THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE SERVICES, TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THE DISPUTES/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. DO NOT ACCESS OR USE ANY OF THE SERVICES IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY.
Certain features of the Services may also have their own specific terms and conditions that you agree to when you sign up for that particular product, function, or service (“Specific Terms of Service”). A Specific Terms of Service supplements this Agreement, but if any term of this Agreement expressly conflicts with any term of a Specific Terms
of Service, the conflicting term in the Specific Terms of Service will control but only with respect to the applicable product, function or service. All other terms and conditions in both this Agreement and the Specific Terms of Service will remain in force.
Types of Users:
The word “you” as used in this agreement will apply to visitors who browse loophire websites and individuals who access and use the Services on their own behalf and/or on behalf of an entity.
USE OF THE SERVICES
You must be at least eighteen (18) years of age or the age of majority in the jurisdiction in which you reside so that you can form a binding contract with loophire.
When using specific Services, we may ask for your consent to contact you by telephone. By granting such consent, you authorize loophire to contact you by telephone at the number(s) you have provided, and acknowledge that loophire may do so using an automatic telephone dialing system or an artificial or prerecorded voice. You may revoke consent to be contacted by telephone by emailing email@example.com and including the wording “Revocation of Telephone Consent” in the subject line. Consent to being contacted by telephone is not required as a condition of using the Services or of purchasing any other property, goods, or services from loophire.
You agree that we may, but are not obligated to, monitor or record any of your telephone conversations with us for quality control purposes, for purposes of training our employees and for our own protection. You further agree that any Account Users or anyone else you authorize to use your account consents to such monitoring or recording as well. You acknowledge that not all telephone lines or calls are recorded by us and that we do not guarantee that recordings of any particular telephone calls will be retained or are capable of being retrieved.
By providing loophire your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you have consented to receive email job alerts, we will send you job alerts until you opt-out of such alerts.
If you do not want to receive such email messages, you may opt out by contacting firstname.lastname@example.org. Note: Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
By being matched to a Job on the Services, you give us permission to store your information on the Services and to share your information (including your Loophire employment profile), with the entity that posted the Job Advertisement.
By using the Services, you acknowledge that we do not have control over the quality, accuracy, completeness, veracity or legality of content provided by third parties. In addition, you acknowledge that we do not have control over the integrity, responsibility or actions of Job Seekers or Clients.
The information in this section applies to all User accounts. You may control your profile information and how you interact with the Services by changing the settings in your Settings page. When creating your account or uploading information to the Services through your account, you represent and warrant that you will provide accurate and complete information. You are solely responsible for the activity that occurs under your account. All Users must keep their account passwords secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lowercase letters, numbers and symbols) with your account. You must notify Loophire immediately of any breach of security or unauthorized use of your account.
Loophire will not be liable for any losses caused by any unauthorized use of your account.
Users have no ownership rights in their accounts and in the event that your account is terminated by you or us, the contents of your account may not be available. Loophire reserves the right to delete a User Account in the event of any inactivity.
If you access the Services through a social networking site, you agree that loophire can access, store, and make available on the Services, any information and data that you provide in your applicable social networking site account such that the same information is available in your loophire account. You agree that we are not liable for any personal information that is made available to us in violation of your privacy settings with the applicable social networking site.
Loophire may suspend or terminate your account and/or your access to the Services, or any portion of the Services at any time without notice to you, if we believe that you have violated the terms of this Agreement. Upon any such termination, all the provisions of this Agreement shall continue to survive except for any provisions that grant you access to any of the Services. You agree that we will have no liability to you for any termination or suspension of your access to the Services or your account, or the deletion of information contained within such account.
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to the Loophire servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Loophire grants the operators of public search engines revocable permission to use spiders to copy materials from Loophire.com for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited communications; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Services; (vii) collecting or harvesting any personally identifiable information from the Services, except as expressly permitted by certain features of the Services; (viii) using the Services for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Services;
We may, without prior notice, change any aspect of the Services; stop providing the Services or features of the Services; or create usage limits for the Services (for paid products and services). We may permanently or temporarily limit, condition, terminate or suspend your access to the Services or any features thereof, without notice and liability for any reason, including if in our sole determination you breach or violate any provision of this Agreement, commit fraud or other abuse using the Services, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
You are solely responsible for your interactions with other Loophire Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Loophire shall have no liability for your interactions with other Users, or for any User’s action or inaction. Loophire shall have no obligation to you to enforce this Agreement against any other User.
If you have questions about the Services or your Account, please email us at email@example.com.
USER CONTENT AND USERS
The Services may allow Users to post and/or provide content that may be viewable by other Users, including, but not limited to, Job Advertisements, company information, a job seeker’s employment profile information, content of messages, work history,, logos, trademarks, comments, questions, and other content or information (“User Content”).
User Content is the sole responsibility of the person or entity that provided the User Content. You shall be solely responsible for your User Content and the consequences of posting, providing or publishing it.
The following list is intended to be illustrative of the types of User Content that is prohibited, but is not an exhaustive list: You agree not to post or provide User Content that (i) may create a risk of harm to any person or property; (ii) provides instructional information about illegal activities; (iii) involves the transmission of junk or unsolicited mail or other communications, ‘phishing’ or ‘scamming’; (iv) provides links to material that is illegal or offensive, or targets or solicits personal information from, anyone under the age of 18; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) contains any information or content that is false or misleading; or (ix) violates the Intellectual Property Rights (as defined below) or rights of privacy of any third party. For the purposes of this Agreement, “Intellectual Property Rights” means patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. If you are a Client providing or submitting Job Advertisements, you further agree that such content will not contain any personally identifiable information.
You agree that Loophire makes no representations, warranties, promises or guarantees regarding any content provided or generated by third parties, including, without limitation, the content of messages and Job Advertisements. You further agree that Loophire acts as a passive conduit for the distribution, provision, and publication of User
Content, and has no obligation to screen or verify the accuracy, legality, legitimacy, truthfulness, or completeness of User Content, and accordingly, you accept that Loophire is not responsible and has no liability, for User Content. You understand that you may be exposed to User Content that is inaccurate, incomplete, illegal, misleading, false, offensive, constitutes spam, or is otherwise unsuited to your purpose, and you accept that it is your responsibility to verify the quality, accuracy, truthfulness, legality or reliability of User Content, including, without limitation, employment profiles and Job Advertisements and content of messages. Your reliance on any User Content is at your own risk.
Notwithstanding the foregoing, although Loophire has no obligation to screen User Content, to the extent that Loophire becomes or is made aware of, User Content that may or does (i) violate the terms of this Agreement or any other Agreement you have with Loophire, or (ii) violate any law or regulation, or (iii) violate the rights of third parties, or (iv) create liability for Loophire or otherwise negatively impact Loophire, Loophire reserves the right to reject and/or remove such User Content, and suspend and/or terminate any User Account associated with such User Content.
Please note Section 230 of the U.S. Communications Decency Act (“CDA”) (and the equivalent or similar laws in your jurisdiction), which are intended to exclude or limit the liability of online service providers such as Loophire, which provide or make available access to third-party user generated content (see § 230 (c)(1) which states: No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider).
The decision by Loophire to remove or not post or distribute any User Content, does not by itself amount to participation in the creation of such User Content and accordingly, does not constitute a waiver of the immunity afforded by the CDA. Additionally, § 230 (c)(2) of the CDA specifically provides: “No provider or user of an interactive computer service shall be held liable on account of (A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable whether or not such material is constitutionally protected…..”
You understand and agree that Loophire does not, and cannot, confirm that each User is who he/she/they claim to be. We are not responsible for authenticating Users and therefore it is your responsibility to conduct the appropriate due diligence before communicating or interacting with other Users, including, without limitation, Job Seekers, employers, staffing agencies, and recruiters. You assume all risks associated with Users with whom you come into contact. If you have any disputes or issues with any User you agree to pursue any remedies directly with the applicable User and you release Loophire, its subsidiaries, and their respective employees, directors and agents from all claims, demands and damages of every kind (actual and consequential and direct and indirect) known and unknown, suspected and unsuspected, disclosed and undisclosed, to the fullest extent permitted by law.
Loophire reserves the right to disclose User Content and any information related to the provider of such User Content, to third parties in connection with the operation and provision of the Services, to enforce the terms of any agreement that we have with you, to comply with legal obligations and requests from governmental authorities, law enforcement agencies, court orders, subpoenas, etc., and to protect the interests of Loophire where necessary. For the avoidance of doubt, you agree that we have the right to disclose your identity to a third party who is claiming that any User Content you posted, provided or uploaded is fraudulent, false, or misleading or constitutes a violation of the law, or a violation of their intellectual property or ownership rights, or of their right to privacy.
USER CONTENT LICENSE GRANT
By posting, submitting, providing and/or otherwise making available any User Content, you expressly grant, and represent that you have a right to grant, to Loophire, a royalty-free, sublicensable (through multiple layers of sublicensees), perpetual, transferable, non-exclusive, worldwide license to use, sell, reproduce, adapt, translate, sublicense, publicly perform, publicly display, and make derivative works from and otherwise exploit, all such User Content in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for the purposes of posting such User Content on the Loophire websites, distributing such User Content through the Loophire distribution and publishing network and in job alerts to job seekers, and to promote Loophire and the Services. This license continues even if you stop using the Services.
If you are a Client, you acknowledge and agree that Loophire has no obligation, and may be unable, to remove your Job Advertisements and other content (including any logos and/or trademarks contained therein) once they have been (i) distributed via the Loophire distribution and publisher network, (ii) listed in search engine results, or (iii) distributed on websites and in job alert emails or job alert texts, or (iv) incorporated into fixed media displays of Loophire or any third party, and in each case (i) to (iv) above, the license grant from you above will be perpetual and irrevocable for such uses. To the extent your User Content is a trademark, trade name, service mark or service name protected by law, the foregoing license also extends to the use by Loophire to identify you as a User of the Services in any promotional and marketing materials to promote Loophire and the Services. Further, to the extent you have given Loophire the right to access certain User Content that is present on another website or service you own or control, you give Loophire the right to scrape such website as required to retrieve such User Content for use on the Services as contemplated in the license grants above.
You represent and warrant that you have the rights, power and authority necessary to grant the rights described in this section to User Content that you submit, provide, make available or post, via the Services, that the use by Loophire of your User Content will not violate any law or infringe the rights of any third party, and that your User Content and any other information that you provide to us is legal, complete, legitimate, truthful and accurate.
OUR PROPRIETARY RIGHTS
With the exception of content owned by, or licensed from, third parties, the Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and content (the, “Loophire Content” ), and all Intellectual Property Rights related thereto, are the exclusive property of Loophire. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under, any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Services. Use of the Loophire Content or materials on the Services for any purpose not expressly permitted by this Agreement is strictly prohibited.
If you participate in any evaluation regarding the Services or otherwise provide Loophire suggestions, comments, ideas, opinions, recommendations for the modification, correction, improvement, or enhancement of the Services, or other feedback regarding the Services (collectively,“Feedback” ), you agree that Loophire shall own such Feedback. Accordingly, you understand and accept that Loophire will be free to use, disclose, reproduce, license or otherwise distribute, commercialize and exploit the Feedback as it sees fit, entirely without obligation or restriction of any kind and without compensation to you. You agree not to provide any Feedback that is false or misleading or that breaches any agreement you have with a third party.
Certain aspects of the Services may be provided for a fee. If you elect to use paid features of the Services, you agree to the pricing and payment terms for the applicable Services, as we may update them from time to time. Recurring charges are billed in advance of service. Loophire may add new services and products for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. We may also provide certain services via our third-party partners and you agree that your use of such third-party services is subject to the contractual (including payment) terms presented by such third parties should you wish to use their services. You further agree that Loophire has no responsibility for such third-party services and your use of such services is entirely at your own risk. Any change to the fees for paid services shall become effective in the billing cycle following notice of such change to you.
You may cancel your subscription to paid services at any time and you accept that you will not receive a refund of pre-paid fees for such cancellation. In the event that Loophire suspends, limits, conditions, or terminates your access to the Services and/or your account due to your breach of this Agreement or any other agreement that you have with Loophire, you understand and accept that you will not receive a refund for any unused time with respect to fees that you have pre-paid for a subscription plan, product or service, and to the extent that you have not paid the applicable fees, you will remain liable to pay Loophire the entire fees due for the subscription, product or service, as applicable.
All information that you provide in connection with a monetary transaction must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction at the prices in effect when such charges are incurred. You will also pay any applicable taxes relating to such transactions. If at any time Loophire is required by a taxing authority to pay any taxes not previously collected from you, you will
promptly submit such taxes (including applicable penalties and interest, if any) to Loophire upon written notice.
If you elect to add additional paid services or products to your selected subscription or upgrade your subscription, we will invoice you for such services, products and upgrades, and/or charge your credit or debit card (or other payment method) accordingly.
Delinquent payments may bear interest at the rate of one-and-one-half percent per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. You will be responsible for all reasonable expenses (including legal fees and expenses) incurred by Loophire in collecting delinquent amounts, except where the delinquent amounts are due to billing inaccuracies. In addition, if you are late in payment of any fees, we reserve the right to either (i) immediately suspend or terminate your access to the applicable Services without notice, and in the event of any such suspension or termination, you will remain responsible for the entire amount of fees owing for such Services; or (ii) bill your credit/debit card on file with us under this or any other agreement. Unless your subscription plan is terminated timely and correctly, you will continue to accrue charges even if you don’t use the subscribed Services.
(i)In the event that you pay for any Services using a credit card or debit card, you authorize Loophire to charge your credit or debit card (or other acceptable payment method that you have chosen from those offered) (“Payment Method” ), for the applicable fees for the duration of the applicable term of your selected subscription plan or other paid service or product, together with any applicable VAT, sales, use, excise, consumption or other similar tax applicable to the Services. You represent that you are authorized to use the Payment Method on your company’s behalf and you agree to accept an electronic record of a receipt. If at any time your Payment Method will not accept the charge for fees due, you agree that Loophire may suspend or terminate your access to the applicable Services and that you will continue to remain liable for the full payment for such Services even after your access to the Services has been terminated or suspended. By providing any Payment Method, you agree that applicable credit card, debit card and billing information may be shared with third parties such as payment processors and credit agencies, and/or collection agencies for the purposes of checking your credit, effecting payment, collecting payments and late fees if applicable, and for providing the applicable Services to you or in order to enforce our agreement with you. We may also share this information with law enforcement authorities and in response to subpoenas, court orders, and search warrants.
(ii)Subscription Plans and Renewals. Subscription Plans will automatically renew for recurring periods depending on the duration of your selected Subscription Plan (e.g., every 30 days, 3 months, 6 months, annual or other period), unless you notify Loophire of any changes or requests not to renew (i.e., to cancel), prior to the end of the Initial Plan Term (each, a “Renewal Plan Term”)or each Renewal Plan Term. Cancellation requests should be made in accordance with the instructions provided on the applicable Loophire website or in accordance with Section 7 E. (iii) below. At the time of automatic renewal, if you have provided a credit or debit card, the applicable subscription or other fees will be charged to the debit or credit card provided and/or associated with your account, or you will be invoiced for payment.
ADDITIONAL TERMS THAT APPLY TO JOB SEEKERS
As a Job Seeker, you can (i) use the Services to browse through matched jobs, (iii) receive job alert emails or text messages, where such features are available to you. For purposes of this Agreement, references to “PROFILE” shall also mean references, recommendations, and other similar written overviews or assessments of a person’s experience and qualifications.
You agree that if you have a Loophire account or if you have provided your employment information to Loophire and/or if you have signed up for job alerts, we may use the information you provide to send you information about Job Advertisements that match to you and you also agree that we can provide your profile information (to the extent that you have not designated it as private), to an employer or recruiter for potential employment opportunities.
To the extent that you wish us to share your information and profile with potential employers, recruiters, or staffing agencies you consent to us sharing your profile, together with any additional information you provide to us during the employment profile creation process. This means that you give us a non-exclusive, royalty-free, worldwide licence (and right to sub-license), of any rights, including intellectual property rights, in your profile and any additional information you provide to us, to share or otherwise use such profile and additional information as we reasonably require to fulfil the services we provide to you.
Once you create an employment profile, your work history and other applicable information will be shared with the entity that posted the Job Advertisement. You should therefore ensure that the information you provide is complete and accurate, and only contains information that you are comfortable sharing.
If you ask Loophire to submit a message to any employer or third party or if you apply for a job using the Services, you accept that Loophire does not guarantee that the recipient entity will receive, access, view, or respond to your requests or Job Match, or that the transmission of data will be error-free.
IMPORTANT: It is your responsibility to ensure that the employment profile associated with your account is always updated, current and accurate while having the ability to match to a Job Advertisement so an employer receives the most up-to-date information about you. In order to delete or edit your employment profile, or upload a new profile, please go to the Profile settings in your User account.
You are solely responsible for your interactions with Users whom you contact or who contact you. Note: there are risks, including, but not limited to, the risk of physical harm, that may arise when dealing with strangers, including persons who may be acting under false pretenses. You should therefore use caution with regard to the information you elect to share as part of your User Profile.Only list the contact information that you are comfortable disclosing to Clients and other Users of the Services.
Unfortunately, the transmission of information over the Internet is not completely secure and we cannot, therefore, guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper
purposes. You acknowledge that you provide your personal information at your own risk.
To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless Loophire and its subsidiaries, and their respective directors, officers, board members, employees, agents, successors and assigns, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to all legal fees and expenses) arising from: (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement and any other agreement that you have with Loophire, including without limitation your breach of any of the representations and warranties herein; (iii) your violation of any third-party rights, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation, including, without limitation, your violation of the US Fair Credit Reporting Act and any applicable data protection laws; (v) any claims or damages that arise as a result of your User Content; (vi) any other party’s access and use of the Services with your account or log-in information; and/or (vii) your intentional or willful misconduct, or negligence.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LOOPHIRE DOES NOT GUARANTEE ANY RESULTS FROM USING THE SERVICES. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES ARE AT YOUR OWN OPTION AND RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES, CONDITIONS OR TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PURPOSE OR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LOOPHIRE, ITS EMPLOYEES, OR AGENTS, OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY, TERM OR CONDITION NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (I) ANY CONTENT PROVIDED ON OR THROUGH THE SERVICES IS ACCURATE, LEGALLY COMPLIANT, UP-TO-DATE, RELIABLE OR CORRECT; (II) THE SERVICES WILL MEET YOUR REQUIREMENTS; (III) THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR WILL BE UNINTERRUPTED OR SECURE; (IV) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR
LOOPHIRE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A USER OR THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND LOOPHIRE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND A USER OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
LOOPHIRE DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
LIMITATION OF LIABILITY
OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SYSTEMS OR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN; (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; (VI) 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; (VII) USER CONTENT OR (VIII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY.
AGREEMENT TO ARBITRATE
This Agreement contains an Arbitration provision, which will, with limited exception, require you to submit disputes you have against Loophire to binding and final arbitration. You will only be permitted to pursue claims against Loophire on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
If you are located in, are based in, have offices in, or do business in a jurisdiction in which this Section 17. is enforceable, the following mandatory arbitration provisions apply to you:
This Section 17 is referred to in this Agreement as the “Agreement to Arbitrate”. Unless you opt-out pursuant to the opt-out procedures set forth below, you agree that any and all disputes or claims that have arisen or may arise between you and Loophire or its affiliates, whether relating to the Services, this Agreement (including any alleged breach thereof), or otherwise (each a“Dispute” ), shall be resolved exclusively through final and binding arbitration, rather than a court in accordance with the terms of this Agreement to Arbitrate. Your rights will be determined by a neutral arbitrator, not a judge or jury.YOU UNDERSTAND THAT ABSENT THIS AGREEMENT TO ARBITRATE, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), including the AAA’s Supplementary Procedures for Consumer-Related Disputes, each available at www.adr.org, or such other alternative dispute resolution body and arbitration rules that may be mutually agreed upon by you and Loophire. Your arbitration fees and your share of arbitrator compensation shall be governed by such rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Loophire may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
You and Loophire agree that any arbitration shall be limited to the Dispute between Loophire and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
You and Loophire agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Loophire intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
You have the right to opt-out and not be bound by the arbitration provisions set forth in this Section 17 by sending written notice of your decision to opt-out to firstname.lastname@example.org or to the U.S. mailing address listed at the bottom of this Agreement. The notice must be sent to Loophire within thirty (30) days of your registering to use the Services or agreeing to these terms, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-
The Services are controlled and operated by Loophire from within the United States of America. Loophire makes no representations that the Services or the materials available via the Services, are appropriate or available for use in locations outside of the United States or the European Union. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with all United States of America laws as well as local laws, if and to the extent local laws are applicable.
Customer Support Questions: If you have questions about your User account, your subscription plan, job alerts, applications to Job Advertisements, or any other Services-related questions, please contact Customer Service at email@example.com
1603 Farnam St, Suite 219
Omaha, NE 68102