Terms Of Use

Effective: July 17, 2013

This Site is owned and operated by Venturocket, Inc. ("Venturocket," "we" and "us"). Please read these Website Terms of Use ("Terms") carefully before using this website ("Site"). Using this Site indicates that you accept these Terms.If you do not accept these Terms, do not use this Site.

Introduction

The keywords and opportunities matching service (the "Service") made available by Venturocket, Inc. ("Venturocket," "we" and "us") through this website (the "Site") matches opportunity seekers (each, a "Seeker") and opportunity providers (each, a "Provider") through match ratings calculated by our proprietary matching algorithm, based on the keywords specified and the experience level and price by each Seeker and the keyword requirements specified and rated for experience and importance by each Provider. (Providers and Seekers are sometimes each referred to herein as a "User" or "you".)

These Terms of Use (the "Terms") set forth the agreement between you and Venturocket governing your use of the Service and the Site. Your use of the Service or the Site indicates that you accept these Terms. If you do not accept these Terms, please do not use the Service or the Site.

It is important that you periodically review these Terms, as we may modify them at any time and without prior notice to you by posting a modified version of the Terms to the Site. Any changes to the Terms will be immediately effective on a prospective basis upon our posting of the modified version. If you disagree with any of these Terms, your sole remedy is to discontinue your use of the Service and the Site. Your continued use after a change to the Terms has been posted constitutes your acceptance of the change.

Registration

To use the Service, you will first need to register on the Site. To register, you will be asked to submit your email address and ZIP code corresponding to the geographic region of your desired search, as well as, if you are a Seeker, your first and last name and preferred employment type (e.g., "Full-time," "Part-time," "Contract," and "Contract-to-Hire") and, if you are a Provider, your company name (collectively, the "Registration Information").

If you are a Seeker, you will also be able to specify whether you are willing to commute or relocate for a job, and if so, the maximum distance you are willing to commute or relocate. You will also be able to specify whether you are willing to telecommute.

If you are a Provider, you will be asked to provide a headline description ("Headline"). This Headline is a 140 character (including spaces) description in which you should provide information such as the job title and a brief job description, and/or the idea candidate.

If you are a Seeker, you will similarly be asked to provide a Headline, also composed of 140 characters (including spaces). You should provide a description of yourself, and/or the ideal job you hope to find. This is like a 140-character cover letter.

Providers and Seekers should not enter any personally identifiable information such as personal first and last names (company names are acceptable), phone numbers, email addresses, or any other information that could be used to determine the precise identity of a live human being. A reminder is prominently displayed on the Service that reads "For your privacy, do not include any personal information." For more information, please consult the Venturocket Privacy Statement.

To register to use the Service, you will also be asked to create a password. Please keep your password confidential. If you believe the security of your password has been compromised, or if you have forgotten your password, please reset your password. If you enter your username and an incorrect password when attempting to log onto the Site, an option will appear that reads: "Invalid username/password. Reset." Clicking this link will allow you to reset your password.

Finally, upon completing the registration process, you will be sent an "Email Verification" email that contains a link to ensure that you are the person who registered. Once you verify your email, your registration will be complete.

You agree to provide true, accurate, current and complete information about yourself as requested in the registration process and the Account Settings page.

Additional Information

Although not required to register to use the Service, you may choose to provide additional information in your Account Settings page, such as your telephone number and mailing address, that you may opt in to make available to other users as described in the next section.

Selecting Your Contact Information to be Shared

By default, except for your name/company name and location (based on your ZIP code), none of your Registration Information or other contact information will be shared with other users of the Service unless you opt in to make any such additional information available for sharing. In addition to your name/company name and location, any Registration Information or other contact information that you would like to share with other users of the Service, such as your telephone number, email address or mailing address, may be specified in your Account Settings. If you choose not to allow any information about you other than your name/company name and location to be shared, other users of the Service will only be able to contact you via the internal Venturocket messaging system.

We refer in these Terms to all of the information about you that you authorize us to share through the Service as your "Contact Information."

Pre-Paid Credit Account

Venturocket utilizes a pre-paid credit account system ("Pre-paid account"). This means that you do not directly pay on a per-transaction basis, but you instead preload your user account with money. In the event that a paid connection occurs, money will be deducted from this account. See below for more.

Auto-Reload

You may elect to allow the Service to auto-reload your Pre-paid account by selecting the relevant option from your credit card account settings. This will cause the Service to automatically charge your credit card on file in an amount equal to the your desired amount to pre-load. For example, if you pre-load your Pre-paid account with $20 and select to auto-reload your Pre-paid account, then once you exhaust the $20 in your Pre-paid account, your credit card on file with the Service will automatically be billed for $20 and $20 credited to your account.

Authorization for Credit Card Charges

After registering and creating your profile (as described above), and after verifying your email (as described above), you will automatically receive free credit to spend on Venturocket. You will then after the opportuntiy to submit a valid credit card number and associated billing information if you wish to add further credit to your account. If you do not provide such credit card information, you may continue to use the Site, but you will only be able to connect with another user and exchange Contact Information up to the amount of free credit that you have received. Once you exhaust your free credit, then you may still continue to use the Site, but you will not be able to connect with another user and exchange Contact Information until you provide us with such credit card information and add additional credit to your account.

We will only charge your credit card at your request to add value to your Pre-paid account.

By maintaining a non-zero balance in your Pre-paid account, you pre-authorize Venturocket without any subsequent authorization to deduct money from the balance of your Pre-paid account when:

  1. as a Seeker, a Provider clicks on your Profile to connect with you, and your Pre-paid account balance is greater than or equal to the cost of the connection, and the Provider's Pre-paid account balance is greater than the cost of the connection, or
  2. as a Provider, you click on Seeker's Profile to connect with that Seeker, and if, as a Provider, your Pre-paid account balance is greater than or equal to the cost of the connection, and if that Seeker's Pre-paid account balnace is greater than or equal to the cost of the connection, or
  3. as a Seeker, you click on a Provider's Profile to connect with that Seeker, and if that Provider accepts your connection, and if both you and that Provider have a Pre-paid account balance greater than or equal to the cost of the connection, and if the Provider accepts your connection request.

At any time, you may cancel your pre-authorization by disabling your account in your "Account Settings" page on the site, or alternatively, by failing to reload your Pre-paid account once it is exhasuted. You acknowledge that all charges to your credit card prior to any such disabling of your account will be unaffected. Further, you acknowledge that if your account is disabled, Venturocket will not provide you the Service.

Making a Connection

After registering, to use the Service a Seeker must create a profile of up to 30 keywords reflecting keywords, certifications, professions, or other relevant information that he or she desires to specify, with experience level (such as entry-level, mid-level, senior-level, or some intermediate values therein) and for each keyword designated by such Seeker, where experience level will determine the price for each keyword, and a Provider must create one or more profiles of up to 15 keywords for the job or opportunity reflecting keywords, certifications, professions, or other relevant information that he or she desires to specify, with associated desired experience level or experience ranges designated by such Provider for each specified keyword requirement (each, a "Profile"). We assume that if the experience range required is broad (for example, "web developer desired for mid- to senior-level position") then the importance is low; if the experience required is narrow, then the importance is low.

Providers

Upon a Provider posting a Profile, the Service will display to the Provider the following information: (i) each Seeker's Headline, (ii) a match percentage with respect to the Profiles of such Provider and each Seeker in the database, as calculated by our proprietary matching algorithm, (iii) the purchase price to be connected with each Seeker, (iv) a list of each Seeker's matching keywords, deficient keywords, and additional keywords, and (v) each Seeker's location (city) as derived from such Seeker's ZIP code.

If a Provider elects to connect with a particular Seeker, and if the Provider has a sufficient Pre-paid account balance for the connection, then the Pre-paid accounts of both the Provider and Seeker will have deducted from their balances the associated purchase price immediately, unless the charge would exceed the account balance of the Seeker, as explained above, in which case a refund will be allocated to Provider, as explained below.

Upon verification that both Pre-paid accounts have sufficient balances to cover the connection request transaction, and provided that the necessary parties of accepted or not declined as necessary, Venturocket will release to the Provider the Contact Information for such Seeker and to the Seeker the Contact Information for such Provider. After that, the Service with respect to that particular Seeker-Provider connection ceases.

Seekers

Upon a Seeker posting a Profile, the Service will display to the Seeker the following information: (i) each Provider's Profile Headline, (ii) a match percentage with respect to the Profiles of such Seeker and each Provider in the database, as calculated by our proprietary matching algorithm, (iii) the purchase price to be connected with each Provider, (iv) the requirements from each Provider's Profile that match with such Seeker's keywords, (v) each Provider's company name, and (v) each Provider's location (city) as derived from such Provider's ZIP code.

If a Seeker elects to connect with a particular Provider, and if the Seeker has a sufficient Pre-paid account balance for the connection, and if the Provider accepts the connection, then the Pre-paid accounts of both the Provider and Seeker will have deducted from their balances the associated purchase price immediately, unless the charge would exceed the account balance of the Provider, as explained above, or if the Provider declines or does not accept the connection request from the Seeker, in which case a refund will be allocated to the Seeker, as explained below.

Upon verification that both Pre-paid accounts have sufficient balances to cover the connection request transaction, and provided that the necessary parties of accepted or not declined as necessary, Venturocket will release to the Provider the Contact Information for such Seeker and to the Seeker the Contact Information for such Provider. After that, the Service with respect to that particular Seeker-Provider connection ceases.

Hide Functionality for Providers

As a Provider, you may hide particular Seekers from your search results by clicking the "hide" button for each particular Seeker. The ability to hide is on a "per Seeker" and "per Provider" basis - i.e., whether a Seeker is hidden to a particular Provider does not in any way affect that Seeker's visibility to other Providers nor does it any way affect that particular Seeker's reputation on the Service. No other Providers or Seekers - or even the hidden Seeker - will know that the Seeker has been hidden, and there is no cumulative effect to being hidden by multiple Providers.

Purchase Price for Each Connection

The purchase price for each Seeker-Provider connection is equal to the greater of (i) one U.S. dollar ($1) or (ii) the sum of the price of the Seeker's keywords designated by such Seeker that match the keyword requirements specified by the Provider.

The maximum theoretical purchase price for a particular connection is dictated by the Seeker—specifically, it is the sum of all Seekers' keywords' prices associated with all 30 (or however many) keywords were designated by the Seeker in that Seeker's Profile. For many potential connections (when all Seeker keywords do not match all Provider keyword requirements), the purchase price will be lower than the sum of all of the Seeker's keywords' prices.

Charges to Your Credit Card

You agree to pay all amounts charged by Venturocket pre-loading your Pre-paid accounts, and for all amounts deducted for (including any applicable state and local taxes) in accordance with these Terms.

All transactions executed by the Service are final. Venturocket offers no price protections or refunds, except as outlined below:

  1. If, as a Provider, you attempt a connection with a Seeker whose Pre-paid account has a balance less than the amount of the attempted connection, and if the Seeker does not add sufficient credit to their Pre-paid account to cover the cost of the connection, then you will receive a full refund in the amount of the attempted connection after two (2) days.
  2. If, as a Seeker, you attempt attempt a connection with a Provider (a) who elects NOT to accept your connection request or (b) whose Pre-paid account has a balance less than the amount of the attempted connection, and if the Seeker does not add sufficient credit to their Pre-paid account to cover the cost of the connection, then you will receive a full refund in the amount of the attempted connection after two (2) days.

Payment Information

You acknowledge and agree that any credit card and billing payment information that you provide to us may be shared with companies that work on our behalf, such as payment processors and credit agencies, solely for the purpose of checking credit, effecting payment to Venturocket and servicing your account. We may also provide information in response to a subpoena, court order or other legal process.

We will not be liable for any use or disclosure of such payment information by such third parties.

Prohibited Activities

In using the Service and the Site, you must not:

  • Send or otherwise transmit to or through the Service or the Site any unlawful, infringing, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material or terms of any kind;
  • Misrepresent your identity or affiliation in any way;
  • Misrepresent your skills (if you are a Seeker) or the opportunity (if you are a Provider);
  • Violate any applicable laws or regulations; or
  • Assist or permit any persons to engage in any of the activities described above.

User-Submitted Information

You must exercise caution, good sense and sound judgment in using the Service and the Site. You are responsible for any material you transmit to or through the Service, the Site or to us through email. You agree, represent and warrant that any information you transmit to or through the Service, the Site or to us through email is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such information. As noted in the "Privacy" section below, certain information submitted by you is subject to our Privacy Policy (available at http://venturocket.com/privacy).

Copyright

The material made available through the Service and on the Site is protected by copyright. No material from the Service or the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the copyright owner, except that you may download one copy of the materials on any single computer and produce one printed copy for your personal, noncommercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights of Venturocket or other entities where so indicated.

Permission for all other uses of materials contained herein, including reproducing and distributing multiple copies, or linking to any webpage on the Site except the "home page" (www.venturocket.com), must be obtained from Venturocket in advance. Requests for such authorization should be submitted via an email to lagel. For purposes of these Terms, the use of any such material on any other website or networked computer environment is prohibited. All design rights, databases and compilation and other intellectual property rights, in each case whether registered or unregistered, and related goodwill are proprietary to Venturocket.

Trademarks

All trademarks, service marks, logos and trade names on the Service or the Site, whether registered or unregistered, including but not limited to "Venturocket," are proprietary to Venturocket or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof.

Site Security

You are prohibited from violating, or attempting to violate, the security of the Site or the Service. Any such violations may result in criminal and/or civil penalties against you. Venturocket will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.

Links to Other Websites

For your convenience, the Site may contain links to other websites. If you use these links, you will leave the Site. Certain of these linked websites may make use of Venturocket proprietary intellectual property rights under license from Venturocket. Venturocket is not responsible for the availability or content of these other websites or for any viruses or other damaging elements encountered in linking to a third-party website, whether or not Venturocket is affiliated with the owners of such websites. In addition, providing links to these websites should not be interpreted as endorsement or approval by Venturocket of the organizations sponsoring such third-party websites or their products or services. These Terms do not apply to any other websites.

Jurisdictional Issues

The Service and the Site are controlled and operated by Venturocket from its offices within the State of California, in the United States of America. Venturocket makes no representation that materials available through the Service or on the Site are appropriate or available for use in other locations. Those who choose to access the Service or the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Service and the Site from jurisdictions where the contents of the Site or the Service are illegal or penalized is prohibited.

Disable Account

You may disable your account without terminating yoru account by accessing the relevant setting in your Account Settings. This will cause your Provider job listing or Seeker job seeker profile to be invisible in match results on the Service, but will not terminate your account or remove any of your information from the Service. For account termination, see below.

Termination

Venturocket may terminate your use of the Service or the Site at any time and for any or no reason without notice to you. All provisions of these Terms which by their nature contemplate performance after the termination of your use of the Service or the Site shall survive such termination.

You may terminate your account (and thus your access to the Service and the Site) at any time by notifying Venturocket via email (at tcatnoc).

If you request that your account be terminated:

  • We will not use your credit card and other personal information from that point forward;
  • Any connections with other users involving you or messages sent through the Service by you prior to your request to terminate your account will persist for access by other users; and
  • Your account will not be recoverable

Disclaimers

Venturocket does not endorse or support any Providers or Seekers with which you may connect through the Service. Venturocket likewise does not guarantee the truthfulness, accuracy or reliability of any of the Contact Information or other data delivered by the Service. You acknowledge that your reliance on any such information will be at your own risk.

The maximum purchase price for any Provider-Seeker connection effectuated by the Service is dictated by the Seeker's bids associated with the Seeker's skills. Venturocket is not responsible for and does not participate in the pricing practices of Seekers.

THE FEATURES AND INFORMATION ON THE SITE AND PROVIDED BY THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VENTUROCKET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VENTUROCKET DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE OR DELIVERED BY THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

VENTUROCKET DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE DATA DELIVERED BY THE SERVICE OR THE SITE, OR ANY OTHER RESULTS OF THE SERVICE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL VENTUROCKET BE LIABLE FOR ANY COMPENSATORY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE OR THE SITE, EVEN IF VENTUROCKET OR A VENTUROCKET AUTHORIZED REPRESENTATIVE 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 FOREGOING EXCLUSION MAY NOT APPLY TO YOU.

Indemnity and Release

To the extent permitted by applicable law, you agree to indemnify, defend and hold Venturocket and its directors, employees, agents and contractors harmless from and against any liability, loss, injury, demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney's fees, arising out of or in connection with your use of the Service or the Site. Venturocket reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

If you use the Service to connect with and/or enter into a contract with another User, then you agree to release and hold Venturocket harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injury or property damage, either directly or indirectly related to or arising from your connecting or contracting with such other User.

Children

The Site is a general audience site. Venturocket does not seek through the Site to gather personal information from or about persons under the age of 13. Persons under the age of 18 are prohibited from registering to use the Service.

Privacy

Use of the Site is also subject to our Privacy Policy, available at http://venturocket.com/privacy.

Other

These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. If any provision of these Terms is 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. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing.

If you have any questions or complaints regarding these Terms, please submit your questions or complaints via an email to lagel. We will endeavor to respond to you promptly.