Terms Of Service

These Terms of Service (“Terms”) govern your access to and use of our services, including our various websites, SMS, APIs, email notifications, applications, buttons, widgets, ads, commerce services, and our other covered services that link to these Terms (collectively, the “Services”), and any information, text, links, graphics, photos, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). By using the Services you agree to be bound by these Terms.

The 86 On The Rocks Terms of Service (TOS) is a legal document that details your rights, privileges and obligations as an 86 On The Rocks member using the 86 On The Rocks website. You cannot become a 86 On The Rocks member until you have accepted these terms of this membership agreement. The membership agreement provides very important information about your 86 On The Rocks membership, so you should take the time to read and understand it. If you have questions about the Terms of Service said forth, or about your rights and responsibilities as a 86 On The Rocks member, please contact us by e-mail: support@86OnTheRocks.com. The Internet and our online community are changing rapidly and as technology and our business continue to evolve, these policies may have to be changed, updated or revised.

We may modify this Contract, our any of our Policies from time to time. If we make material changes to it, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. If you object to any changes, you may close your account. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms.

1. BASICS OF YOUR 86 ON THE ROCKS MEMBERSHIP

2. PRIVACY

3. CHARGES OCCURRED

4. CONTENT ON THE SERVICES

5. USING THE SERVICES

6. JOB SITE TOOLS OF 86 ON THE ROCKS

7. DISCLAIMERS AND LIMITATIONS OF LIABILITY

8. GENERAL

1. BASICS OF YOUR 86 ON THE ROCKS MEMBERSHIP

You may use the Services only if you agree to form a binding contract with 86 On the Rocks and are not a person barred from receiving services under the laws of the applicable jurisdiction. In any case, you MUST BE AT LEAST 18 YEARS OLD TO USE THE SERVICES.  If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.

Since 86 On The Rocks is a membership service, 86 On The Rocks reserves the right to limit you to just one membership.

When you accept this membership agreement and complete the 86 On The Rocks registration process, you become the master account holder, and 86 On The Rocks provides you with a limited, non-exclusive license for no more than the term of your membership to use the username you select for your master account. Your username is your online identity. You may not use a username that is used by someone else.

As the master account holder, you are responsible for all activity on your account, and any violations or warnings accrued by your membership can lead to termination of your master account. You may also receive important notices about your membership from time to time, so it is important for you to regularly check your master account's Messages.

It is important that you never reveal your password to other users, friends or any persons that may use/tarnish your online reputation and 86 On The Rocks or any of its' employees will never ask you for any type of password information. You agree not to reveal your password to other users and you agree to indemnify and hold 86 On The Rocks harmless for any improper or illegal use of your account. This includes illegal or improper use by someone to whom you have given permission to use your account. Your account is at risk if you let someone use it inappropriately. If your membership is terminated for violating this membership agreement, 86 On The Rocks’ express permission will be necessary before you are allowed to use 86 On The Rocks again.

 

2. CHARGES OCCURRED

There are no monthly charges to use the basic services of our website. 86 On The Rocks has other membership options, which have their own fees. You are not obligated to join any of these options. If you decide to enroll in a service by 86 On The Rocks, you are required to pay any fees for those services.

As the master account holder, you are responsible for all charges incurred, including applicable taxes and purchases made by you or anyone you allow to use your account. This means that, unless your account or credit card information is obtained unlawfully or fraudulently by someone other than those authorized to use your account, you will be responsible for all usage and purchases under such said account.

3. PRIVACY

Our Privacy Policy, which is enumerated below describes how we handle the information you provide to us when you use our Services. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by 86 On the Rocks and its affiliates.

Your Privacy Matters

86 on the Rocks mission is to connect the world’s professionals to allow them to be more productive and successful. Central to this mission is our commitment to be transparent with you about the data we collect about you and how it is used and shared.

By using our Services, you consent to our use of your data under this Privacy Policy.

Table of Contents For Privacy Section:

·         Introduction

·         Information We Collect

·         How We Use Your Data

·         How We Share Information

·         Your Choices & Obligations

·         Other Important Information

Introduction
We are a social and learning network and online platform. Our Privacy Policy applies to any Member or Visitor to the covered Services.

Data Controllers
You are entering into the User Agreement with 86 on the Rocks Corporation, who will be responsible for your personal data provided to, or collected by or for, our Services

Services
This Privacy Policy applies to 86 on the Rocks.com, and other 86 on the Rocks-related sites, communications and services (“Services”), including off-site Services, but excluding services that state that they are offered under a different privacy policy.

If you use our Services, you consent to this Privacy Policy.

Consent
If you use our Services, you consent to the collection, use and sharing of your personal data under this Privacy Policy and agree to the Terms of Service. 

If you use our Services after an update to this Privacy Policy, you consent to the changed policy.

Change
We may modify this Privacy Policy, and if we make material changes to it, we will provide notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. If you object to any changes, you may close your account. Your continued use of our Services after we publish or send a notice about our changes to this Privacy Policy means that you are consenting to the updated Privacy Policy.

1. Information We Collect

1.1 Information You Provide To Us
You provide data to create an account with us.

Registration
To create an account you provide data including your name, email address and/or mobile number, and a password. If you register for a premium Service, we ask you for payment (e.g., credit card) and billing information.

Profile
Please do not post or add personal data to your profile that you would not want to be publicly available.

Posting and Uploading
We collect personal data from you when you provide, post or upload it to our Services. 

1.2 Information From Others
Others may post or write about you.

Content and News
You and others may post content that includes information about you on our Services (as part of blog posts, feed updates and comments, videos).  

Customers and partners may also provide data to us.

Partners
We receive personal data about you when you use the services of our customers and partners, such as prospective employers and applicant tracking systems providing us job application data.

1.3 Service Use
We may log your visits and use of our Services.

1.4 Cookies, Web Beacons and Other Similar Technologies
We may collect data through cookies and similar technologies.

1.5 Messages
If you communicate through our Services, we learn about that.

We collect information about you when you send, receive, or engage with messages in connection with our Services. For example, if you get a 86 on the Rocks connection request, we track whether you have acted on it and will send you reminders. We may also use automatic scanning technology on messages.

1.6 Sites and Services of Others
We get data when you visit sites that include our plugins, ads or cookies or log-in to others’ services with your 86 on the Rocks account.

We receive information about your visits and interaction with services provided by others when you log-in with 86 on the Rocks or visit others’ services that include our plugins (such as “Share on 86 on the Rocks” or “Apply with 86 on the Rocks”), ads, cookies or similar technologies.

1.7 Other
We are improving our Services, which means we get new data and create new ways to use data.

Our Services are dynamic and we often introduce new features, which may require the collection of new information. If we collect materially different personal data or materially change how we use your data, we will notify you and may also modify this Privacy Policy.

2. How We Use Your Data
We use your data to provide, support, personalize and develop our Services.

How we use your personal data will depend on which Services you use, how you use those Services and the choices you make. We use the data that we have about you to provide, support, personalize and make our Services (including ads) more relevant and useful to you and others.

2.1 Services
Our Services help you connect with others, find and be found for work and business opportunities, stay informed, get training and be more productive.

We use your data to authenticate you and authorize access to our Services.

Stay Connected
Our Services allow you to stay in touch, in communication and up to date with colleagues, partners, clients, and other professional contacts. To do so, you will “connect” with the professionals who you choose, and who also wish to “connect” with you. When you connect, you will be able to search each others’ connections in order to exchange professional opportunities.

We will use data about you (such as profiles you have viewed or data provided through address book uploads or partner integrations) to suggest connections for you and others (e.g. Members who share your contacts) and enable you to invite others to become a Member and connect with you. It is your choice whether to invite someone to our Services, or allow another Member to become your connection. 

Stay Informed
Our Services allow you to stay informed about news, events and ideas regarding professional topics you care about, and from professionals you respect. Our Services also allow you to improve your professional skills, or learn new ones. We use the information about you to recommend relevant content across our Services, suggest skills you may have to add to your profile and skills that you might need to pursue your next opportunity. We may use your content, activity and other data, including your name and picture, to provide notices to your network and others. 

Productivity
Our Services allow you to collaborate with colleagues.

2.2 Communications
We may enable communications between members. 

2.3 Advertising
We serve you tailored ads both on and off of our Services. 

We may target (and measure the performance of) ads to Members, Visitors and others both on and off of our Services through a variety of ad networks and exchanges, using the following data, whether separately or combined:

·                     Data from advertising technologies on and off of our Services, like web beacons, pixels, ad tags, cookies, and device identifiers;

·                     Member-provided information (e.g., contact information, title and industry);

·                     Data from your use of our Services (e.g., search history, feed, content you read, who you follow or is following you, connections, groups participation, page visits, videos you watch, clicking on an ad, etc.), including as described in Section 1.3;

·                     Information from others (e.g. advertising partners, publishers and data aggregators);

·                     Information inferred from data described above (e.g., using job titles to infer age, industry, seniority, and compensation bracket; or names to infer gender).

We will show you ads called sponsored content which look like similar non-sponsored content, except that they are labeled ads or sponsored. If you take an action (such as like, comment or share) on these ads, your action is associated with your name and viewable by others, including the ad provider.

2.4 Marketing
We promote our Services to you and others.

We use data and content about Members for invitations and communications promoting membership and network growth, engagement and our Services.

2.5 Customer Support
We use data to help you and fix problems.

We use the data (which can include your communications) needed to investigate, respond to and resolve complaints and Service issues (e.g., bugs).

2.6 Aggregate Insights
We use data to generate aggregate insights.

We use your information to produce aggregate insights that do not identify you. For example we may use your data to generate statistics about our users, their profession or industry, the number of ad impressions served or clicked on, or the demographic distribution of visitors to a site.

2.7 Security and Investigations
We use data for security, fraud prevention and investigations.

We use your data (including your communications) if we think it’s necessary for security purposes or to investigate possible fraud or other violations of our User Agreement or this Privacy Policy and/or attempts to harm our Members or Visitors.

3. How We Share Information

3.1 Our Services
Any information you include on your profile and any content you post or social action (e.g. likes, follows, comments, shares) you take on our Services will be seen by others.

Profile
Your profile is fully visible to all Members and customers of our Services. 

Posts, Likes, Follows, Comments, Messages
Our Services allow viewing and sharing information including through posts, follows, likes and comments.

3.2 Service Providers
We may use others to help us with our Services.

We use others to help us provide our Services (e.g., maintenance, analysis, audit, payments, fraud detection, marketing and development). They will have access to your information as reasonably necessary to perform these tasks on our behalf and are obligated to not to disclose or use it for other purposes.

3.3 Legal Disclosures
We may need to share your data when we believe it’s required by law or to protect your and our rights and security.

It is possible that we will need to disclose information about you when required by law, subpoena, or other legal process or if we have a good faith belief that disclosure is reasonably necessary to (1) investigate, prevent, or take action regarding suspected or actual illegal activities or to assist government enforcement agencies; (2) enforce our agreements with you, (3) investigate and defend ourselves against any third-party claims or allegations, (4) protect the security or integrity of our Service (such as by sharing with companies facing similar threats); or (5) exercise or protect the rights and safety of 86 on the Rocks, our Members, personnel, or others. We attempt to notify Members about legal demands for their personal data when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority, but we do not promise to challenge every demand.

3.4 Change in Control or Sale
We may share your data when our business is sold to others, but it must continue to be used in accordance with this Privacy Policy.

We can also share your personal data as part of a sale, merger or change in control, or in preparation for any of these events. Any other entity which buys us or part of our business will have the right to continue to use your data, but only in the manner set out in this Privacy Policy unless you agree otherwise.

4. Your Choices & Obligations

4.1 Data Retention
We keep most of your personal data for as long as your account is open.

4.2 Rights to Access and Control Your Personal Data
You can access or delete your personal data. You have many choices about how your data is collected, used and shared.

We provide many choices about the collection, use and sharing of your data, from deleting or correcting data you include in your profile and controlling the visibility of your posts to communication controls. 

4.3 Account Closure
We keep some of your data even after you close your account.

If you choose to close your 86 on the Rocks account, your personal data will generally stop being visible to others on our Services within 7 days. We generally delete closed account information within 30 days of account closure, except as noted below.

We retain your personal data even after you have closed your account if reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, enforce our User Agreement, or fulfill your request to “unsubscribe” from further messages from us. We will retain de-personalized information after your account has been closed.

Information you have shared with others (e.g., through mail, updates or group posts) will remain visible after you closed your account or deleted the information from your own profile or mailbox, and we do not control data that other Members copied out of our Services. Your profile may continue to be displayed in the services of others (e.g., search engine results) until they refresh their cache.

5. Other Important Information

5.1. Security
We monitor for and try to prevent security breaches. 

We implement security safeguards designed to protect your data. We regularly monitor our systems for possible vulnerabilities and attacks. However, we cannot warrant the security of any information that you send us. There is no guarantee that data may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. 

5.2. Cross-Border Data Transfers
We may process data both inside and outside of the United States and cannot control the possible transfer of your exposed data across borders.

5.3. Contact Information
You can contact us or use other options to resolve any complaints.

If you have questions or complaints regarding this Policy, please first support@86ontheRocks.com.

4. CONTENT ON THE SERVICES
You are responsible for your use of the Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others.

Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content.

By content, we mean texts, software, communications, images, sounds and other information provided online. Most content on any of the 86 On The Rocks is provided by 86 On The Rocks, its' members, our affiliates, or content providers under license. Again, 86 On The Rocks does not pre-screen content available on any of the 86 On The Rocks services.

86 On The Rocks does not assume any responsibility or liability for content that is provided by others. 86 On The Rocks does reserve the right to remove content that, in 86 On The Rocks’ judgment, does not meet its' standards or does not comply with 86 On The Rocks current guidelines, but 86 On The Rocks is not responsible for any failure or delay in removing such material. Keep in mind that 86 On The Rocks is not responsible for content available on the Internet, although we reserve the right to block access to any Internet area containing illegal, harmful content or otherwise being used for purposes that are unlawful or injurious to 86 On The Rocks or its' members.

86 ON THE ROCKS RESERVES THE RIGHT TO REMOVE CONTENT FOR ANY REASON.

Members can generate content in blogs, message area, member profiles, web pages, etc. It is essential that this kind of content also reflects our community standards, and we may remove it if, in our best judgment, it does not meet those standards. When we do, you may receive a warning about the violation of 86 On The Rocks standards if your account was responsible for putting the objectionable content online. If it's a serious offense or you've violated our rules before, we may terminate your account. 

86 On The Rocks applies the same standards to its' own and its' partners content that it applies to member content. Remember that our community standards vary from community to community. Some chat rooms may use stronger language than others. So while the guidelines may vary a bit depending on the online site you enter, in general, these guidelines apply:

1.       Language: Strong vulgar language, crude sexual references, hate speech, etc. is not allowed in our servers. If you see it, report it to support@86OnTheRocks.com.

2.       Nudity: Nudity is NOT permitted on certain forums on the 86 On The Rocks servers.

3.       Depictions of CHILD PORNOGRAPHY, ANIMALISM, RAPE AND ANY OTHER SUCH ACTS ARE STRICTLY FORBIDDEN. If you see it, report it to support@86OnTheRocks.com.

4.       Violence and Drug Abuse: Graphic images of humans being killed, blood and gore, gratuitous violence, etc., are not acceptable. Discussions about or depictions of illegal drug abuse or imply it is acceptable are STRICTLY FORBIDDEN. If you see it, report it to support@86OnTheRocks.com.

Proper Online Conduct

Online conduct should be guided by common sense and basic etiquette. You will be considered in violation of this agreement if you do any of the following:

1.       Post, transmit, promote, or distribute content that is illegal.

2.       Harass, threaten, embarrass, or do anything else to another member that is unwanted. This means: don't say slander them, don't keep sending them unwanted messages, don't attack their race, heritage, etc. If you disagree with someone, respond to the subject, not the person. WE WILL NOT TOLERATE BULLYING. PERIOD.

3.       NO POLITICAL DISCUSSION.  We are a site of love, light and blessings. While your political opinion is important to you (which it should be), there are other forums on other site where this would be more suited. You posts or comment will be deleted and re-read the above rule.

4.       Transmit or facilitate distribution of content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, or in a reasonable person's view, objectionable. Our online community standards may vary, but there is no place on the service where hate speech is tolerated.

5.       Disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, etc. This is online vandalism, and it ruins the experience for others.

6.       Pretend to be anyone whom you are not. You may not impersonate another member (including celebrities), a 86 On The Rocks employee, or an affiliate.

7.       Attempt to get a password, other account information, or other private information from a member. Because a member's account is that person's online existence and persona, it is sacrosanct.

Illegal Behavior

Obey the rules wherever you are on the 86 On The Rocks site. This includes any rules formulated by 86 On The Rocks as well as all state, local, federal or international laws which apply. Ignorance of the law is no excuse. "Netiquette" is used all over the Internet and demanded on 86 On the Rocks site.  

We have zero tolerance for illegal behavior on the site. We terminate accounts and will report to, and cooperate with, law enforcement on such matters.

In addition to providing you with an easy way to report illegal activity, our partners or we may in some instances monitor public areas. Regardless of the 86 On The Rocks service that you use, 86 On The Rocks may be used only for lawful purposes.

86 On the Rocks respects the intellectual property rights of others and expects users of the Services to do the same. We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us as soon as practicable. If you believe that your Content has been copied in a way that constitutes copyright infringement, please report this by contacting us at:

 

86 On the Rocks, Inc.
Attn: Copyright Agent
Allentown, PA 18104

Your Rights

You retain your rights to any Content you submit, post or display on or through the Services. What’s yours is yours — you own your Content (and your photos and videos are part of the Content).

By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). This license authorizes us to make your Content available to the rest of the world and to let others do the same. You agree that this license includes the right for 86 On the Rocks to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by 86 On the Rocks, or other companies, organizations or individuals, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.

86 On the Rocks has an evolving set of rules for how ecosystem partners can interact with your Content on the Services. These rules exist to enable an open ecosystem with your rights in mind. You understand that we may modify or adapt your Content as it is distributed, syndicated, published, or broadcast by us and our partners and/or make changes to your Content in order to adapt the Content to different media. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

5. USING THE SERVICES
Please review the 86 On the Rocks Rules, which are part of the User Agreement and outline what is prohibited on the Services. You may use the Services only in compliance with these Terms and all applicable laws, rules and regulations.

Our Services evolve constantly. As such, the Services may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the Services or any features within the Services to you or to users generally. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any Content on the Services, suspend or terminate users, and reclaim usernames without liability to you.

In consideration for 86 On the Rocks granting you access to and use of the Services, you agree that 86 On the Rocks and its third-party providers and partners may place advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others. 

You also agree not to misuse our Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide. You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, 86 On the Rocks’ computer systems, or the technical delivery systems of 86 On the Rocks providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by 86 On the Rocks (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with 86 On the Rocks. (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of 86 On the Rocks is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of 86 On the Rocks, its users and the public. 86 On the Rocks does not disclose personally identifying information to third parties except in accordance with our Privacy Policy.

If you want to reproduce, modify, create derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Services or Content on the Services, you must use the interfaces and instructions we provide, except as permitted through the 86 On the Rocks Services, these Terms.

If you use advertising features of the Services, you must contact us first at support@86OnTheRocks.com.

Your Account

You may need to create an account to use some of our Services. You are responsible for safeguarding your account, so use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

You can control most communications from the Services. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not be able to opt-out from receiving them. If you added your phone number to your account and you later change or deactivate that phone number, you must update your account information to help prevent us from communicating with anyone who acquires your old number.

Your License to Use the Services

86 On the Rocks gives you a personal, worldwide, royalty-free, non-assignable and nonexclusive license to use the software provided to you as part of the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by 86 On the Rocks, in the manner permitted by these Terms.

The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the 86 On the Rocks name or any of the 86 On the Rocks trademarks, logos, domain names, and other distinctive brand features. All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of 86 On the Rocks and its licensors. Any feedback, comments, or suggestions you may provide regarding 86 On the Rocks, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Ending These Terms

You may end your legal agreement with 86 On the Rocks at any time by deactivating your accounts and discontinuing your use of the Services by sending e-mail to support@86OnTheRocks.com. Cancellation will take effect within 72 hours of receipt of your request, and 86 On The Rocks will send you written confirmation. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.

In the event that your account is terminated or canceled, no refund will be granted; no online time or other credits' will be credited to you or can be converted to cash or other form of reimbursement. Active 86 On The Rocks members may not allow former members or other agents whose memberships have been terminated to use their accounts.

We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or any Rules that  86 On the Rocks may propagate  (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to prolonged inactivity; or (iv) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: II, III, V, and VI.

6.   JOB SITE TOOLS OF 86 ON THE ROCKS
This page state the terms of Use (“TERMS”) under which you (“YOU”) may use the job site section of 86 On The Rocks.

I. Additional Terms Applicable to Employers.

Employers are solely responsible for their postings on 86 On The Rocks Sites. 86 On The Rocks is not to be considered to be an employer with respect to your use of any 86 On The Rocks Site and 86 On The Rocks shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any 86 On The Rocks Site.

You understand and acknowledge that if You cancel Your employer account or Your employer account is terminated, all Your account information from 86 On The Rocks including saved resumes, network contacts, and email mailing lists, will be marked as deleted in and may be deleted from 86 On The Rocks' databases. Information may continue to be available for some period of time because of delays in propagating such deletion through 86 On The Rocks’ web servers.

In order to protect our 86 On The Rocks Users from commercial advertising or solicitation, 86 On The Rocks reserves the right to restrict the number of e-mails which an employer may send to Users to a number which 86 On The Rocks deems appropriate in its sole discretion. You shall use the 86 On The Rocks Networking and Profiles in accordance with all applicable privacy and data protection laws.

Job Postings
A Job posting may not contain:

(a) any hyperlinks, other than those specifically authorized by 86 On The Rocks;

(b) misleading, unreadable, or "hidden" keywords, repeated keywords or keywords that are irrelevant to the job opportunity being presented, as determined in 86 On The Rocks reasonable discretion;

(c) the names, logos or trademarks of unaffiliated companies other than those of your customer save where expressly agreed by 86 On The Rocks;

(d) the names of colleges, cities, states, towns or countries that is unrelated to the posting;

(e) more than one job or job description, more than one location, or more than one job category, unless the product so allows;

(f) inaccurate, false, or misleading information; and

(g) material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18.

You may not use Your 86 On The Rocks job posting, 86 On The Rocks Networking, or Profiles to:

(a) post jobs in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;

(b) post jobs that require citizenship of any particular country or lawful permanent residence in a country as a condition of employment, unless otherwise required in order to comply with law, regulations, executive order, or federal, state or local government contract;

(c) post jobs that include any screening requirement or criterion in connection with a job posting where such requirement or criterion is not an actual and legal requirement of the posted job;

(d) with respect to Profiles, determine a consumer's eligibility for: (i) credit or insurance for person, family, or household purposes; (ii) employment; or (iii) a government license of benefit. 

(e) post jobs or other advertisements for competitors of 86 On The Rocks or post jobs or other content that contains links to any site competitive with 86 On The Rocks;

(f) sell, promote or advertise products or services;

(g) post any franchise, pyramid scheme, "club membership", distributorship, multi-level marketing opportunity, or sales representative agency arrangement;

(h) post any business opportunity that requires an upfront or periodic payment or requires recruitment of other members, sub-distributors or sub-agents;

(i) post any business opportunity that pays commission only unless the posting clearly states that the available job pays commission only and clearly describes the product or service that the job seeker would be selling;

(j) promote any opportunity that does not represent bona fide employment which is generally indicated by the employer’s use of IRS forms W-2 or 1099;

(k) post jobs on any 86 On The Rocks Site for modeling, acting, talent or entertainment agencies or talent scouting positions;

(l) advertise sexual services or seek employees for jobs of a sexual nature;

(m) request the use of human body parts or the donation of human parts, including, without limitation, reproductive services such as egg donation and surrogacy;

(n) endorse a particular political party, political agenda, political position or issue;

(o) promote a particular religion;

(p) except where allowed by applicable law, post jobs which require the applicant to provide information relating to his/her (i) racial or ethnic origin (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union (v) physical or mental health (vi) sexual life (vii) the commission of criminal offences or proceedings or (vii) age.

86 On The Rocks reserves the right to remove any job posting or content from any 86 On The Rocks Site, which in the reasonable exercise of 86 On The Rocks’ discretion, does not comply with the above Terms, or if any content is posted that 86 On The Rocks believes is not in the best interest of 86 On The Rocks.

If at any time during Your use of the 86 On The Rocks  Services, You made a misrepresentation of fact to 86 On The Rocks or otherwise misled 86 On The Rocks  in regards to the nature of Your business activities, 86 On The Rocks will have grounds to terminate Your use of the 86 On The Rocks Services.

In order to ensure a safe and effective experience for all of our customers, 86 On The Rocks  reserves the right to limit the amount of data (including resume views) that may be accessed by You in any given time period. These limits may be amended in 86 On The Rocks’ sole discretion from time to time.

II. Additional Terms Applicable To Job Seekers.

When You register with any 86 On The Rocks site, You will be asked to create an account and provide 86 On The Rocks with certain information including, without limitation, a valid email address (Your "Information").

Any Profile You submit must be accurate and describe You, an individual person. The Profile requires standard fields to be completed and you may not include in these fields any telephone numbers, street addresses, email addresses or other means of contacting You, other than Your last name and URLs.

You acknowledge and agree that You are solely responsible for the form, content and accuracy of any resume or material contained therein placed by You on the 86 On The Rocks Sites.

86 On The Rocks reserves the right to offer third party services and products to You based on the preferences that You identify in Your registration and at any time thereafter or you have agreed to receive, such offers may be made by 86 On The Rocks or by third parties. Please see 86 On The Rocks’ Privacy Policy, for further details regarding Your Information.

You understand and acknowledge that You have no ownership rights in Your account and that if You cancel Your 86 On The Rocks account or Your 86 On The Rocks account is terminated, all Your account information from 86 On The Rocks, including resumes, Profiles, cover letters, saved jobs, questionnaires will be marked as deleted in and may be deleted from 86 On The Rocks databases and will be removed from any public area of the 86 On The Rocks Sites. Information may continue to be available for some period of time because of delays in propagating such deletion through 86 On The Rocks’ web servers. In addition, third parties may retain saved copies of Your Information.

86 On The Rocks reserves the right to delete Your account and all of Your Information after a significant duration of inactivity.

III. 86 On The Rocks' Liability.

The 86 On The Rocks Sites act as, among other things, venues for (i) employers to post job opportunities and search for and evaluate job candidates and (ii) candidates to post resumes and Profiles and search for and evaluate job opportunities. 86 On The Rocks does not screen or censor the listings, including Profiles offered. 86 On The Rocks is not involved in, and does not control, the actual transaction between employers and candidates. As a result, 86 On The Rocks is not responsible for User Content, the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings and 86 On The Rocks makes no representations about any jobs, resumes or User Content on the 86 On The Rocks Sites. While 86 On The Rocks reserves the right in its sole discretion to remove User Content, job postings, resumes or other material from the 86 On The Rocks Sites from time to time, 86 On The Rocks does not assume any obligation to do so and to the extent permitted by law, disclaims any liability for failing to take any such action.

86 On The Rocks Networking provides a venue for individuals to network for professional and personal purposes and 86 On The Rocks does not screen or censor the Profiles or User Content on the 86 On The Rocks Sites. 86 On The Rocks is not involved in the actual communications between Users. As a result, 86 On The Rocks has no control over the accuracy, reliability, completeness, or timeliness of the Profiles or User Content submitted on the 86 On The Rocks Sites and makes no representations about any Profile or User Content on the 86 On The Rocks Sites.

Note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom You come in contact through the 86 On The Rocks Sites. By its very nature other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using the 86 On The Rocks Sites.

Because User authentication on the Internet is difficult, 86 On The Rocks cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on any 86 On The Rocks Site, in the event that You have a dispute with one or more Users, You release 86 On The Rocks  (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes to the fullest extent permitted by law.

The 86 On The Rocks Sites and the 86 On The Rocks Content may contain inaccuracies or typographical errors. 86 On The Rocks makes no representations about the accuracy, reliability, completeness, or timeliness of any 86 On The Rocks Site or the 86 On The Rocks Content. The use of all 86 On The Rocks Sites and the 86 On The Rocks Content is at Your own risk. Changes are periodically made to 86 On The Rocks Sites and may be made at any time. 86 On The Rocks cannot guarantee and does not promise any specific results from use of any 86 On The Rocks Site. No advice or information, whether oral or written, obtained by a User from 86 On The Rocks or through or from any 86 On The Rocks Site shall create any warranty not expressly stated herein.

If You are a California resident, You waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

86 On The Rocks encourages You to keep a back-up copy of any of Your User Content. To the extent permitted by law, in no event shall 86 On The Rocks be liable for the deletion, loss, or unauthorized modification of any User Content.

86 On The Rocks does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through any 86 On The Rocks Site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of such third party products or services, under the terms agreed to by the provider.

If You believe that something on the Site violates these Terms please contact our designated agent set forth in Section 6 above.

If notified of any content or other materials which allegedly do not conform to these Terms, 86 On The Rocks may in its sole discretion investigate the allegation and determine whether to remove or request the removal of the content. 86 On The Rocks has no liability or responsibility to Users for performance or nonperformance of such activities.

7.  DISCLAIMERS AND LIMITATIONS OF LIABILITY

The Services are Available “AS-IS”

Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. The “86 On the Rocks Entities” refers to 86 On the Rocks, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE 86 ON THE ROCKS ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The 86 On the Rocks Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error free basis. No advice or information, whether oral or written, obtained from the 86 On the Rocks Entities or through the Services, will create any warranty or representation not expressly made herein.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE 86 ON THE ROCKS ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES,

INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE 86 ON THE ROCKS ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID 86 ON THE ROCKS, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE 86 ON THE ROCKS ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

INDEMNIFICATION

Upon a request by 86 On The Rocks, you agree to defend, indemnify and hold harmless 86 On The Rocks and its' affiliated subsidiaries, employees, contractors, officers, directors, telecommunications providers and content providers from all liabilities, claims and expenses, including attorney’s fees, that arise from a breach of this membership agreement for which you are responsible or from the use of 86 On The Rocks or in connection with your transmission of any Content on 86 On The Rocks.

As a member of 86 On The Rocks you agree to indemnify 86 On The Rocks and any defense costs and agree that 86 On The Rocks has exclusive control of any matters involving its defending itself against any claim made against it due to members breach.

8. GENERAL

We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms, which will always be at http://www.86OnTheRocks.com/Terms.aspx, will govern our relationship with you. We will try to notify you of material revisions, for example via a service notification or an email to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.  The laws of the Commonwealth of Pennsylvania, excluding its choice of law provisions, will govern these Terms and any dispute that arises between you and 86 On the Rocks. All disputes related to these Terms or the Services will be brought solely in the federal or state courts located in Lehigh County, Pennsylvania, United States, and you consent to personal jurisdiction and waive any objection as to inconvenient forum.

If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the Commonwealth of Pennsylvania (excluding choice of law).

In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. 86 On the Rocks failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

These Terms are an agreement between you and 86 On the Rocks, Inc., Allentown, PA 18104, U.S.A. If you have any questions about these Terms, please contact us.

Effective: September 30, 2017
Terms of Service

REMEMBER: 86 ON THE ROCKS OR ANY OF IT’S' EMPLOYEES WILL NEVER ASK FOR YOUR PASSWORD. DON'T GIVE YOUR PASSWORD TO ANYONE.