Terms of Service

McKuBa LLC | Terms of Service
for www.happytechies.com

Effective Date: Friday, June 21st, 2024

1. Agreement to Terms
By accessing and/or using McKuBa’s (the Company, also “we”, “us”, and “our”) offerings, including those offered by it’s Happy Techies brand online at www.happytechies.com (the "Site"), you (the "User") agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree to all the terms and conditions, then you may not access the Site or use any of our services. We reserve the right to revise and update these Terms at our sole discretion. All such changes take effect immediately upon being publicly posted on the Site.

2. Services Provided
McKuBa’s www.happytechies.com is an online platform dedicated to connecting job seekers with employment opportunities related to curated Microsoft technologies and enabling employers to post job listings and find suitable candidates.
Our Site’s services include:

• Job Listings: Employers can post job listings, and job seekers/users can browse and apply for jobs posted directly on our Site or that were originally posted on 3rd party sites.
• Company Profiles: We host profiles of companies, primarily Microsoft partners, to help users gain insights and connect with potential employers.
• Content: We plan to offer relevant and timely content applicable to Microsoft technologies, among other things, to enable career development for users.
• Messaging Services: A future feature will allow users to communicate directly through our messaging platform.
• Mentorship Programs: We plan to offer mentorship opportunities to our users through third-party providers.
• Community Forums: A future feature will allow users the ability to engage in discussions and network within our community sections.

Please note Section 16 below of this agreement, which states that the Company and it’s Site have no affiliation with Microsoft Corporation.

2.1 Service Availability

• The Company strives to maintain reasonable uptime for services. Scheduled maintenance will be communicated in advance, and technical issues will be addressed promptly.
• Users can report technical issues through designated channels, and the Company will endeavor to resolve them within reasonable timeframes.

2.2 Mobile and Application Use

• Mobile App Terms: Users of the Company’s mobile applications agree to terms specific to app use, including updates, compatibility, and adherence to platform rules.

2.3 AI Features

• AI-Generated Content

  • Informational Use: AI-generated content, recommendations, or insights provided by the Site are for informational purposes only and do not constitute professional advice.
  • Accuracy Disclaimer: While efforts are made to ensure accuracy and reliability, AI-generated content may contain inaccuracies or errors. Users are encouraged to independently verify information.
• User Consent

  • Data Usage Consent: By using AI-powered features or services on the Site, users consent to the collection, processing, and use of their data by AI algorithms to personalize their experience and improve service offerings.
• Data Privacy and AI

  • Data Handling: The Site outlines how user data is collected, processed, and utilized by AI algorithms. This includes types of data collected (e.g., browsing behavior, preferences), purposes (e.g., personalization, analytics), and security measures in place to protect user data.

2.4 Beta Services

• Beta Features: Users participating in beta services acknowledge that such features are experimental. The Site may modify or discontinue beta features at any time without notice.

3. Responsibilities
3.1 Account Registration
To access certain features of our services, you may need to register for an account. You can create an account by providing your email address and creating a password, or by using your Google account. By registering, you agree to:

• Provide accurate, current, and complete information.
• Maintain and promptly update your account information.
• Keep your password secure and confidential.

Notify us immediately of any unauthorized use of your account.

3.2 Use of Services
You agree to use our services for lawful purposes only and in a manner consistent with all applicable laws and regulations. You agree not to:

• Use the Site for any illegal or unauthorized purpose.
• Post, transmit, or share content that is harmful, offensive, defamatory, or otherwise objectionable.
• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

Engage in spamming, phishing, or other fraudulent or misleading activities.

3.3 Prohibited Activities
You are prohibited from:

• Using any automated system to access the Site without the Company’s prior written permission.
• Interfering with or disrupting the Site, servers, or networks connected to the Site.
• Collecting or harvesting any personally identifiable information (PII) from the Site without express permission.
• Using the Site to advertise or solicit any products or services without the Company’s prior written consent.

3.4 User-Generated Content

• Users must adhere to guidelines when submitting content, ensuring it does not violate terms or legal standards.
• The Company reserves the right to remove or modify user-generated content that violates guidelines or poses legal risks.

3.5 User Conduct

• Users must adhere to a code of conduct governing behavior on the platform, including guidelines for respectful communication, non-discrimination, and appropriate use of messaging services and community forums.

4. Content
4.1 Your Content
You retain ownership of any content you submit, post, or display on or through our Site ("your content"). By submitting your content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, distribute, and display your content in connection with our Site and services.

4.2 Third-Party Content
The Company does not endorse or assume any responsibility for third-party content posted on our Site. This includes job listings from employers, resumes from job seekers, and content including blogs, webcasts, etc.. If you encounter any content that violates these Terms, please report it to us.
Use of third-party services or integrations within the Site is subject to respective third-party terms and user responsibilities. The Company is not liable for third-party content or services.

5. Intellectual Property
All content on the Site, including text, graphics, logos, images, and software, is the property of the Company or its content suppliers and is protected by copyright, trademark, and other intellectual property laws, wherever applicable. You may not use, reproduce, modify, or distribute any content from our Site without our express written permission.

6. Fees and Payments
6.1 Job Seekers
Basic features of our site are available to job seekers free of charge. We also offer premium services, which require a subscription fee. Fees for premium services will be clearly indicated at the point of purchase.

6.2 Employers
Employers can post job listings and access other premium features for a fee. Subscription plans and other fees are non-refundable unless otherwise stated. We reserve the right to change our fee structure at any time, with notice provided in advance.

6.3 Billing Information
When you provide credit card information or other billing information, you represent and warrant that the information is accurate and that you are authorized to use the payment method provided. You agree to promptly update your account with any changes to your billing information. All transactions are processed through a secure gateway provider and are not stored or processed on our servers.

7. Advertising
The Site may include advertisements and promotions from third parties. Your business dealings or correspondence with, or participation in promotions of, advertisers other than the Site, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.
The Company reserves the right to display advertisements on the Site. Advertisements are subject to guidelines regarding content, placement, and user data use for ad targeting.

8. Confidentiality
You agree to keep confidential all information gained from using our Site about other users, including employers and job seekers, and not to disclose such information to any third party without the prior written consent of the relevant party(ies).

9. Termination
We reserve the right to suspend or terminate your access to our services, without notice, for any reason, including:

• Accounts may be suspended or terminated if users violate the Terms of Service, engage in fraudulent activities, or fail to comply with payment obligations.
• Users may appeal account suspensions or terminations by contacting the Site’s support team. Appeals will be reviewed in a timely fashion, and final decisions communicated to users.

10. Disclaimers and Limitation of Liability
10.1 No Warranty
Our Company’s services are provided "as is" and "as available" without any warranties, express or implied. We do not warrant that our services will be uninterrupted, error-free, or free from viruses or other harmful components.
10.2 Limitation of Liability
To the fullest extent permitted by law, the Company and its affiliates, officers, employees, agents, and partners 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, goodwill, or other intangible losses, resulting from (i) your use or inability to use our services; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from our services; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our services by any third party; or (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the services.

11. Indemnification
You agree to indemnify and hold harmless the Company, its affiliates, officers, employees, agents, and partners from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of our services, your violation of these Terms, or your content.

12. Governing Law (Review)
These Terms are governed by and construed in accordance with the laws of the United States and the State of Texas, without regard to its conflict of law principles. You agree to submit to the personal and exclusive jurisdiction of the courts located in Dallas, Texas to resolve any dispute or claim arising from these Terms or your use of our services.

12.1 Legal Compliance

• Users agree to comply with all applicable local, state, national, and international laws while using the Site, including those related to data privacy, intellectual property, and online conduct.

12.2 International Use

• Users outside the U.S. agree to comply with local laws and regulations applicable to their use of the Site. International users' data may be transferred and processed in the U.S. or other countries in accordance with the Privacy Policy.

13. Dispute Resolution
13.1 Informal Resolution
Before filing any claim against the Company, you agree to try to resolve the dispute informally by contacting us at info@happytechies.com. We will attempt to resolve the dispute informally and in a timely manner by contacting you via email. If a dispute is not resolved within 30 days of our initial email response, either party may bring formal proceedings.
13.2 Dispute Resolution
Disputes arising with regard to the Site's services will be resolved through mediation or arbitration in Dallas, Texas in accordance with the rules of the American Arbitration Association. The arbitration will be conducted in Dallas, Texas, unless you and the Company mutually agree to an alternate location. Users may also choose a small claims court in Dallas, Texas, if eligible.

14. Changes to These Terms
We may update these Terms from time to time. We will notify you of any changes by posting the new Terms on our website. You are advised to review these Terms periodically for any changes. Changes to these Terms are effective when they are posted on this page.

15. Miscellaneous
15.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Company regarding the use of our services, and supersede any prior agreements (if any) between you and the Company relating to your use of our services.
15.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.15.4 AssignmentYou may not assign or transfer these Terms, by operation of law or otherwise, without the Company’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. The Company may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.15.5 SurvivalProvisions that, by their nature, should survive termination of these Terms shall survive, including but not limited to, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

16. Disclaimer
The Site is an independent platform and is not affiliated, associated, authorized, endorsed by, or in any way officially connected with Microsoft Corporation or any of its subsidiaries or affiliates. The names Microsoft, as well as related names, marks, emblems, and images, are registered trademarks of their respective owners.

17. Contact Us
If you have any questions about these Terms, please contact us at:

• Email: Info@happytechies.com