Terms and Conditions | Openings Awake

These Terms of Use outline the guidelines for utilizing this website. If you do not agree with these terms, please refrain from using the site. By accessing this website, you acknowledge and accept these conditions. Openings Awake retains the right to update these terms at any time, so users are advised to check this page regularly for modifications. The terms "you" and "user" refer to any individual or entity accessing this site.

You are authorized to view and use one copy of the website’s content including text, images, graphics, and other materials strictly for personal, non-commercial purposes. This content is protected under U.S. and international copyright laws, and any unauthorized use could result in legal action. You may not reproduce, distribute, modify, or publicly display any portion of the content without prior written consent.

Usage of Services

Service Usage Agreement: By utilizing our Services, you acknowledge and accept that we do not have control over the accuracy, validity, completeness, reliability, or legal standing of any content provided by third parties. Additionally, you recognize that we are not responsible for the honesty, reliability, or conduct of either Job Seekers or Clients engaging with our platform.
Eligibility Criteria: To access and use our Services, you must be at least 18 years of age or meet the legal age requirement in your place of residence, allowing you to enter a legally binding contract with Openings Awake. If you are below this age requirement but are legally allowed to work in your jurisdiction, you confirm that a parent or legal guardian has reviewed this Agreement and consents to its terms on your behalf.

Email Communication and Consent

By providing your email address to Openings Awake, you acknowledge and agree that we may use this email address to send you communications relevant to our Services, as well as other essential notifications, including legally mandated notices, as an alternative to traditional postal correspondence. Additionally, we may use your email to share updates about Service modifications, enhancements, and special promotions where permitted by applicable law.

Acceptable Use Policy

By using our Services, you agree to comply with the following restrictions:

Intellectual Property Protection: You must not copy, distribute, or disclose any part of the Services without prior authorization.
Automated System Restrictions: Avoid using bots, scripts, or automated tools that may excessively burden our servers.
Spam and Security Risks: You are prohibited from sending spam, engaging in unsolicited communication, or attempting to compromise our system’s security
Infrastructure Strain: Any action that places undue stress on our system or uploads harmful data, viruses, or malicious software is strictly forbidden.
Unauthorized Data Collection: Gathering, storing, or harvesting personally identifiable data without proper authorization is not permitted.
Security Violations: Bypassing security measures, reverse engineering our platform, or unauthorized linking to our content is prohibited.
Content Submission Guidelines: Users must not submit false, misleading, or offensive material. Openings Awake holds the right to determine what qualifies as offensive.

Prohibited User Content

The following provisions outline the types of User Content that are strictly disallowed. This list serves as an example and is not exhaustive. You agree not to upload, share, or publish User Content that:

Presents a potential danger to individuals or property.
Provides instructions, assistance, or advice related to unlawful activities.
Involves unsolicited communication, including but not limited to phishing schemes, scams, or any form of fraudulent outreach.
Contains links to illegal or offensive material or attempts to collect Personal Data from minors under the age of 18.
Includes content that, in our judgment, is illegal, harmful, offensive, abusive, defamatory, invasive of privacy, infringing on rights, harassing, degrading, threatening, vulgar, or otherwise inappropriate.
Features any material that violates laws, including but not limited to insider trading regulations or the unauthorized disclosure of trade secrets.
Consists of information that you do not have the legal authority to share under any applicable law, contractual agreement, or fiduciary duty.
Contains false, misleading, or otherwise deceptive information.
Content that infringes on the Intellectual Property Rights or privacy rights of any third party is strictly prohibited.

For the purposes of this Agreement, "Intellectual Property Rights" encompass patent rights, copyright protections, mask work rights, moral rights, publicity rights, trademarks, trade dress, service marks, goodwill, trade secret protections, and any other intellectual property rights that currently exist or may arise in the future. These rights include all applications, registrations, renewals, and extensions governed by the legal frameworks of any state, country, territory, or other jurisdiction.

Content Disclaimer & Liability Limitations

Openings Awake serves strictly as a medium for User Content distribution and does not assume any responsibility for verifying its authenticity, completeness, or compliance with legal standards. Accordingly, Openings Awake disclaims all liability related to User Content. You understand that the content you may encounter could be incorrect, deceptive, unlawful, offensive, or otherwise inappropriate, and it is solely your responsibility to assess its validity before relying on it.

Notwithstanding the above, while Openings Awake is under no obligation to monitor User Content, it reserves the right to reject, remove, or suspend any content and associated accounts that violate this Agreement, any additional agreements with Openings Awake, applicable laws, or third-party rights.

Disclaimer of Liability and Assumption of Risk

By accessing and using Openings Awake, you acknowledge and accept that Openings Awake does not verify the identities, backgrounds, or trustworthiness of its Users. The platform does not assume responsibility for authenticating any individual, including but not limited to job seekers, employers, recruiters, or hiring agencies. It is solely your responsibility to exercise due diligence before engaging in any form of communication or interaction with other Users.

You willingly accept all risks associated with your interactions with other Users on the platform. Should a dispute or issue arise between you and another User, you agree to address and resolve the matter directly with the concerned party, without holding Openings Awake accountable.

By agreeing to these terms, you expressly release and indemnify Openings Awake, its affiliates, employees, officers, and representatives from all claims, liabilities, or damages whether direct, indirect, consequential, or incidental arising from your interactions on the platform, to the fullest extent permitted by law.

Disclosure of User Content and Related Information

Openings Awake reserves the right to disclose User Content and associated information about its originator to third parties. Such disclosures may occur in connection with the management and delivery of our Services, the enforcement of agreements between you and us, compliance with legal requirements, or in response to governmental requests, law enforcement directives, court orders, subpoenas, or other similar legal mandates.

Additionally, we may disclose this information if necessary to protect the interests of Openings Awake. For clarity, by agreeing to these terms, you acknowledge that we may reveal your identity to a third party who claims that any User Content you have uploaded, shared, or provided is deceptive, misleading, fraudulent, unlawful, infringes their intellectual property or ownership rights, or violates their privacy rights.

Limitation of Liability and External Links Disclaimer

Under no event shall Openings Awake, its affiliates, suppliers, or any third party referenced on this website be held responsible for any damages, including but not limited to incidental, consequential, or indirect losses, loss of revenue, data corruption, or business disruptions that arise from the use or inability to use this website. This limitation applies regardless of the legal basis, whether it be breach of contract, warranty, negligence, or any other claim, and applies even if Openings Awake has been informed of the potential for such damages.

This website may include links to third-party sites for user convenience, but their presence does not imply an endorsement by Openings Awake. We do not guarantee the accuracy, relevance, or security of these external websites and disclaim any responsibility for their content. Any interaction or transaction conducted on such external platforms is entirely at your own risk and solely between you and the respective third party.

Unauthorized Use and Confidentiality

You agree not to sell, transfer, or exploit the Website for commercial purposes without proper authorization. Any proprietary, financial, business, or technical data obtained from us is considered confidential. You are prohibited from sharing or disclosing this Confidential Information unless required by law.

Intellectual Property and User Feedback

All rights to the Website and its associated services, excluding user-generated content, are solely owned by Openings Awake and its licensors. These rights are safeguarded by copyright, trademark, and intellectual property laws.

Limitation of Liability, Termination, Indemnification, and General Provisions

Openings Awake’s total liability, regardless of the legal theory, shall not exceed $100. In case of any violation of these terms or if we are unable to verify the accuracy of the information you provide, Openings Awake reserves the right to take necessary legal measures, including but not limited to removing your content and terminating your access to our services.

We do not guarantee that accessing our Website Content outside the United States is lawful. If you choose to do so, you are solely responsible for ensuring compliance with your local regulations. Your continued use of our services after any changes means you accept and agree to the revised terms.

Permissible Use and Restricted Activities

Users are required to engage with the Website in a lawful manner that upholds the rights and dignity of others. Activities that infringe upon intellectual property rights, including copyrights and trademarks, or violate personal rights through defamation, obscenity, threats, abuse, or hate speech are strictly forbidden.

Security violations, including unauthorized access, interference with service, or any form of hacking, are prohibited. Any breach may lead to legal consequences, and we reserve the right to cooperate with law enforcement in prosecuting offenders.

The Website serves as a platform for job seekers and employers. Users must not submit misleading information, promote business ventures requiring upfront investments, exploit the database for unauthorized purposes, distribute unsolicited advertisements, alter third-party content, overload the system, use unauthorized browsing applications, reverse-engineer the Website’s software, duplicate its content, or create unauthorized links or frames.