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
3. CHARGES OCCURRED
4. CONTENT ON THE
5. USING THE SERVICES
6. JOB SITE TOOLS OF
86 ON THE ROCKS
7. DISCLAIMERS AND LIMITATIONS OF LIABILITY
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.
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
By using our Services, you consent to our use of your data
Table of Contents For
Information We Collect
How We Use Your Data
How We Share Information
Your Choices & Obligations
Other Important Information
We are a social and learning network and online platform. Our Privacy
Policy applies to any Member or Visitor to the covered Services.
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
the Rocks.com, and other 86 on the
Rocks-related sites, communications and services (“Services”), including off-site Services, but excluding services
If you use our Services, you
If you use our Services, you consent to the collection, use and sharing of
If you use our Services after an
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
1. Information We Collect
1.1 Information You Provide To Us
You provide data to create an account with us.
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.
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
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.
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.
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
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.
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
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.
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.
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.
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.
Our Services allow you to collaborate with colleagues.
We may enable communications between members.
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
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.
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
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.
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
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
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
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
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
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
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:
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.
Nudity: Nudity is NOT permitted on certain
forums on the 86 On The Rocks
Depictions of CHILD PORNOGRAPHY, ANIMALISM, RAPE
AND ANY OTHER SUCH ACTS ARE STRICTLY FORBIDDEN. If you see it, report it to support@86OnTheRocks.com.
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:
Post, transmit, promote, or distribute content
that is illegal.
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.
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.
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
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.
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.
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.
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
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
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
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
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.
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
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
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’
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.
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
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
(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
(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
(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
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
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'
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
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.
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.
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.
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.