Last updated: October 17, 2017
Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the www.themontaj.com website (the “Service”) operated by Imagine a Rose LLC (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
Acceptable Use:
The Service is intended for individuals seeking employment and for clients or recruiters seeking candidates for employment. You may use the Service only for lawful purposes within the stated Terms. Imagine a Rose LLC is the sole interpreter of the Service’s intended and acceptable use.
You may not take project listings or directory listings and reformat and display them, or mirror the results pages on your website. You may not “meta-search” or crawl themontaj.com.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
Communications
By creating an account on our Service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided on any email we send.
Subscriptions
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a monthly basis.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Imagine a Rose LLC cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting our customer support team.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Imagine a Rose LLC with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Imagine a Rose LLC to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Imagine a Rose LLC will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Fee Changes
Imagine a Rose LLC, at its sole discretion and at any time, may modify fees for Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Imagine a Rose LLC will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Refunds
Certain refund requests for Subscriptions may be considered by Imagine a Rose LLC on a case-by-case basis and granted at the sole discretion of Imagine a Rose LLC.
Content
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
Imagine a Rose LLC has the right, but not the obligation, to monitor and edit all Content provided by users. In addition, Content found on or through this Service are the property of Imagine a Rose LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
Accounts
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.
Intellectual Property
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Imagine a Rose LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Imagine a Rose LLC.
Except for the limited licenses expressly granted to you in these Terms and Conditions, Imagine a Rose LLC reserves for itself and its licensors all other rights, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content, or use them in any other way for public or commercial purpose. Notwithstanding anything to the contrary contained herein, this prohibition includes: (a) copying or adapting the HTML code used to generate web pages on the Service; (b) using or attempting to use engines, manual or automated software, tools, devices, agents, scripts, robots or other means, devices, mechanisms or processes (including, but not limited to, browsers, spiders, robots, avatars or intelligent agents) to navigate, search, access, “scrape,” “crawl,” or “spider” any web pages or any content provided by the Service other than the search engine and search agents available from Imagine a Rose LLC on its websites and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); and (c) aggregating, copying or duplicating in any manner any of the Content or information available from any of the Imagine a Rose LLC Services, without the express written consent of Imagine a Rose LLC. The use of the Content on any other website or in a networked computer environment for any purpose is strictly prohibited.
License to Use by Users who are Job Seekers. Imagine a Rose LLC hereby grants you a limited, terminable, non-exclusive right to access and use the Service only for your personal use seeking employment opportunities for yourself. You agree that you are solely responsible for the content of any Content you post to the Service and any consequences arising from such posting. Your use of the Service is a privilege. Imagine a Rose LLC reserves the right to suspend or terminate that privilege for any reason, at any time, and at its sole discretion.
License to Use by Users who are Clients. Imagine a Rose LLC hereby grants you a limited, terminable, non-exclusive right to access and use the Service only for your internal business use seeking candidates for employment. Imagine a Rose LLC also grants you a limited, terminable, non-exclusive license to use The Montage Content and Services for your internal use only. You may not sell, transfer or assign any of the Services or your rights to any of the Services provided by Imagine a Rose LLC to any third party without the express written authorization of Imagine a Rose LLC. You agree that you are solely responsible for the content of any Document you post to a website and any consequences arising from such posting. Imagine a Rose LLC reserves the right to suspend or terminate your access and use at any time if Imagine a Rose LLC determines that you are in breach of these Terms and Conditions.
Links To Other Websites
Our Service may contain links to third party websites or services that are not owned or controlled by Imagine a Rose LLC.
Imagine a Rose LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Imagine a Rose LLC 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 use of or reliance on any such content, goods or services available on or through any such third party websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.
Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless Imagine a Rose LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation Of Liability
In no event shall Imagine a Rose LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Imagine a Rose LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Delaware, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you regarding our Service, and supersede any prior Terms regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or amend these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Contact Us
If you have any questions about these Terms, please contact us.