2) protect and defend the legitimate business interests, rights or property of The Agency, its users, advertisers, customers, sponsors, advertisers or affiliates; or (3) act in an emergency to protect the personal safety of our guests or the public. Users shall remain solely responsible for the content of their communications. Notwithstanding, The Agency has the right but not the obligation to monitor and edit or remove any communications and Content without further notice.
The Agency’s content is directed to adults and not to children under the age of 16. However, we cannot prohibit minors from visiting our website, so we must rely on parents, guardians and those responsible for supervising children under 16. You must be at least 16 to use this website, and minors under the age of 18 must have their parent’s consent before providing any information to The Agency. The Agency complies with the Children’s Online Privacy Protection Act and does not permit registration by and will not knowingly collect personally identifiable information from anyone under 16.
Fees and Payments
The Agency reserves the right at any time to charge fees for access to or usage of portions of The Agency websites or the websites as a whole, or to change the schedule of fees charged to our customers. However, in no event will you be charged for access to The Agency websites unless we obtain your prior agreement to pay such charges. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred. In addition, you shall pay all applicable taxes relating to use of The Agency websites through your account. If your termination is for cause, The Agency reserves the right to collect any outstanding balances, and for 50% of any remaining unused portion of any contract, including collection costs and reasonable attorneys fees of The Agency for such recovery.
THE CONTENT IN The Agency WEBSITES IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, The Agency DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Agency DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT The Agency WEBSITES OR THE SERVER(S) THAT MAKES The Agency WEBSITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. The Agency DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT ON The Agency WEBSITES IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT The Agency) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL The Agency BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT ON The Agency WEBSITES, EVEN IF The Agency OR ANY AUTHORIZED REPRESENTATIVE OF The Agency HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL “THE AGENCY’S” TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING The Agency WEBSITES.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD The Agency HARMLESS FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING REASONABLE ATTORNEYS FEES, RELATED TO YOUR VIOLATION OR ALLEGED VIOLATION OF THIS AGREEMENT OR YOUR USE OF THE The Agency WEBSITES.
Not Legal or Professional Advice
The Content contained on The Agency websites has been prepared by The Agency as a service to its readers and the Internet community and is not intended to constitute legal advice or professional career counseling. The Agency has used reasonable efforts in collecting, preparing and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained on or linked to The Agency websites. Users of information from The Agency websites or links do so at their own risk.
Nothing on The Agency websites shall be considered an endorsement, representation or warranty with respect to any user or third party, regarding any hiring, products, services, experience, employment, recruiting, or otherwise. The Agency does not guarantee any results, and makes no representations regarding the effectiveness or timeliness of the website in meeting employment objectives of users, jobseekers or employers, and has no responsibility for any employment decisions made by any user.
Links to Other Sites
To the extent that The Agency websites contain links to outside services and resources, The Agency does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource. Any reference made by the The Agency websites to any specific commercial product, process, or service (or provider of such product, process or service) by trade name, trademark, hyperlink, or otherwise, does not constitute or imply an endorsement, recommendation, or favoring by The Agency. Content on The Agency websites may be provided by third parties and users. Any opinions, advice, statements, services, offers or other information expressed or made available by third parties, including information providers, users or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of The Agency.
Jobseeker Term and Termination
This agreement shall be effective immediately and shall continue until terminated by either party. You may terminate this agreement at any time by giving The Agency two (2) weeks written notice. The privileges granted to you by these terms, including the maintenance of your account, may be terminated at will by The Agency without notice if The Agency, in its sole discretion, determines that you failed to comply with any provision of these terms and conditions. Upon termination for any reason, you must destroy all Content obtained from The Agency websites and all copies thereof, whether made under these terms or otherwise. The Agency may take such further action as The Agency determines to be appropriate under the circumstances to eliminate or preclude repeat violations, and The Agency shall not be liable for any damages of any nature suffered by any customer, user, or any third party resulting in whole or in part from “The Agency’s” exercise of its rights under these terms and conditions.
These terms shall be governed by and construed in accordance with the laws of the State of Kentucky. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Jefferson County, Kentucky, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. You agree that regardless of any law or statute to the contrary, any claim or cause of action arising out of or relating to The Agency websites and these Terms of Service must be filed within one (1) year of the date the cause of action arose, or be barred as untimely. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as provided herein or in writing, signed by The Agency. To the extent that anything in or associated with The Agency websites is in conflict or inconsistent with these Terms and Conditions, this document shall take precedence. “The Agency’s’ failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.