(Effective as of November 11, 2016)
ABOUT THE SERVICE
The Service is an online employment recruiting platform that allows Users to post resumes, photographs and contact information and allows employment recruiters (“Recruiters”) to view User resumes. The Service also allows Users to send messages to and receive messages from Recruiters and other Users.
REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE
You need to be at least 18 years old to register for and use the Service. By registering for the Service, you represent and warrant that you are 18 years of age or older. Office Hours does not knowingly collect or solicit information from anyone under the age of 18 or knowingly allow such persons to register. If you are under 18, please do not attempt to register for Office Hours or send any information about you to us, including your name, address, telephone number, or email address. If we learn that we have collected personal information from a person under age 18, we will delete that information as quickly as possible. If you believe that a person under 18 may have provided us personal information, please contact us at firstname.lastname@example.org.
You agree to notify us immediately of any unauthorized use of your password and/or account. Office Hours, LLC. will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.
When you create your own personalized account, you will be able to upload your resume, photograph and contact information to the Site and you will be able to send messages to and receive messages from Recruiters, Employers, and other Users (“User Content”). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.
We reserve the right to remove User Content that is deemed inappropriate at our discretion without prior notification to the User.
The Site is free to Users. If you elect to purchase products or services on or through the Service, or to use paid aspects of the Service, you agree to pay the amount specified for the Service. The price to purchase products or services on or through the Service, or to use paid aspects of the Service, may vary, and we may add new products and services for additional fees and charges at any time in our sole discretion. When paying please verify that you understand the price and the terms and conditions of payment.
You acknowledge and agree that Office Hours has no obligation to provide a refund for any products or services purchased on our through the Service. Although we may grant refunds, we examine refunds on a case by case basis and have the sole discretion in granting or denying any refunds. Please contact us at email@example.com for further details or to request a refund. Further, in the event that Office Hours, LLC. suspends or terminates your use of the Service or this Agreement, you understand and agree that Office Hours has no obligation to provide, and you may not receive, a refund of any kind.
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service 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 or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
Your permission to use the Site is conditioned upon the following Use Restrictions: You agree that you will not under any circumstances:
- post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
- use the Service for any unlawful purpose or for the promotion of illegal activities;
- attempt to, or harass, abuse or harm another person or group;
- use another User’s account without permission;
- provide false or inaccurate information when registering an account;
- interfere or attempt to interfere with the proper functioning of the Service;
- make any automated use of the Service or the Site, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
- publish or link to malicious content intended to damage or disrupt another User’s browser or computer.
The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:
- You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
- You will not post information that is malicious, false or inaccurate;
- You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. Office Hours is not responsible for any public display or misuse of your User Content. Office Hours does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.
You are solely responsible for your interactions with other Users and with Recruiters and Employers on the Site and through the Service. You understand that Office Hours does not in any way screen its Users, nor does Office Hours inquire into the backgrounds of its Users or attempt to verify the statements of its Users. Office Hours makes no representations or warranties as to the conduct of Users or their compatibility with any current or future Users.
ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Site or the Service, but not directly by Office Hours, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Office Hours does not guarantee the accuracy, completeness, or usefulness of any information accessed on the Site or through the Service and Office Hours does not adopt or endorse, and Office Hours is not responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than by Office Hours. Office Hours takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. Under no circumstances will Office Hours be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Site, or the Service, or transmitted to Users.
LINKS TO OTHER SITES AND/OR MATERIALS
As part of the Service, Office Hours may run advertisements and promotions or provide you with convenient links to third party website(s) (“Third Party Sites”), as well as articles, videos, webinars, photographs, text, graphics, pictures, designs, music, sound, video, information, and other materials, content or items belonging to or originating from third parties (the “Third Party Content”). The content and links are provided as a courtesy to Users. Office Hours has no control over Third Party Sites and Third Party Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Content. Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Office Hours, and Office Hours is not responsible for any Third Party Sites accessed through the Site or any Third Party Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by Office Hours. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the Site.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
(a) Termination of Repeat Infringer Accounts. Office Hours respects the intellectual property rights of others and requests that the Users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, Office Hours has adopted and implemented a policy that provides for the termination in appropriate circumstances of Users of the Service, or the Site who are repeat infringers. Office Hours may terminate access for Users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials on the Site infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to Office Hours’ designated copyright agent at the address of the registered agent of Office Hours.
- The date of your notification;
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
- Information reasonably sufficient to permit Office Hours to contact you, such as an address, telephone number, and/or email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A notarized statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
- Your physical or electronic signature;
- A description of the content that has been removed and the location at which the content appeared before it was removed;
- A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Illinois and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Office Hours copyright agent, Office Hours may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or User, the removed content may (in Office Hours’ discretion) be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.
By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to Office Hours a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site and the Service, including applicable copyrights, trademarks, and other proprietary rights. “Office Hours, LLC.” and other Office Hours graphics, logos, designs, page headers, button icons, scripts and service names are the trademarks or trade dress of Office Hours in the U.S. and other countries. You may not use Office Hours trademarks and trade dress, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion or create the impression that Office Hours endorses any product or service. You may not reproduce or use Office Hours’ trademarks or trade dress without the prior written permission of Office Hours. Other product and company names that are mentioned on the Site may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
EMAIL USED TO PROVIDE NOTICE TO OFFICE HOURS
Communications made to firstname.lastname@example.org will constitute legal notice to Office Hours and any of its officers, employees, agents or representatives in any situation where notice to Office Hours is required by contract or any law or regulation.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
We may also use your email address, to send you other messages, including information about Office Hours and special offers. You may opt out of such email by changing your account settings or sending an email to email@example.com or at the address of the registered agent of Office Hours.
Opting out may prevent you from receiving messages regarding Office Hours or special offers.
THE SERVICE AND THE SITE ARE PROVIDED “AS IS,” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WITHOUT LIMITING THE FOREGOING, OFFICE HOURS EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, OFFICE HOURS MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES; RELEASE
OFFICE HOURS DOES NOT GUARANTEE THAT USE OF THE SERVICE WILL RESULT IN YOU OBTAINING A JOB WITH ANY RECRUITER OR EMPLOYER AND YOU ACKNOWLEDGE THAT OFFICE HOURS HAS NO RESPONSIBILITY REGARDING YOUR ABILITY TO BE HIRED BY ONE OF THE RECRUITERS OR EMPLOYERS VIA THE SITE OR THE SERVICE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OFFICE HOURS, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS (THE “OFFICE HOURS PARTIES”), BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, SERVICE DOWNTIME, LOST OPPORTUNITY, REPUTATIONAL HARM, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE OR THE SITE; (C) THE SERVICE GENERALLY OR THE SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH OFFICE HOURS OR ANY OTHER USER OR RECRUITER OR EMPLOYER, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OFFICE HOURS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL OFFICE HOURS PARTIES’ TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNTS, IF ANY, YOU PAID TO US FOR THE SERVICES GIVING RISE TO THE LIABILITY IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more Users, Recruiters, Employers or any other third party resulting from or arising out of or in connection with your use of the Service or Site, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
The Service and the Site are made available from Office Hours’ facilities in the United States. Office Hours makes no representations that the Service or the Site are appropriate or available for use in your geographic location, whether within or outside of the United States. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service or the Site if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the United States.
Office Hours may modify the Service, and all content, software and other items used or contained in the Service, at any time. You may terminate your Office Hours registration at any time by providing Office Hours with notice of termination in accordance with the instructions available through the Service. Your access to, use of, or participation in the Service, including any content therein, may be prevented by Office Hours at any time after your termination of your account.
Office Hours and you (such references include our respective subsidiaries, affiliates, predecessors in interest, successors and assigns) agree to arbitrate all disputes and claims arising out of or relating to this Agreement.
If you intend to seek arbitration you must first send written notice to Office Hours’ Customer Care Center of your intent to arbitrate (“Notice”). The Notice to Office Hours should be sent by electronic mail to firstname.lastname@example.org. The Notice must (1.) describe the nature and basis of the claim or dispute; and (2.) set forth the specific relief sought. If we do not reach an agreement to resolve the claim within 30 days after the Notice is received, You or Office Hours may commence an arbitration proceeding.
The arbitration shall be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and shall be administered by the AAA. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of this Agreement.
Except as otherwise provided for herein, Office Hours will pay only all AAA filing, administration and arbitrator fees if it is not the prevailing party. Otherwise, the payment of all such fees shall be governed by the AAA Rules.
You agree that, by entering into this Agreement, to the extent permitted by applicable law, you and Office Hours are waiving the right to a trial by jury.
The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. You and Office Hours agree that YOU AND OFFICE HOURS MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, and not as a plaintiff or class member in any purported class or representative proceeding. Further, you agree that the arbitrator may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that if this specific provision is found to be unenforceable, then the entirety of this arbitration clause shall be null and void.
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of Office Hours to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
You agree that any cause of action related to or arising out of your relationship with Office Hours must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.